R97-114RESOLUTION NO. R97-//:~,Z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY, PROVIDING FOR FIRE MUTUAL
ASSISTANCE/AUTOMATIC AID, AND PROVIDING AN
EFFECTIVE DATE.
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 provided 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;
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 an Interlocal
Agreement between the City of Boynton Beach and Palm Beach County, said
Agr, eement being attached hereto as Exhibit "A".
Section 2.
This Resolution shall become effective immediately upon
passage,
PASSED AND ADOPTED this /,.~" day of July, 1997.
Vic.,p~ayor
Commissioner
Commissioner
ATTEST:
49.fry
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID R97 1214 9 D
BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
THIS AGREEMENT is made and entered into this day of
SEP 16 1997 , 1997, by and between Palm Beach County, a political
subdivision of the State of Florida, by and through its Board of
County Commissioners 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, T~IEREFORE, 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 tha
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: Palm
Beach County's representative and contract monitor during the
performance of this Agreement shall be the Deputy Chief of
Operations, whose telephone number is 561- 233 -0010. The City of
Boynton Beach's representative and contract monitor during the
performance of this Agreement shall be the Deputy Chief of
Operations, whose telephone number is 561 - 375 -6325.
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
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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 determined
by his employer.
Section 6. ~ployee Claims, Benefits, etc.: No emp!oy~e,
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 thrqugh and against the entity by whom they are employed.
No employee of either party shall be deemed the employee of the
4
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. Renumeration: 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 upon execution by both parties and shall remain in full
force and effect for a period of no less than five (5) years,
expiring on September 30, 2002, 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
6
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. This agreement is
separate and distinct from the Fire-Rescue Interlocal Emergency
Services Agreement for Governmental Agencies in Palm Beach County.
(The requesting agency shall identify which agreement is being
time of the request) Interlocal or
initiated at the
Mutual/Automatic Aid.
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
7
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 contingent upon
on 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.
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.
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
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 cooperated 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 Palm Beach County shall be mailed to:
Fire Rescue Administrator
50 S. Military Trail, Suite 101
West Palm Beach, FL 33415
and if sent to the City of Boynton Beach shall be mailed to:
City Manager
P.O. Box 310
Boynton Beach, FL 33425
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.
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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: MUNICIPALITY
1 BY : ki Q-�c xt` -?-G By: ` ��
Su anne M. Kruse, Clerk Gerald Taylor, '
APPROVED AS TO FORM AND �0 ..!!.. •, " 9
77,,, i ftve f t y _1/: LEGAL SUFFICIENCY 1 ms' 2
) 14,
ty Attorney .
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ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS
% % % %%%%∎A ‘ BOARD OF COUNTY COMMISSIONERS
4 GDPNT�y,
Dorothy ' ilken 4 B e `�` ., .
:, ti;�.
OUNTY, 3
, .4 . ; l
B
lep ty Clerk '., i:,' 0 s Burt . • ronson, Chairman
. '���jo ` * ; Sa -?= SEP X1.6 497
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY R9 7 12 4 9 0
By:
County A o
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