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Home My WebLink AboutDocumentation_Regular_Tab 11_01/10/2019 Village of Tequesta 345 Tequesta Drive 561-768-0700 Tequesta, FL 33469 'q www.tequesta.org � Memo To: Christopher Quirk, Finance Director From: Michelle Gload,Accounting Manager, Budget and Payroll Date: Wednesday, December 19, 2018 Subject: Palm Beach County Vehicle Repair and Maintenance Services Attached for your review is an agenda item increasing revenues and expenditures in the General Fund #001 Fiscal Year 2019 Budget to recognize the fair market value of repair and maintenance services provided annually by Palm Beach County Fire Rescue. RESOLUTION NO. 02-19 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING REVENUES AND EXPENDITURES IN THE GENERAL FUND #001 2018/2019 BUDGET IN THE AMOUNT OF $70,000.00 TO RECOGNIZE THE FAIR MARKET VALUE OF SERVICES PROVIDED ANNUALLY BY PALM BEACH COUNTY FIRE RESCUE AS WELL AS RECOGNIZING RELATED VEHICLE REPAIR AND MAINTENANCE EXPENDITURES AND AUTHORIZING THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village currently has an emergency services agreement for mutual assistance, automatic aid, dispatch and fire vehicle maintenance and repair services with Palm Beach County; and, WHEREAS, pursuant to Article N, Section 2, Item E of this agreement, the first $70,000 of vehicle maintenance and repair services provided by Palm Beach County shall be at no cost to the Village. Thereafter, the County shall invoice the Village on a monthly basis for all services provided in excess of$70,000.00 each year. NOW,THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,AS FOLLOWS: Section 1 Resolution No. 02-19 is hereby approved increasing revenues and expenditures in the General Fund #001 2018/2019 Budget in the amount of $70,000.00 to recognize the fair market value of services provided annually by Palm Beach County as well as the related expenditures incurred; SecNon 2 This Resolution shall become effective immediately upon passage. �,, � � R2012� = 1303 EMERGENCY SERVICES AGREEMENT FUR MUTIJAL ASSLSTANCE, �' AUTOMATIC AID,DT.SPATCH AND FIRE VEffiCLE NlAIlVTENANCE AND `SF,o�� REPAIIt SERVICES BETWEEN PALM BEACH COUNTY AND 1'HE ,� � , VILLAGE OF TEQUESTA �9� �0�� THIS AGREEMENT is made and entered into this �Y o�sEp 11 �a`� ,za�2, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State oP Florida(hcrCinafter the "Cow�ty'�, by and through its Board of County Commissioncts and the VII.LAGE OF TEQUESTA, a Florida municipal corporation iocatal in Palm Seac� County, Florida(he�einatter the"Viliage'�. WHEItEAS, Section 1b3.01, Florida 5tatuRes, known as the "Florida I�erlocai Coop�ation Act of 1%9," authorius locat govemments to mak�e the most efficir�use of their power by enabling them to 000perate with ottur localiti�s on a basis of mutual advantage and thereby to provide xrvias s� fscilities t�at will haimoniu SeoSra�hic, oconomic, poP�ulation aad other fa�tors influencing th�e needs aad development of local commuaities;anct WHEREAS, the Village sad Coimty each presendy maintain a fire rescwe dep�ment with fire rasc� equipment, apparatus, fir�efiB�B P��l, ��Y medicai equipment, ��'S�Y��P��.aad other emergencY capabilities;atxi WHEREAS,it is dcemed mutnally advantageous to eater into this Agrcemant pmvidin8 for mutual essistaace/autamatic aid in tia�s of emergency where the nad c�ated may be too great for either party to dcal with unessisred or where a closest unit r�sponse is ag�raeable and in tha public nrteres5 and WHEREAS,t�,e Village�td Co�mty also muivaJly desire t6a#the Village pmvi�to the Covnty primary fire-tCscue response to certain geograplucal ar8as, and that the County pmvide to tl� Village certain maintenaace aad emergency r�pair services for the Village's fire-rescue emerBc�Y response�paratus;and NOW,'THEREFORE, in consideration of tt� teims agd conditions set forth herein snd the benefits following fmm tach to tlu other, the County and the Village do hereby agree as follows: ARTICLE I: MUTUAL AS3ISTANCE AND AUTOMATIC AID S�ction 1. Roqaat for Aiid/Aasi�taace: The Coimty and ttie Village a�,e� to provida assistance to e�h ot�er for Firt S�ppress'son, Emergency Medical Services, and Technical Rescue,within the terms and conditions set forth by this Agreement,and to formutate automatic aid plans an�d proc�edures under Section 2 of this Article. The assislance/sutomatic aid provided for by this Agreemern shall extend to areas served by the parties through service a�+aements. Emergency mutual assislance/automatic sid will be given when proP�Y�Ne�1 unless th�e party from whom assistance is reqwested d�mines in accordance with Section 4 of this Article that it is unable to respond. The party requesting aid and/or assistance shall provide tl�e following information at the time the request is msde: a The type and qua�ity of equipment and/or personnel need;and b. The name and rank of the person making the request. All requests s�all be directed through the cou�tY'S emec'BencY communications c'enter. The following officials of th�e participating parbies ate authorized to r�quest aid and assistance under t�is Agraement: the respeotive Fire Cluefs, Assistant or Deputy Chiefs, or Incident Com�ders. Section 2. Command Aatliority: In d�e event of an emerge�ncy which requires additional assistaace,the Fire Chief of ti�e jurisdiction in which the incident is loc�ed,or in his absee�ce,the Assistant or Deputy Fire Chief or the Incident Command�er,will direct the a�ivities at the scene where the emergency exists, but petsoffiel resPonding to the call will remain under the command of their own officers at all times. Each party shall retain control over its peisomLel and the rendition of services,standards of perform�ce,discipline of offioers and employees,and ot�er matters incidental to the perfarmance of services. Each party aut�orizes its Fire Chief or liis desiSnee to meet with tl�e other party's Fire Chief or his designee and develop�atic sid plans and procxdur�ees,including but not limited to details regarding areas to be serviced aad type arid/ar le�vel of re.sponse,when the�'ire Clriefs have determined that improved response tinies or other forms of efficiency within their respective jurisdictions aad/or service areas may be achieved Such automatic aid/closest unit response plans and procedures s1�aU be sort forth in a I,etter(s) of Underst�ding between the Fire Chiefs,and the Fire Chiefs are hereby authorized to enter into an+d amend said Letter(s) of Understanding on behalf of their respective p�rties. The Fire Chiefs are aLso authorized to pmmulgate necessery adminis�ative regulations and order to implement end administer these plans and procedures. Section 3. Remnneration: All cost4 associated with provid.ing mntual assistance and automatic aid services uader this Agreement shall be the responsibility of the agency rardering aid/assistance. 2 � s The pafies further agree that the � aSe�}' rend�erin8 aid/assistance may request � s reimMasement for any expenditure of goods or services directly from the Persons, Pm�ties, or � compsny involved in,causing,or r�sponsible for,the incident at the sole discretion of the agency t � rend�ing aid or assistance. The agency rendezing aid/assistance for emergency medical fi > services that requires transport service may request reimbursement for the tran.sport service from E the petient The aB�Y �8 service will handle insurance claims and ooliection in � � accordance with their policies and procedures and shall be in accordance with t�latest Federal � Medic�re guidelines,if applicsble. � F If die r�ring agency invoices tl�e responsible party for the incident for reimbiasement E � of the goods and services pmvided,a copy of such invoice shall be forwat�ded to the reque.sting a8en�'as a matter of courtesy,Provided however that the parties will not be required to provide t copies of traasport fee iavoices to the other party and sl�all not otherwise use or disclose � Protecbed Health Information ("PHI") or Electronic Protscted Health Information ("e-PHP') � exc,ept as permitted by the Health Insurance Portability and Accountability Act("HIPAA'�, the � �5��P�'��8��,and any other applicable laws�d regulations,all as may be � � amended from time to time. � k Section 4. Ability to Respond: Each pariy may refvse to respond to a request far f 4 aid/assistance in the event it does not have the required equipment or manpower available or i� in its sole lud8me�, comPliance with the request would 'eo � � pardiz.e the protection of its own f jurisdiction or personnel. Notwitbstanding anything herein t�at may be con.stnsed to the � contrar�',the P�rties�derstand a�d agree that it is not the iatention of the pa�ies to subs�idize the ` � normal day-to-day operations or shortages in sta�ng or equipment of the other party and that the mutual assistanceJautomatic aid provided herein is iatended to be mutual in nature. { Section 5. Primary Firi Reacae Reaponse: The Village shall respond as the primary � fire rescue and ' ��S�Y m�ical servicesftransport provider within the fo�geographical areas outlined in blue on th�e map attached hereto as EzLibit 1 and incorporated herein. The Village � shall pmvide within said a�+eas primaty fire-rescu�e response including, but not Iimited to, Sre � suppr�°n, ��, a�d emergencY medical services/transport. The Village shall maintai.n ; sufficient personnel and equipment to provide in said azeas the same or equivalent types and � � levels of fire re.scue services as was proylded by the Co�mty°s Station 11 prior to the ; commencement of tl�e Village's primary fire-rescue services to these areas, wluch services � commenced on October 1, 2009 pursuant to the First Amendme� to the Emergency Services � 3 � � Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services between the parties datod September 22,2009. Notwithstanding anything to the contraiy,the provisions of Section 4 of Article I of this A�ement shall not be applicable to the services provided by the Village under this Section 5. Tl� Village's obli�ations hereunder ta provide primary f re-rescue response as set fordi in this Section 5 are in addition to the Village's obligations to provide mulual assistance and atrtomatic sid to the County as provided for in this Agrcement. ��'8�Y medical serviceshransport provided by the Village shall be goveraed by Cha�ter 13,Arhicle II,Division I,of the Palm Beach Couaty Code,and the rules and regulations pt'omulgat�ed tt�mder, all as may be amend�ed from time to time. Notwithsta�ding anything herein to the contrary, should the Village services contemplated by this Section 5 require a COPCN,then this Seetion 5 shall be contingent upon the Village obtaining and maiataining any and all su�ch required COPCNs,and ti�e Village agrees to take all necessacy actioa.s to obtain and maintain such. ARTICL.E II: COMMON DISPATCH Sectidn 1. Common Diepatch; The Village shall continue to be included vvithin the Cotmtywide Common Fire/Rescue Dispetch pi+�g�am, The Couniy (thmugh its Fire Rescue Department) will provide the necessary equipment and services to provide Common Dispatch aad related communication services for the Village as detailed herein. Each party hereby suthotizes its Fire Chief or his designce to�e;et with the other party's Fire Chief or his desigaee to develop Common Dispatch plans and procedure.s, including bud not limited to a list of necessary equipment and other operational details. These plans aad proced�mes shall be set forth in a L,etter(s) of Understaading belween the Fire Chiefs, and the Fire Chiefs are hereby autl�orized to enter into and amend such Letbe�r(s) of Underst�ding on behalf of their re.spective p�rties. The Fire Clriefs are also authorized to promulgate necessary administrative regulations and orders to implement and a�dminister these plans and procedures. The I.etter(s) of IJnderstandings shall specifically identify the Village's level of participation in the Countywide Common Dispatch program and the equipment that will be provided by the Coimty to the Village for its use in implementing the dispatch services provided by Couaty hereimder(h�ereinaf�er,the "Equipment''). The county shall maintain owneiship of all said Equipmern. 4 Section 2. V�lage Responsibilities; The Village agrees: A. To maintain a Common Dispatch letter of Understanding be�tween the paities'Fire Chiefs as discussed above. B. To adopt Palm Beach County's Fire Rescue dispatch pn�tocois. C. To review response protocols every twelve(12)months. � D. To transfer to Coimty all 911 calls received by the Village's PSAP as soon as tl�e nead for fire rescue serv�ices is identified E. To use the Equipmeat pmvided by th,e Cotmty to implemeat the dispatch services provided by the County here�md�er. F. To promptly notify the coimty if any Equipment is lost,stolen or destroyed beyond re'Pair• G. To promptly reimburse the Coimty for any Equipmeat that is lost,stolen or destroyed beyond repair. H. To promptly notify the couaty and provide the County access to all FquiPmeat r84uirin8 mainte�ce rn'repair. I. To pr�mptlY ret�rn all Equipment pz+ovided by County upon expiration or esrlier termination of this Agraement. Section 3. Coanty Responsibititie.s: i The COunty ag[+aeS: A, To receive and dispatch in a timely manner all emergency calls for fire rescue i services received from the Village's PSAP. � B. To document unit times(e.g.response time,arrival at scene)in accordance with the standards adopted by Palm Beach County Fir�Rescue. C. To provide communication support for all emergency fire rescwe incidents. � D. To provide for Village's use the Fquipmeat necessary to implement Common Dispatch services to the Village. i E. To provide maintenance and repair to dispatch related equiPment Pi'ovided to the Village by the County. ' F. To replace any Fquipment that is lost,stolen or destroyed beyond repair. � � i ; 5 , 9 a� Pin�IS 'SISH(� ��IIOIII 8 IIO �lII[l0� � O� P�IIII�iLS aQ TI��S ��T � `��aoRiPP� ''�� Y�I'3� � �� Ciaye?Pa�uan si�SaP �o s8u?pug �Cue }ttuqc�s P�e �oid uoqoadsat ��P S��im►o`J �Cq aP�qe o� saa�s a�A •aa�isap ao 3a?�� ?3 a�T[iA � �3�+ a�ueaa�m�u an�uanaid�o Sa�npaq�s aq�a�emPj� ti�+ P� `sniB.iedde asaodsai�oua8iama an�/aig �di�uud s�aSe�A io3 mB�oid a�nsaa�m� a� aSgag� II?� �1�o'J 'a�IIIA�q P��P'��II�`�nss��pue�aj�iqan Suqsodai w3 jauaos.rad saqi� �a'NN�3 a�fiA oi PaP��l il?��T�S��2I��BL�I ai�?�aA P�4-��'J �P�S,I.A�PI�/P'��'d3[�I�?�+��FI�m�mg�u anquanar�- SP�P�S,I.A�l�I jo/P��'d3i�i�P�[��Pal��f 1/�'a81a�- �il$3o uo�oo�—s��cr�e3�uq�3n�Y1i- �uaiudmba ajq�sqo-ai io3 8autns pue aisnsPse4�o uoqe�s�`BQur�,�/'s�n a&Bq�I- Smnb pne a�ns�ueq�o uot�is�sat`�sa�m.�a.L�Q ai�qoNi- .�dai pus 8ur�was `s�ua�s,�s uop�tan�o��aS P�H- al��P�P�7s/�.�U�nus�u.rad�IIa�g[�I�.L- aowaS P�'2I�IP'�I��i�'2I P��2I�.L��ua8ia�- s�sdde pue sai�iqan Paiqes�P�o�os- snieisdde p�saj�iqan�o s8utqs�am�io?.ra�m P��I�l1- sao 8anus��ua8lawa �m ��8atuisM�ua&a�ma aiqipn�- �P �i `��i �g P'��1�4�i'I- smaas�s Satuopiodard pue uo�npa�oa�e I��J/�3- ai��P�P��iu-snle.�cide`8a�mnid P��.L`s�nd au3- Pa��I��;��idas sse��iooQ/SFIa�P�.t1A- steda�a�ajdiuo�o�s�iqdea�w$aqm�d ai�tqan�a�mi�— nsdag aB�aeQ�pog_ ,��3 `si�d�P�`��taaJ`�q�J`saooQ dn-nog—.�dag aBe�eQ�Cpog- :aoinias 8a�ono�a�o�paqtomt�ou�W`SurPnI��sn�dde pa�e[ai�o p��'Sfl `�J�I'�H `�3'?I `�PPg'I `�a�'� �I� `�ds asaodsaa ,��ua&a�a anasaz�aag �d�r�d S.aBei[iA �3 =o� snedai �ua�.raiva pue snsdai palnpa��s �a�ueaaqineoa anqe�uanaid �� ilg�3�Plnard anisnioxa aq�aq il� �3�� a�, '(�doilS„ aq�se o�P�� doqs nsdai Pue a�usaa�.u�u aioiqan s�luam�BJaQ an��.n3 �CimiaJ a� q�ncu� �aag sn�e�8dde asaodsaT �ua�raiva an�saz-aig w+so s�i w3 sapr�ard �m�o�J a� �sq� sa�uuas mdai P��o3sn�p�lensn auiss aq�a�e[RA�i ol paalxa o��uno�w�s��u�,� a� °� III aI�T�' �A 3� �m �L '�2I p� ��msyli •i noq�S =�l�i�Ai�.Li�Il�'NI QI�i`'�d�tI S11.L�'dd1P' �III�'I��.L2I� Village decline to proceed with any �paratus repair ideatiSed by the County, then, notwithstanding anything in this A�reement to the conhary,the Village shall be fully and solely responsible for any liability or claims, including any third party claims and Coimty's cost of defense, arising fivm the use or operation of said apparatus, subject however,to the limitations set forth ia Florida Statute 768.28. Should ii�e Village disagrce with the extent or cost of a repair directiy relating to the safe operation of said vehicle, Village agrees to notify the County of such disagc+eement prior to the repair being made. Village shall take the affected imit out of servic;e imtil such time as fwzds become available or the unit is permanendy repla�ced. Any disagreement regarding the extent or cost of a repair azising under this provision shall be addressed in accordaace with the conflict resolution provisions in Article V,Section 25,of this Ag�reement. Section 2. Standards. All inspections aad maintenaace shall be in accordance with die following steadards aad spocifications,as they may be amended: NFPA 1071 —Standard on Emergeavcy Vehicle Teclmician(EVT) NFPA 1911 -S�d on Fire App�ratus Maintenance NFPA 1915 Fire Apparatus Preven�tive Maintenance Program Manufac�u�ers' Specifications Good principais and industry practices Section 3. Repiir�. When emeiB�Y reP� � �1�� V�Be shall immediately advise Coimty an�d anange for repair. Coimty agrees to give priority to Village emergency repairs over preventive maintenance for County and Village ve}ucles. Village shall co�act County in advance to sc�edule any noa�merS�Y��- Section 4. Preventative Maintenance. Village agrees to contact County in advance to schedule preventive maintenance of its fire-rescue appatatus in accordance with any prevemive maintenance schedules identified by the Coimty,or otherwise in accordance with any ; applicable maintenauce schedules recommended by manufachirer specifications and NFPA , standat+ds,if anY. Section S. Tnrn Aro�md Time. County will make every reasonable effort to i comPle�e repairs and maintsnance of vehicles witi�in a neasonable period of time from delivery of '` vehicle to County,dependent upon availability of perts and the extent of repairs necessary. Section 6. Wan�unty of Worl�wship. County agrees to wananty its worl�nship i on services and repairs for a period of forty-five (45) days fi+om completion of work; provided � however,that the sole remedy for a defect in County's w�orkmanship on services and repairs shall 7 ' ; be limited,at the Courty's option, to either the Courty cornecting the faulty service or repair to the extent nec�ssary and reasonably practicai,or the County reimbursing Village for the amount paid by Village to County for t�e faulty seivice or repair. Tl�Cotmty will process claims for manufacturers' parts warranfies on parts it installs on . Village vehicles, pruvidod that the Village 1�as taken all n�essar�► action to register such wananties with tl�e applicable manuffict�eis. Should such a claim be denied, for any reason or no reason, the Coimty's sole obligation shall be limited to pmvidang the Village with the aPP�P� ��denial information T'he Village shall be solely responsible for putsuing anY finther man�wairanty adion it deems approprisbe. The Village s1�all inform Cotmty in writing of the details of any watranty claim for worlm�anship or parts. In addition, as manager of the Village's maintenance program, Caimty will atso monitor repair requests and advise the Village if such repairs or patts may be covered undea wananty, Proviclod that the Village has taken all necessary action to register swch wan�anties with the applicable manufechmets. Section 7. Reporrti�mg. On a monthly basi.s, Co�mty shall provide to Village's Fire Chie�or designce,a report identifying each vehicle on which maintenance or repair service was , performed d�n'ing the coutse of the prior month, and containing a detailed listing of all p�rts installed, all services rendered, all labor hours and noting any technician observations and recommendations or wansnty matters, This report is in a�iddition to information provided on any invoice. ARTICI.E IV•FLIIVDING• Section 1. Annnat Payments for Primary I�re Rescae R�esponse by the Village: For P�Y �� services provided by the Village under Article I, Section 5 of this Ag�reement,for the Srst year of this Agi�eemeat the Couuty shail pay to the Village One Hundred. Eighty Four Thousand Dollars ($184,000). Affival funding for each subsequent fiscal year will be increa.sed by three-percent(3%) over the previous year's fimding. Annual payments sl�all be payable in four installments on October 1, January 1, April 1 and July 1 of each year. The Village shall invoice the County 30 dsys prior to esch inctallment due date, Section 2. Appustas 11�intenance and Repair: For t�e app�tus mairnenaace and repair services provided by the Couaty under Article III of this Agreement,the charges due 8 ; and payable from the Village to the Couaty shall be calculated as follows: ' A. Labor Rates. Vehicle maintenance a�d repair labor, inclvsive of all f � adminisbcative and ov�d costs with no additional charge for overhead or labor(except ; as provided in Section 2), shall be calculated based on the hourly labor rate lisbod as the � Wananty Raxe an the County's Rate Schedule for Wananty,Vehicle and Staff Charges ia ; effect at the time of service. No other billing rates included on the Cou�y's Rate ; Schedule for Wananty Vehicle and Staff Charges shall apply. The Rate Schedule and [ Wananty Rate may be annually u�dated and smended by the Coimty in its sole discretion ` (as referenced in Palm Besch Coimty Fire Rescue Operational Procedure#VIII-1). � B. A�er Hoars Cnd-Oat Emergency Repvrs. A three-hour minimum labor charge, 4 at applicable Labor Rates established in Section 2.A. above, will apply to all emergency � F : atter hours call-out i�epairs. "After hours" shail mean any time before or after t�e usual and customary business ho�n�s and days of the Shop,aad shall include,but not be limited � to, Sat�u�days, S�ays,and Cow�ty holida U n � 3's• Po �4��,the County will provide the � Village with the Shop's c�urern business hours and days, wluch may be revised by the � t W�Ty�WiIG W L4LLG. l � C. Parls aed aupplies. The Village will be charged t�e County's actual cost for all `` � patts snd supplies plus 5%. [ D. Inaarance Preminm. E�ch month the Village sball pay to the County a ; � proportionate share of the Coimty's annual premiums for garage-keepers insurance and ° r B�S��tY��re1��to fi�+e-rescue vehicle maintenaace and repair services. ` � The mornhly amouat due from the Village shall be equal to the County's annual premiums divided by the number of contracted entities receiving fire rescue vehicle ' maintenance and repair services from the County, which may change firom time to time, i � divided by twelve(12). This amount shall be adjusted by the Cotmty from time to t�me to reflect any cbange in the number of contracted e�ities receiving such services finm the Cou�y and to reflect any actual increase or dec.�rease in the Cdunty's premiums. Any � a�d alt d�acisions regarding such insurence policies shall remain within the sole discn�tion of the Couaty. ; E. I�oices. As part of the consideration for the contract price e.stablished under ; Section 1 of this Article, the first 570,000 of vehicle n�si�enance and repair seivices ` provided by the Coimty to the Village for each year of this Agraement shall be at no cost ' 9 � to the Village. Th�after,the Coimty shall iavoice the Village on a monthly basis for all service(s)provided in excess of $70,000 per year. Each invoice shall identify the velucle serviced, the labor hotu�s spent, the labor rs�e, charges for parts an�d supplies, and the moathly charge for ins�aanoe premiums, payment by the Village shall be due forty-five (45) days after the Village's receipt of a proper invoice from the County. Co�mty shall direct imroic,es to the Village's Accounts Payable Division at: Village of Tequesta Accotmts Payable 357 Tequesla Drive Tequesta,FL 33469 ARTICLE V:GENERAL CONTRAGT TERMS Section 1. Preambks: The�cts set forth in the preambles to this Agreemeat are tn�e and comect and ac+e hereby reaffirmed by the parties. SeMion 2. Represent�ative and Coatnct Monitor. The County r�prese�tive and oontract momtor during the perform�ce of this A�ent shall be the Fire Rescue Adminis�stor, whose telephone number is (561) 616-7000. Tl�e Village representative and contract monitor during the perfomoance of this Agreement shall be the Fire Chief, whose telephone number is(561)768-0550. Section 3. Employee l�nctions: No �nployee of either party to this Agreemenx s,ha11 perform any function, or sezvice which is not within the employee's scope of duties as defined or de�termined by the employee's employer. Section 4. Employce Claims,Benefits,etc,: No employee,officer,or agent of either party shall, in connection with this Agreeme�nt or the perfoimnnce of services and fimctions herevnder, have a right to or claim any pension, workers' compensation, unemployment compensatioq civil service, or other employce rights, privileges, or benefits granted by operation of law or otherwise except thmugh and against the entity by whom they are employed. No employee of eitl�er pariy shall be deemed the employee of the other, for any P��,�S�P�ormaace of services hereunder. Section S. No.Assnmption of Liability: Neither parly to this Ag�eement nor their respective officers or employee.s shall be deemed to have assumed aay liability for tt�e negligent or wrongful acts or omissions of the other. Fwther,nothing herein shall be construed as a waiver of sovereign immunity. 10 Section 6. Inswsnce: Without waiving the right to sovereign immunity as provided by Section 768.28 Florida Statutes, the Village acknowledges to be self-� for General Liability with coverage limits of$200,000 per person and$300,000 per occun�ence and Automobile Liability coverage limits of$100,000 per person and$200,000 per occurnence under Florida sovereign immunity statutes; or such monetary waiver limits that may change and be set forth by the legislatin+e. In the event the V'illage maintains third-party Commercial General Liability and Business Auto Liability in lieu of exclusive reliance of self-insurance under Section 768.28 Florida S�, the Village shsll agree to maintain said insuranc� policies at limits not less tban $500,000 combined singie limit for bodily injury or property darnage. T�e Village agrees to m�aintain or to be self-instued for Worker's Compeasation 8t Employer's Liability insurance in accordance with Cbapter 440,Florida Statutes. For the duration of this Agreement, the Village agrees to maintain automobile physical dama8e insu�ance co�ering those vehicles to be servioad by the Coimty uader this Agc+aeme�, The Village's covezage s�all be primary for any damage that occurs to the Village's velucles, including aay damage while in the posse.ssion or custAdy of the Coimty. The Village h�ereby waives any and all rights of Subrogation againsrt the Coimty, its officers, employees and agents for e�ch required PoficY, except in the event the Coimty, its officers, employees or agents are negli8ent, in wlrich case subrogation against the Co�mty shall apply. When required by the insarer, or should a policy oondition not permit the Village to enter into a pre-loss agreeme�to waive subro�ation without an endorsement,then the VillaSe agrees � ��Y�e ��request th�e policy be endorsed with a Waiver of Transfer of Rights of IZecoveiy Against Others, or its equivalent This Waiver of Subrogation requirement shall not apply to any policy which a condition to the policy specifically prolubits such�endorsement,or voids coverage should the Village enter into such an ag�+eemeat on a pre-loss basis. When requested,the Village shall agree to provide an affidavit or Certificate of Insurance evidencing insiusnoe, self-;n�,�+,�p and/or sovereign immunity status,which County agrees to reco�ize as acceptable for the above me�ioned coverages. Compliance wit�the foregoing requireme�ts shall not relieve the Village of ii� liability and obligations under�is Agr�ment i Section 7. Effective Date�nd Term: This Agreement shall become effective October 1,2012 and continue for a term of ten (10)years,unless sooner tenminated as provided � i �� ; ; ; herein. Section 8. Notice of Termmatioa: This Agreement may be terminate�by either party,with or without cause,u�on ninetY(90)daYs written notice to the o�party. Section 9. Aasig�nment of Ri�t�: Neither party shall assigq t�ransfer or convey, ia whole or in part,its rights,duties,or obligations without the prior written consent of the other. Section 10. Mod.ificition and Amendment: No modificatian, ame�, or alteration in the terms or conditions of this Agreemeat shall be effective unless contain�ed in a written docwnent executed with t�e same formality and equality of dignity herewith. Section 11. Equsl UPPo�h': The Coimty and Village each wanants and represents that all of its employees are treated equallY durin8 emPloyment without regard to race, color,reli8ion,disability,sex,age,national ori8in,ances�Y,marital status,familial sta�.s,sext�al orie�ation, or gender ideaGity or expressian; and that ao person shall, ba,sed on any of said gioun�ds,be excluded from the benefits of,or be subject to any form of discrimination uader,any activity cartied out in the performance of this Ag�eement Section 12. Annaal Appropriations: Each parly's performance aad obligations un�der t�is Agc�ement are contingent upon an annual budge�taty appropriation by its respective goveming body for the purposes hereunder for each fiscal year. Section 13. Records; a. Both paties shall maintain alt records relating to t�e services performed under this Ag�eement in acx�rd�ce with Florida's public records la.w and imtil at least three yeaz after the expiration or termination of this Agreement. The records to be mamtained under this Agreement shall include,but not be limited to,all financial and technical records a�,d reports relating to the services provided l�ere�mder. All records maintained under this Agreement shall be made available to the other party upon request and within a reasonable period of ti�e. b. Not�vithstanding anything herein to the cantraty and to extent peimitted by law, upon t�e expiration or termination of this Agreenaent, the County shall tucn over to the Village all the County's technical records d,irec,�tly relating to the County's maiatenance and repair of the Village vehicles. The Village shall be�ome the official custodian of these recards. As custodian of t�ese records,the Village shall maintain�e records in accordance with Florida's public records law and imtil at least three years aft�er expiration or termination of this Agreemeat or three yesis after the life of�e vehicle, whichever is later. The Coimty shall be entitled to 12 keep a copy of all such records. For each Village fire-rescue velricle serviced under this Agreemern, the Village shall maintain all its rocords relating to t�e operation,maintenance and repair of said velricle in accordance with Florida's public racords laws and until at least three yeazs after expiration or termination of this Agreement or three years after the life of the vehicle,whichever is later. c. Notwithsfanding anything herein to the contrary,records meeting the legal � requirem�ents for destruction and the records retention requirements set forth in this Agreement ' may be desiroyed by the custodian party provided that said PariY(i)gives the other party 30 days written notice ide�ifying all records to be destr+oyed, and (ii) makes copies of said records available upon requ�est of the other parly,which request must be received at least 1 S days prior to � the scheduled destruction date. ; d. In the event that the p�rties become involved in a le�l ciispute arising � from perfo�ance imder this Agreeme�, the p�rties shall exte�d the period of maintenance for ` i all racords relating to the Agi+eement until the finai disposition of the legal dispute, and all such ; racords shall be msde readily available to t�e parties. � i Section 14. Right to Aadit. Each pnrty, a# its own expense, shall have tt�e right to '• examins the other 's boo � P�Y 1�s, data, records amd invoices direcfly or indirectly related to this Agreeme�t upon reasonable notice, time and place, for the duta#ion of this Agreement and a � petiod of t�+ae years following its expiration or termination or, if applicable, for the life of a ! subjed vehicle or equipment,whic�hever period of time is longer. Any disagreeme�t between the ; perhies arising u�der this pmvision shall be addres.sed in accordance with the conflict resolution ; provisions in Section 25 of tlris Article. ' � Section 15. doint Preparation: The preparation of this Agreement has been a joint ,; effort of the par�ies, and the resultiag document shall not, solely or as a matLer of judicial ; constraint,be consh�ued more severely against one of the pazties than the other. � i S�tion 16. Remedies: This Agrcement shall be constcved by and governed by the , laws of the State of Florida Any aad all legal�c�ion necessary to enforce the Agraemeirt sha11 ? t be held in Palm Be�ch Coimty. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUT'ION OF ANY i LTIIGATION, EACEi PARTY I�REBY WAIVES TTS RIGHTS TO A TRIAL BY NRY IN ANY LITIGATION j R�►'re� 'ro �s AG��T. No remedy herein conferred upon any parly is intended to be j exclusive of any other remedy and e�ch and every remedy shall be cumulative and shall be in � 13 ? � i addition to every other remedy given hereu4der or now or�existing at iaw or in equity or by stat�rte or otl�erwise. No single or paztial exercise by any pariy of�any right, povwer, or remedy hereimder sball preclude any other or fiather exercise thereof. Section 17. Notice of Snits: Each party agrees to notify the oti�er of any claim, or the initiation of any legal proceeding against it, which rela#es in any m�nnet to the services Pt'ovided under this Agreemeat, including seavicing of Village vehicles or otherwise to the operation,mai�enaace and repair of said vehicles. Each party will cooperate with tt�e other in the defense of any suit or action arising out o� or related to, the services rendere� uader this Agreemcat Section 1& Notices: All written notices requii+ed under this Agreement shall be sent by oertified mail,retiun receiP�t requested,and if sent to the County shall be mailed to: Palm Be�ch Coimiy Fire Rescue Fire Rescu�e Administrator 405 P�ce R� West Palm Beach,FL 33411 and if sent to the Village shall be mailed to: Village of Tequesta Department of Fire Rescue Services Fire Chief 357 Tequesta Drive Tequesta,FL 33469 Each party may change its ad�re�ss upon notice to the other. Section 19. Captions: The captions and section designations herein set forth a� for convenience only and shall have no substaative meaaing. Section 20• F�ing: A copy of ti�is Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach Coimty. Section 21. Enforcement Costs: Any costs or expe�nses (including reasonable attomey's fces) associated with the enfarcement of the terms and conditions of this Agreement shall be borne by the respective parties;Pnovided, however,that this clause pertains only to the parties to this Ag�reemeat. Section 22. Dele�ation of Dnty: Nothing contained herein s1�all be deemed to authorize the delegation of the constitulional or statutory duties of state, coimty, or Village 14 o�cers. Se�tion 23. Sevenbitity: In the event thai any section, paragraPh, se�tence, clause, or provision hereof is held invalid by a court of oompetent jurisdiction, such holding shall aot affect the remaining portions of this Agreement and the same shall remaia in full force and effect. Section 24. Snrvivabitity: Any provision of this Agrcement that is of a oontinuing nat�u+e,or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement,shall sutvive the expiratiion or earlier teimination of this Agrcement Section 25. Contbct Reaolation: ,�ny dispute or conflict between tl� paities that arises from the provision of services under�is Agreement shall be presented in writing to the respective Fire Chiefr or their designees. The Fir�e Chiefs, or designees, shall then meet to d�Cuss t�e disp�d is�es and attempt in goal faith to resolve the dispute or conflict prior to either party initiating the intergoveramental contlict resoludion pmcess provided for by Chapter 164,Florida.S�hrtes. Section 26. No TLird Party Benefi�ries; None of the provisions of this Ag�ement shall be construed to create any third-party beneficiary or to otherwise give any enforceable rights or ben�efits to anyone other than the patties to tlris Ag�+eement Secbion 27. �e of the Eseence: The parties agc+ae that time is of the e.sseace in the performance of each ao�d every obligation�der this Agreement. Section Z8. Force Maje�tre: County shall not be d�eemed in default or breach of this Agre�ent to the extent it is unable to perforna the ve.hicle services pravided for by this Agreement,or to timely perform such,due to an event of Force Majeure. For the puzpose of this Agieement, Force Majeure shall mean and include any act of God, including severe weather cogditions or impending severe vveather conditions, accident, fire, lockout, str�ce or other Iabor dispube, riot or civil commotion, act of a public enemy, failure of hansportation facilities, enaclment, rule order or act of govemment or governmental ins�i�mentality (whether domestic or international and wl�ether federal,state or local,or the inteinational equivalent tl�ereo fl,failure of technical �cilities, or any other cause of any nattu+e whatsoever beyond the co�rol of the Coimty which was not avoidable in the exercise of reagonable care and foresight Further, the Village spacifically aclmowledges that the County shall have no liability whatsoever for any damages or injuries due to a Force Majeure. Sectian 29. Failure(s) to insist on strict performance of �y covenaut, condition, or 15 provision of this Agreement by a party, its successors and assigns, shall not be dcemed a waiver of any of its rights or remedies, nor shall it relieve the other party from pe�formiag any subsequent obligations strictly in aaArdance with the terms of ttris Ag�+eement No waiver shall be effective unless in writing and signed by the party against whom enforcement is soughk Such waiver shall be limited to provisions of this Agraement specifically refecred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a coutinuing waiver unless t�writing states otherwi.ge. Sectlon 30. Entirety of Agreemenh This Agreement represents the entire understanding of the parties and supersedes all other negotiations, repre.sentations, or agreements,either written or oral,relating to this Agreement Section 31. Office of the Inspector General: Palm Beach County has established the Office of the Inspactor General in Palm geach Coimtp Code, Section 2-421 —2-440, as may be ameaded. The Inspector General's authority include.s but is not limited to the power to retiiew Past, present and proposed Coimty contr�cts, �an.4ac�ions, accouats and racords, to raquire the production of racords,and to audit,investigate,monitor,and inspect the activities of the Village, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirem�ents and detect corruption and fraud. Failure to cooperate with the Inspec,�tor General or interfering with or impeding any investigation shall be in violation of Palm Beach Coimty Code, Section 2�21 — 2�440, and punished pursuant to Secbion 125.69, Florida Stat�rtes, in the same manner as a second degree misdemeanor. Section 32. Effective with the commencement of this Agreement on October 1,2012, the prior Emergency Services Agreement for Mutual Assistence, Automatic Aid, and Dispatch Services between the parties(dated Apri15,2005), as amended by the First Amendmeat thereto dated September 22,2009,is hereby terminated effective October 1,2012. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] 16 � _ . . IN WITNESS WH��REOF,the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year fust written above. R � � � 2 � � �3 SEP112012 ATTEST: PALM BEACH COUNTY,FLORIDA BY I'T� SHARON R BOCK, BOARD OF COUNTY COMNIISSIONERS Clerk &Comptroller ��,u,•u�"„ _=QVN T Y cQ�� - �. By � �,,' ,.,; ,By: Deputy Cl �c�'•• '`�o H�L;;. �,�� helley Vana,Ch �+�� ... �'��, APPROVED AS TO FOItN� APPROVFD AS TO TERMS AND LEGAL 5UFFICIENCY �CONDITIONS _ - , �'"� sy; ; �ttt,t-Y,��,Lt,�.L�a--- gy. 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