R18-117 1 RESOLUTION NO. R18-117
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO
6 SIGN AN INTERLOCAL AGREEMENT WITH THE TOWN OF
7 HYPOLUXO FOR THE CITY TO CONTINUE TO PROVIDE FIRE-
8 RESCUE SERVICES TO THE TOWN OF HYPOLUXO FROM
9 OCTOBER 1, 2018 THROUGH SEPTEMBER 30, 2025; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, currently the City of Boynton Beach is party to a seven (7) year
14 Interlocal Agreement for Fire-Rescue Services with the Town of Hypoluxo which expires
15 September 30, 2018; and
16 WHEREAS, the City of Boynton Beach and the Town of Hypoluxo would like to
17 renew the Interlocal Agreement for Fire-Rescue Services for the period of October 1, 2018
18 through September 30, 2025; and
19 WHEREAS, staff is recommending the renewal of this Agreement; and
20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
21 recommendation of staff, deems it to be in the best interests of the City residents to approve
22 and authorize the Mayor to sign an Interlocal Agreement with the Town of Hypoluxo for Fire
23 Rescue Services from the period of October 1, 2018 through September 30, 2025.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof
29 Section 2. The City Commission hereby approves and authorizes the Mayor to
30 sign an Interlocal Agreement with the Town of Hypoluxo for Fire Rescue Services from the
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31 period of October 1, 2018 through September 30, 2025, a copy of which is attached hereto as
32 Exhibit"A."
33 Section 3. This Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 21st day of August, 2018.
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor— Steven B. Grant
40
41 Vice Mayor—Christina L. Romelus
42
43 Commissioner—Mack McCray
44
45 Commissioner—Justin Katz
46
47 Commissioner—Joe Casello
48
49 VOTE 5-
50 ATTEST:
51
52 53 a-
/4,6
54 Juditih 'x
yle, CMC
55 City
56
57
58 (Corporate Seal)
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•
1 TOWN OF HYPOLUXO
2
3 RESOLUTION NO. -18-469
4
5 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
6 HYPOLUXO, FLORIDA APPROVING AN INTERLOCAL AGREEMENT
7 PROVIDING FOR FIRE-RESCUE SERVICES TO THE TOWN OF
8 HYPOLUXO BY THE CITY OF BOYNTON BEACH AND AUTHORIZING
9 THE MAYOR AND TOWN CLERK TO EXECUTE SAME; PROVIDING
10 FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
11
12 WHEREAS, the Town does not maintain a Fire Protection and Fire Rescue
13 Department and the City of Boynton Beach has been providing fire-rescue services to the
14 Town by Interlocal Agreement since 1997; and
15
16 WHEREAS, the current Interlocal Agreement expires on September 30, 2018 and
17 the Town wishes to execute a new Interlocal Agreement with the City of Boynton Beach
18 for a seven-year term commencing on October 1, 2018 and ending on September 30,
19 2025; and
20
21 WHEREAS, the Town's payments to the City of Boynton Beach for fire-rescue
22 service pursuant to the Interlocal Agreement are substantially less than property owners
23 would otherwise pay if the Town were part of the Palm Beach County Fire-Rescue
24 Municipal Services Taxing Unit; and
25
26 WHEREAS, the Town Council determines that the execution of an Interlocal
27 Agreement for Fire-Rescue Services with the City of Boynton Beach is in the best
28 interests of the health, safety and welfare of the citizens and residents of the Town.
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
31 TOWN OF HYPOLUXO, FLORIDA as follows:
32
33 Section 1. The foregoing recitals are ratified as true and incorporated herein.
34
35 Section 2. The Town Council hereby approves the Interlocal Agreement
36 Providing Fire-Rescue Services to the Town of Hypoluxo by the City of Boynton Beach,
37 a copy of which is attached hereto and incorporated herein by reference, and authorizes
38 the Mayor and Town Clerk to execute the Agreement on behalf of the Town.
39
40 Section 3. All resolutions or parts of resolutions in conflict with this Resolution
41 are hereby repealed to the extent of such conflict.
42
43 Section 4. This Resolution shall become effective immediately upon adoption.
44
45 [Remainder of page intentionally blank]
Page 1 of 2
1 RESOLVED AND ADOPTED this l(9 day of r, 2018.
2
3TOWN OF HYPOLUXO, FLORI A
4 / e5 BY:
6 Mic ael C. Brown, Mayor
7
8 ATTEST: 4600,
9
10
11 Dixi Gual ' ri, Deputy Town Clerk
12
13 APPROVED AS TO FORM AND LEGAL
14 SUFFICIENCY:
15
16
17 Leonard G. Rubin, Town Attorney
18
19 VOTE: AYE: NAY: ABSENT:
20
21 VICE MAYOR RICHARD J. RONEY
22
23 COUNCILMEMBER BRAD R. DOYLE
24 /
25 COUNCILMEMBERCHRISTINE NAGY '✓
26 _ / .
27 COUNCILMEMBER LINDA ALLEN V
28
29 COUNCILMEMBER ROBERT LEUPP
30
Page 2 of 2
INTERLOCAL AGREEMENT
FOR FIRE-RESCUE SERVICES TO THE TOWN OF HYPOLUXO BY THE CITY
BOYNTON BEACH
This Agreement, made and entered into this -1 day of e_obikeCv, y�
2018,by and between the City of Boynton Beach,Palm Beach County,Flotilla,a municipal
corporation, hereinafter referred to as "City", and the Town of Hypoluxo, Palm Beach
County, Florida, a municipal corporation,hereinafter referred to as"Town."
WITNESSETH:
WHEREAS, the Town 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 Town; and
WHEREAS, the City does presently maintain a Fire Protection and Fire Rescue
Department and desires to provide fire and rescue services to the Town; and
WHEREAS, the City will maintain or improve the standards of fire and rescue
services to the Town as currently provided by the City within its municipal limits; and
WHEREAS, the City has a mutual aid agreement with Palm Beach County Fire
Rescue, Delray Beach Fire Rescue, and Boca Raton Fire Rescue; and
WHEREAS, the City and Town 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 Town in
conformance with City and Palm Beach County Fire Code of Ordinances; and
WHEREAS, the City will provide additional fire and rescue equipment and
personnel to ensure that the Town will receive the same or improved standards of fire
rescue services that are currently being received by the Town.
1111 NOW THEREFORE,in consideration of the mutual covenants hereinafter set forth,
the parties hereto, hereby agree as follows:
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SECTION 1. PURPOSE
(a) This Agreement constitutes an interlocal agreement authorized by Section
163.01, Florida Statues,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 and fire rescue
within the municipal limits of the Town 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, fire inspection and fire investigation.
SECTION 2. TERM OF AGREEMENT
The term of this Agreement shall be for a period of seven (7) years commencing
October 1, 2018 and ending September 30, 2025, with an option to extend the agreement
for an additional seven(7)years if all parties agree,or unless sooner terminated as provided
herein.
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 Town 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 Town boundaries at any specific time. The City will dispatch
and assign the closest,appropriately staffed and available vehicle(s)to emergencies within
the Town 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 judgement 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.
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(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 Town of Hypoluxo.
(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 Town for
its use and to support this Agreement during its term.
(e) The Town 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 firefighting or other emergency situations.
(f) The Town shall report all street and road closures/openings to the City Fire
Department immediately.
(g) The City assumes no responsibility for emergency preparedness planning
and program implementation for the Town.
(h) The City will provide the same level of service to the Town as it provides
to City residents with respect to hazardous material response in accordance with the Palm
Beach County Regional Hazardous Materials Response Ordinance of 1998 ("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 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, hazardous materials vapor suppressions,
chemical testing agents, and hazardous materials recovery drums and/or other containers
used by the City Fire Department.
(i) The City is permitted to invoice residents of the Town 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 Town
agrees to pay the City the sum of Four Hundred Thirty-Six Thousand One Hundred and
Forty-Two Dollars and 00/100 ($436,142.00) during the first year of this Agreement,
payable in two equal, semi-annual installments on January 15,2019 and April 15, 2019.
3
• .
Commencing October 1, 2019, the annual compensation for fire rescue services to
be rendered by the City to the Town 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 mandated of the federal, state, or
County government and to address any other unforseen events or contingencies. The
adjustments contemplated in this subsection shall be in addition the annual adjustment set
forth below.
Before July 1, 2019, and annually before July 1 of each succeeding year of this
Agreement, the initial compensation payable by the Town to the City ($436,142) shall be
adjusted effective October 1, 2019, and as of October 1 of each succeeding year of this
Agreement. The annual adjusted compensation commencing October 1,2019 and for each
succeeding year of this Agreement shall be an increase of four percent(4%).
Adjusted compensation for fire 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.
The City's fee for inspection and plan review of new development,redevelopment,
and existing structures within the Town shall be charged directly to the owners of such new
development, redevelopment, and existing structures in accordance with the fee as
established by resolution of the city commission and on file in the city clerk's office.
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 and
Mayor):
City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Fire Chief
City of Boynton Beach
2080 High Ridge Road
Boynton Beach, Florida 33426
Mayor
Town of Hypoluxo
7580 South Federal Highway
Hypoluxo, Florida 33462-6034
4
SECTION 6. CODE
The Florida Fire Prevention Code adopted by the State Fire Marshal, as may be
amended, including NFPA I Fire Prevention Code (6th edition) and NFPA Life Safety
Code(6th edition),in addition to any local amendments adopted by the City in accordance
with section 633.0215, Florida Statutes, shall apply within the Town's municipal limits.
Sections 2.5-8,2.5-12,2.5-13,2.5-15,2.5-16 and 2.5-17 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 Town. The
Town shall notify alarm users of the charges due, requesting payment thereof pursuant to
a fee as established by resolution of the city commission and on file in the city clerk's
office. The City 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 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
All written rules and regulations, polices and procedures of the City of Boynton
Beach Fire Rescue Department shall apply to the Town and are hereby incorporated herein
by reference 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 Statues.
The Town and City Councils 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 Town has a dispute with respect to the City's performance
hereunder,the Town shall notify the City Manager in writing, advising of disputed matter.
In the event that the disputed matter is not resolved to the satisfaction of the Town or and
the City,the Town shall request the City Manager schedule the disputed matter to be heard
at the next scheduled City Commission meeting.
5
r • V '
SECTION 9. TERMINATION
Either party may terminate this Agreement by giving written notice to the other
party that the cancelling party elects to terminate the Agreement no less than twelve (12)
months prior to the end of the fiscal year. For example, a party may terminate this
Agreement effective September 30,2020 by giving written notice prior to April 1, 2020.
SECTION 10. AMENDMENT TO AGREEMENT
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.
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WITNESSES: TOWN OF HYPOLUXO, FLOR A
By: le4,4411 C
}} nor
Attest: 11
Deputy T. , Clerk
Approved as to form and
Legal sufficiency:
Leonard Rubin, Esq.
Town Attorney
WITNESSES: CITY OF BO TON BE• H LORIDA
‘21r71:44/ I
� • BY:
Attest:
i ity Clerk
Approved as to form and
Legal sufficiency:
James Cherof, Esq.
City Attorney
7