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R02-123RESOLUTION NO. R02- /53 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THREE (3) FIRE RESCUE MUTUAL AD AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH AND CITY OF BOCA RATON, CITY OF DELRAY BEACH AND PALM BEACH COUNTY FIRE RESCUE DEPARTMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Mutual Aide Agreements are necessary to ensure Fire Rescue and Emergency Medical responses from outside agencies for assistance during call volume overload and major incidents, as well as routine operations; and WHEREAS, the City has enjoyed a good reciprocal mutual aid arrangement with Boca Raton, Delray Beach and Palm Beach County for several years. 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 three (3) Mutual Aide Agreements, which are attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ ~day of August, 2002. FLORIDA Commissioner EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH THIS AGREEMENT ismade and entered into this ~ ~'- ~~$~ day of 002, by and between the CITY OF DELRAY BEACH, a Florida mtmicipal 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 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; or non-emergency assistance and logistical support may be helpful to the parties; 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/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. 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 Deputy Chief of Administration, 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. 2 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 T. No AssumptionofLiability: 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 forlnjury: All the privileges and immunities fi.om liability, exemptions fi'om 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: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. 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. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, 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. 4 Section l6. 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: the State of Florida. This agreement shall be construed by and governed by the laws of Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. 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 ~arty Shall~aintain 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. 5 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 Avenue 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. Section23. 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..Indemnffieation~i:~ ;~..~Eaeh party Shall be liable fOr its own aelaons and Beach's negligence in connecti°n;~With.~ ent,. and theCityOfBoynton Beach Shall ind~fy, defend and hold.harmless the CitY 0f DelraY~BeaChI a~fiom, ct~,:°r damages ~ing out 6 fees) assoeiated ~th me enforcement 0f ~e!erms and ~ndi~0ns °f ~s A~eement s~~be borne bY 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. ATTEST: Barbara Garito, City Clerk By~~ City Clerk CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSION Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~,City Attorney q O~/O'~/OZ- ATTEST: By: CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COUNCIL 7 City A/tomey [ITY OF IDELRI:IV 9ER[H DELRAY BEACH AII-AmedcaCity 1993 2001 CITY' CLERK September 6, 2002 Janet Prainito, City Clerk City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33436 561 Re: Emergency Services Agreement Dear Ms. Prainito: For your records, please find attached one (1) fully executed copy of the Emergency Services Agreement for Mutual Aid and Assistance for the City of Boynton Beach. An original agreement has been sent to Palm Beach County for recording. Please let us know if we can be of additional assistance to you. I can be reached at (561)243-7059. Sincerely, Chevelle D. Nubin Executive AssistantJAgenda Coordinator Attachment To: Terrill Pybum, Assistant City Attorney CC: Janet Prainito, City Clerk of Boynton Beach File From: Chevelle Nubin, Agenda Coordinator ~,~ Date: 9/5~2002 Re: Emergency Services Agreement Please find one (1) fully executed copy of the Boynton Beach Emergency Service Agreement; An original agreement has been sent to Palm Beach County for recording and a recorded copy will be sent to you and Janet Prainito when we receive it, Please call me at 243-7059 if you have any questions. Thanks CN/cn Attachment EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID · ~ BETWEEN ~!~i'~ l i: ~E CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH THIS AGREEMENT is made and entered into this ~ ~ and between the CITY OF BOCA RATON, a Florida municipal corporation, by and through its City Council 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 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. 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 Boca Raton's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, whose telephone number is 561-367-6708. The City of Boynton Beach's representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Administration, 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. 2 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 detenuined 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 Further, nothing herein shall be construed as a waiver of wrongful acts or on'fissions of the other. sovereign immunity. Section 8. Liability for lnjury: 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: The cost of gasoline and other normal supplies used for mutual assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. 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. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10. Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, hnless 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, temfinate this Agreement for any reason or for no reason at all. Section 12. Capital Improvement Plans: annual basis, shall exchange Capital Improvement Plans Both parties to this Agreement, on an 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 andAmendment: 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 benefiting 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 parties' performance and obligation under this Agreement is conting, ent 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. 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 Boca Raton shall be mailed to: Boca Raton Fire-Rescue Statices Department Fire Chief ' 2333 West Glades Road Boca Raton, FL 33431 and if sent to the City of Boynton Beach 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 convemence 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, the City of Boca Raton shall indemnify, defend and hold harmless the City of Boynton Beach against any actions, claims or damages arising out of the City of Boca Raton's negligence in connection with this Agreement, and the 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 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 tm'ms 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. 8 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. ATTEST: THE CITY OF BOCA RATON, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By :l[~~m~e y~ CITY OF BOYNTON BEACH, Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 3.30-2002 A RESOLUTION OF THE CITY OF BOCA 'RATON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID WITH THE CITY OF BOYNTON BEACH FOR THE PURPOSE OF PROVIDING AND RECEIVING EMERGENCY FIRE RESCUE SERVICES ASSISTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Boca Raton desires to enter into an Emergency Services ~,greement for mutual assistance and automatic aid with the City of Boynton Beach for the purpose of providing and receiving emergency fire rescue services assistance; and WHEREAS, such an agreement has been prepared and a copy thereof is attached hereto; now therefore RATON: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA Section 1. That the Mayor and City Clerk be authorized to execute the Emergency Services Agreement for Mutual Assistance and Automatic Aid with the City of Boynton Beach, a copy of which is attached hereto. Section 2. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. 2 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 4. This resolution shall take effect 10 days after adopti~3n. PASSED AND ADOPTED by the City Council of the City of Boca Raton this , CITY Of BOCA RATON, FLORIDA ATTEST: ~har'ma CarannEnte, City Clerk · ~ ' '~ ........... COUNCIL~VOTE MAYOR STEVEN L. ABRAMS DEPUTY MAYOR SUSAN HAYNIE ,,COUNCIL MEMBER DAVE FREUDENBERG COUNCIL MEMBER BILL HAGER COUNCIL MEMBER CAROL G. HANSON 2 R2002 so,0m i1 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 ~_~ 7/'', 2002, 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 (hereilatft.er ~e WHEREAS, each of the parties Department with fire rescue equipment, municipal corporation located in Palm Beach County, Florida to this Agreement presently maintains a Fire-Rescue 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 conununities. 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. 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 CiffiCials o'f 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 County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is 561-616-7008. The City representative and contract monitor during the performance of this Agr,eement shall be the Deputy Chief of Administration, 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. 2 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 rcquired equipment available or if, in its sole judgment, compliance with the request wOuld jeOpardize the protection of its oTM 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.: party shall, in connection with this Agreement or the No employee, officer, or agent of either performance of services and functions hereunder, have a right t.o 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: The cost of gasoline and o~er normal supplies used for mutual assistanCe/automatic aid purposes shall be the respOnsibilitY of the Party using such suppli~, except that certain expendable supplies including, but not limited to, foam, hazmat suits, containment bah'els, or other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the agency rendering aid or assistance. 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. All compensation for personnel shall be borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the party owning or possessing the equipment. Section 10, Effective Date and Term: This Agreement shall take effect on October 1, 2002 and shall remain in full force and effect for a period of no less than seven (7) years, expiring on September 30, 2009, 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 4 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 i5. Enti~rety of Agreenlent: 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 parties' 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 5 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 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 and if sent to the City shall be mailed to: City of Boynton Beach Fire Chief 100 East Boynton Beach Boulevard Boynton Beach, FL 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 shah 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, cla~, or damages arising OUtof 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 panics 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. 7 '. 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. 1 20.02 ATTEST: DOROTHY H. WIL~¢CJ~Z .~ ,.. -: ............. ~'%, ~- Deputy CI~ ~~LO~iD~ LEGAL SUFFICIENCY By: Assistant County Attorney PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: ~/ff.~.~,"C.-~EP 10 2902 Warren-~e~vell, Chairman / APPROV~ AS TO TERMS AND CONDITIONS e}Re~cue CITY OF BOYNTON BEACH, FLORIDA, :,,,.,,xCi~,.q~//,~ BY ITS CITY COUNCIL g,.,r..q_ ~.~,,"..."~ u ,,~ , . .~ ~ (i~y~ By: '.~~VED AS TO FORM AND LEGAL SUFFICIENCY Fire Rescue Chief Herman W. Brice 50 S. Military Trail. Suite 10l Dst Palm Beach. FL 33415-3198 (561) 616-7000 wwwpbcff, org Palm Beach County Board of ~ounty Commissioners ~Varren H. Newell, Chairman Carol A. Roberts, Vice Chair F, aren T. Marcus Mary McCarty Burr Aaronson Tony Masilotti Addle L. Greene County Administrator Robert ~isman 'An Equal Opportunity ~ffrmative A cffon Employer September 30, 2002 William L. Bingham, Fire Chief City of Boynton Fire Department 100 E. Boynton beach Boulevard Boynton Beach, Florida 33435 Re: Emergency Se~rvices Agreement for Mutual Assistance Dear Chief Bingham: On September 10, 2002, the Board of County Commissioners approved an Emergency Services Agreement for Mutual Assistance and Automatic Aid between the County and the City of Boynton Beach. I am enclosing a copy of an executed agreement for your files. If you have any questions please do not hesitate to contact me at (561) 616-7028. Sincerely, Ella Koehl, Sr. Secretary Administrative Services Attachment/1 :ek;wpdbcc,agenda;emergsvcsagreeltr. File copy