HomeMy WebLinkAboutResolution_02-19_01/10/2019 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 IV, 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;
Section 2 This Resolution shall become effective immediately upon passage.
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EMERGENCY SERVICES AGREEMENT FUR MUTUAL ASSISTANCE, �'
AUTOMATIC AID,DISPATCH AND FIRE VEHICLE MA.INTENANCE AND `'�A��,
REPAIR SERVICES BETWEEN PALM BEACH COUNTY AND THE � ? ,
VILLAGE OF TEQUESTA �'�P� ��l�a
o�
THIS AGREEMENT is made and entered into this day ofSEP 1 11012 , 2p12,
by and between PALM BEACH COUNTY, FLORIUA, a political subdivision af the State of
Florida{hereinafter the "County"), by and through its Boazd of Counry Commissioners and the
VILLAGE OF TEQUESTA, a Florida municipal corgoration iocattxi in Palm Beach County,
Florida(hereinafter the"Village").
W[�REAS, Section 163.01, Florida Statutes, known as the "Florida Interloca(
Cooperation Act of 1969," authorizes local govemments to make the most efficient use of their
power by ena:bling them to cooperate with other localities on a basis of mutual advantage and
thereby to provide services and facilities that will hacmonize geographic, economic, population
and other factors influencin,g the needs and development of iocal communities;and
WHEREAS, the Viilage aud County each presently maintain a fire rescue department
with fire rescue equipment, apparatus, firefighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities;and
W�EREAS, it is deemed mutually advantageaus to enter into this,A,greem�nt providing
for muivai assistance/automatic aid in times of emerg�ncy where the need created may be tao
great for either party to deal with unassist�d or where a closest unit response is a�reeable anci in
the public intezest;and
WHEREAS,the Village and County also mutually desire that the Village provide ta the
County primary fire-rescue response ta certain geographical areas, and that the County provide
to the Village certain maintenance and emergency repair services for the Village's fire-rescue
emergency response apparatus;and
NOW,'THEREFORE, in consideration of the terms and conditions set forth herein aad
the benefits followin$ from each to the other, the County and the Village do hereby agree as
follows: '
ARTICLE I: MUTUAL ASSISTANCE AND AUTOMA.TIC AID
Sectioo 1. R�qaest for Aid/Asaiatsa�ce: The County and the Village agree to
provide assistance to each other for Fire Suppression, Emergency Medical Services, and
Technical Rescue,within�terms and con,ditions set forth by this Agreement,and to formulate
automatic aid plans an�d procedures under Section 2 of this Article. The assistancelsutomaric aid
provided for by this Agreement s�hall extend to ar�as served by the patties thraugh service
a�aemarts. Emergency mutual assistance/automatic aid will be given when P�P�Y�Ne�
unless the p�rty from whom assistance is requ�sted d�eimines in accordance with Section 4 of
this Article that it is unable to respoad. The perty requesting aid and/or assisbuace shall provide
th�e following information at ths time the request is made:
a The type and quantity of equipment and/or personnel need;an�d
b. The name a�d rank of the person making the request,
All reqwests shall be directed through the countY'S eme�'SeacY oommunicaiions center.
The following officials of th�e paiticipeting p�rties are authorized to request aid a� assistan�ce
under t�is Agreement: the respective Fire Chiefs, Assistant or Deputy Chie£s, or Incident
Commanders.
Seetion 2. Command AathorHy: In the eveant of an emergency wluch requires
additional assista�ce,the Fire Chief of the jurisdiction in wlrich the incident is located,or in his
absence,the Assistant or Deputy Fire Chief or the Iacident Commander,will direct the a�ivities
at the scene where the emergency exists, but personnel responding to the call will r�nain under
the command of their own officers at all times. Each party shall retain control over its pelsomlel
and the rendition of services,standatds of performan�ce,discipline of officers and employees,and
other matters incidental to the perfarmance of services. Each party aut�ori�es its Fire Clrief or
his designee to meet with th�e oth�r party's Fu�e Cluef or his designee�d develop airtomatic aid
plans and proced�u+es,i�luding but not limited to details regarding areas to be serviced aad type
aridhfr lev�l of response, wlien the Fire Clriefs have determi.ued that"riripmved response times or
other forms of efficiency within their respective jurisdictions and/or service sreas may be
achieved. Such atrtomatic aid/closest unit response plans and procedures shall be sort forth in a
Letter(s) of Un�d�erstanding between the Fire Chiefs,and the Fire Chiefs are hereby authorized to
enter into and amend said I,�tter(s)of Unde�standing on behalf of their respective paities, The
Fire Chiefs are also authorized to promulgste necessary administrative reg�ilations and order to
implement and administer these plans and proc,edur�s.
Section 3. Remnnention: All costs associated with providing mnlual assistance and
automatic aid services wder ti�is Agreemeat shall be the responsibility of the ageacy re�dering
aid/assistance.
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� �eS f11T�d' BgI�CC 1�8� �C Ag�Cy I�'!II� 81�8SS1S�Ft]C8 IIISy PC(]U�gt E
reimbwsement for any expenditure of goods or services directiy fmm the persons, p�rties, or �
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company involved in,causing,or responsible for,ti�e incident at the sole discretion of th,e agency k
rendering aid or assistance. Th�e agency rendering aid/assistance for emergency medical fi
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servioes that require.s tisnsport service may reqwest reimbursement for the transport service from F
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the patient. Tl�e agency rendering service will handle insurance claims and ooliection in �
acco�ance with tbeir policies and procedures and shall be in a�xordance with tt�latest Federal i
Medic�re guidelines,if applicable. F
If the rende�ing age�cy invoices the responsible party for the incident for reimb�asement E
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o goods and services provided,a copy of such invoice shall be forwarded to the requesting `
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$8�Y as a matter of cointesy,Provided however that the pmties will not be required to provide t
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copies of transport fee invoices to tl�e other party and shall not otherwise use or disclose ;
Protected Health Information ("PHP') or Electronic Protected Health Infarmation ("e-PHI� f
except as permitted by the Health Ins�nance Portability aad Accountability Act("HIPAA'�, the �
����P�'��8�thereuader,and any other applicable laws and regulations,all as may be �
amen�ded from time to time. E
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Section 4. Ability to Respond: Each party may refuse to respond to a request for t
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sid/a�sistance in the event it does not have the required equipment or ma�ower available or i�
in its sole judgment, com lian�c,e with the !
P r�quest would jeopardize the protection of its own i
juri.sdiction or per9onnel. Notwiti�standing anything herein t�at may be construed to the �
��'Y��P���erstaad and agree that it is not the intention of the paities to subsidize the �
normal day-to-day operations or shortages in stat�ng or equipment of the other party and that the
mutual assist$aceJaut�moatic aid provided herein is intended to be mutuat in nature: �
Section 5. Primuy Fire Reacae Reaponse: The Village shall respond as the primary !
fire rescue and medical servic `
��B�Y esftran.Sport provider within the four geographical sreas
outlin�ed in blue on the map attached hereto as Ezhibit 1 and incorporated herein. The Village
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shall provide within said m�eas primary fire-rescue response including, but not Iimited to, fu+e
SU�PC.S.410IIs I�SCUC, 8II� CIIlei$BIICy II1CdiC81 3CIV1CeS/tl'BDSpOYt. � Vil]8gC 5�1811 main ain �
sufficient personnel and equipment to provide in sa.id areas the same or equivalent types and '
levels of fire re.scue services as was proyided by the Couaty's Station 11 prior to the !
commencement of tl�e Village's primary fire-rescue services to these areas, which services �
commenced on October 1, 2009 piasuant to the First Amendment to the Emergency Services �
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Agreement for Mutual Assistsnce, Automatic Aid, and Disp�tch Services between th�e parties
dated September 22,2009. Notwi�ding anything to the contraiy,the provisions of Section 4
of Article I of this Agreement shall not be applicable to the services provided by the Village
under this Section 5. The Village's obligations hereimder to provide primary fire-rescue
respon�e as set forth in this Section 5 are in addition to the Village's obligations to provide
mu�ual assistanoe and a�rtomatic sid to the Coimiy as provided for in this Agreemeax
��'S�Y medical services/transpo�t provided by the Village shall be governed by
Chapter 13,Article II,Division I,of the Palm Beach County Code,and the rules and i+�gulations
Promulgated thereamd�', all as may be amended 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 Section 5 shall be contingent upon the Village obtaining and maintai,ning any
and all such required COPCNs,and tt�e Village agraes to take all necessary actions to obtain and
mainffiin st�ch.
ARTICLE II: COMMON DLSPATCH
Sectidn 1. Common Diapatch: The Village shall contimie to be included within the
Co�mtywide Common Fire/Rescue Dis�etch pr�gram. The County (through its Fire Rescue
Depertment) will provide the �ry equipment and services to provide Common Dispatch
a�d related communication services for the Village as detailed herein. Each party hereby
authorizes its Fire Chief or his desig�nee to meet with the other party's Fire Chief or his desigaee
to develop Common I}ispatch pians and pmceduc+es, including but not limited to a list of
�equipment and other opeiational details. These plans and procedu�+es shall be set forth
in a Letter(s) of U�ing belween the Fire Chiefs, and the Fire Chiefs are hereby
au�Orized to enter into aad amend such Letber(s)of Understanding on behalf of their respective
parties. The Fire Chiefs are also authorized to promulgate neoessary administra�ive regulations
and orders to implement and administer tl�ese plans and procedures. The I.etter(s) of
Understsndings s�all specifically identify the Village's level of participation in the Countywide
Common Dispatch prog�am and the equipment that will be provided by the Coimty to the Village
for its use in implementing the dispatch services provided by Couirty hereimder(hereinaftcr,the
"EquiPment"). The coimty shall maintain ownecship of all said Equipment.
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Secdon 2. V71age Responsibihties;
The Village agrees:
A. To maintain a Common Dispatch letter of Understanding between the patties'Fire
Cluefs as discussed above.
B. To adopt Palm Beach County's Fire Rescue dispatch protocois.
C. To review response protocols every twelve(12)months. �
D. To transfer to Coimty all 911 calls received by th�e Village's PSAP as soon as tl�e
�eed for fire rescue servioes is ide�ified.
E. To use the Equipment ptovided by the Coimty to implement the dispatch services
provided by the Couaty he�mder.
F. To PromptlY notify the cotmty if any Equipment is lost,stolen or destroyed beyond
repair•
G. To pmmptly reimbzuse the County for any Equipment that is lost,stolen or destroyed
beYond i'epau'•
H. To promptly notify the county and provide the County access to all Equipment
re4uirin8 maintenance or repair.
I. To promptlY ret�rn all Equipment provided by County►upon expiration or earlier
termination of this Agreement
Secdon 3. Coanty Responsibi6tiea: I
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The Coimty agrees: ,
A. To receive a�d dispatch in a timely manner all emergency calls for fire rescue ":
services received from the Village's PSAP.
B. To doc�ent 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 rescue incidents. �
D. To provid�e for Village's use the Fquipment necessary to implement Common
Dispatch services to the Village.
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E. To provide maintenance and repair to dispatch r�lffied equiPmeIIt Pi'ovided to the
Village by the County. '
F. To replace any Equipment thai is lost,stolen or destroyed beyond repair. �
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ARITCLE III: APPARATUS REPAIIt AND MAINTENANCE:
Scction 1. Mamtenance aad Repana. The intent of this Article III to the
Agi+etm,ent is for Cowty to exten�d to the Village the same usual and customary meintenance and
repair 9ervices that the County provides for its own fire-rescue emergencY response aPParatus
fleet through the County Fire-Rescue Department's vehicle maintenance and repair s,hop
(J�ie�einaft�r referred to as the "Shop'�. The County shall be the exclusive pmovider for all such
preventative mainteaance, scheduled repairs and emergency repairs for the Village's princiPal
fire/rescue emerSe4c3' response apparaRus, in�cluding Eo,gines, Ladders, Rescues, Haz-Mat,
USAR and other related app�ratus,including,but not limited to the followmg service:
-BodY DamaSe Repair—Roll-uP Doors,CabinetTY�ComPartnnent4,Body Panels,
Fendeis,etc.
-Body Damage Repair —including vehicle painting or graphics to complete repair
-Windsbields/Door glass replsceme�t when broken or cracked
-Fire Pumps,Tanks and Plumtting,apparatus-mo�mted and portable
-Foam/Chemical agent eduction and proportionin8 systems
-Light bulbs aad Sxtures replacement,including emergency waming devices
-Audible�mergency warning devices
-Upholstery and interior finnishings of vehicles and app�raius
-Towing of disabled vehicles and app�s
-Emergency Tire ReFair and Replaoement,including Road Service
-Tire Replacement,per manufactiu+er/standard schedule
-Head Set communication system,s,servicin8�i'e'F�'
-Mobile Data Teiminal,installation of hardwate and wiring
-Recl�arge units/wiring,installation of hardware and wiring for re�hsrgable equipment
-ManLifachu�er Factory Recalis—coordination of all vwrk
-Emerge�cy/Unscheduled maint,enance related to NFPA and/or NEVT Standards
-Preventive maiatenance in a�ccordance with NFPA and/or NEVT Standards
Computer-ba4ed Vehicle iurA�m�.+A.,sp��Sys��be pl,ovided to Village FirelRescue
facilities personnel for reporling vehicle maiute�ance and repair issues, as n�and requestsd
by Village.
County will ma�age the maintenance program for Village's principal Srelrescue
�B�Y�� aPP�, and will coordinate the scheduling of preventahve maintenance
with the Village Fire Chief or designee. Village agrees to abide by County's daily in.specbon
ProB� and submit any findings of deficits immediately through the IBEM system.
Additionally, those reports shall be submitted to the County on a monthly basis. Should the
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village aecline to proceea with any �a�s repair iaentified by the counry, then,
notwithstanding anything in this Ag�r�nt to the contrary,the Village shall be fully and solely
resp�nsible for any liability or c]aims, including aay third party claims and County's cost of
defense, arising fmm the use or operation of said apparaius, subject however,to the limitations
set forth in Florida St�te 768.28. Should the Village disagree with the extent or cost of a repair
directly relating to the safe operation of said vehicle, Village agrees to notify the Cuunty of such
disagreement prior to the repair being made. Village shall take the affected unit out of servic,e
until such time as fimds become available or the unit is permanently replaced. Any disagreement
regarding the extent or cost of a repair arising under this provision shall be addressed in
acconlance with the conflict resolution provisions in Article V,Section 25,of this Agrcement.
Section 2. Staudarda All inspections and maintenance shall be in accordance with
�e following staadards and spocifica�ions,as they may be ameaded:
NFPA 1071 —Standm�d on Fmergen�cy Vehicle Techniciaa(EVT')
NFPA 1911 -Standard on Fire Apparatus Maintenance
NFPA 1915 Fire Apparakus Preventative Maintenance Program
Mam�.f�u�ers' Specifications
Crood principals and industry practices
Section 3. Repaira. When emei6�Y reP� � �1�� V�e shall
immediately advise Coimty a�d arrange for repair. Coimiy agrees to give priority to Village
emergency repairs over preventive nvaintenance for County and Village vehicles. Village shall
co�act Coutrty in advance to schedule any noa�erS�Y�•
Seclion 4. Preventitive Maintenance. Village agrees to contact County in advance
to schedule preventive maintenance of its fire-rescue apparatus in accordance with any
preventive mairnen�nce schedules identified by the Couaty,or otherwise in aocordance with any
applicable maintenance schedules recommeaded by manufacdn�er specifications a�d NFPA
standards,if anY• :
Section 5. Tnrn Around Time. County will make every reasonable effort to i
complebe repairs and maintensnce of vehicles within a reasonable period of time from delivery of `
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velricle to Coumy,dependent upon availability of parts and the extent of repairs necessary.
Section 6. Wamtnty of Worl�anship. County agrees to wananty its worl�anship �
on services and repairs for a period of forty-five (45) days firom completion of work; provided �
however,that the sole remedy far a defect in County's w�rkmanship on services and repairs shall
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be limited, at the Couuty's option,to either the Coimty cornecting the faulty service or repair to
the extent nec�ary and reasonably practical,or the Couaty neimb�u�sing Village for the amount
paid by Village to Coimty for the fauity service or repair.
The Coimty will process cla.ims for manufacturers' parts wmranties on parts it installs on .
Village vehicles, providod that the Village has taken all necessary action to register such
warranties with the applicable manufact�u�ers. Should such a claim be denied,for any reagon or
no reason, the County's sole oblig,ation shall be limited to proviciing the Village with the
appropriate claim and denial information. The Village shall be solely responsible for pucsuing
�Y�r���ty action it deems appropriabe.
The Village shall inform Coimt3r in writing of the details of any warranty claim for
worlananship or parts. In addition, as manager of the Village's maintenance progrsm, Coimty
will aLso monitor rep�air requests and advise the Village if such repairs or parts may be covered
undea' wa�raah', prnviaed that tt�e Village has taken all necessary action to register such
wananties with the applicable manufsct�n+ers.
Sation 7. Repor�. On a monthly ba�tis, Cownty shall provide to Village's Fire
Chie�ar designce,a report identiifying each vehicle on which mainte�ce or repair service was
. performed during the course of the prior month, and containing a detailed listing of all parts
installed, all services rendered, all lsbor hours and noting any technician observations and
recommendations or wairanty matters. This report is in�ddition to infozmation provided on any
invoice.
ARTICLE IV•FITNDING•
Section 1. Annnal Paymenta for Primary Fire Reacae Response by the Village: For
P��Y ��� �� sezvices provided by the Village under Article I, Section 5 of this
Agreement,for the first year of this Agi�eement the County shall pay to the Village One H�mdred
Eighty Four'I�usand Dollars ($184,000). Affival fimding for each subsequent fiscal year will
be increa.sed by three-pement(3%)over the previous year's funding. Annual payme�rts shall be
payable in four installments on October 1, January 1, April 1 and July 1 of each yeaz. The
Village shall invoice the County 30 days prior to each in- All,,,�t���,
Section 2. Appantos 1ltiintenance and Repair. For the app�atus mai�enance
an�d repair services provided by the County under Article III of this Agraement,the chazges due
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and payable from the Village to the Coimty shall be calcutated as follows: '
A. Labor Rites. Vehicle maintenance an,d t+epair labor, inclusive of all �
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adminisbrahve aad overhe�d costs with no additional charge for overhead or lebor(�cept ;
as prnvided in Section 2), shall be calculated based on the hourly labor rate listed as the i
Wananty Rate on the County's Rate Schedule for Wananty,Vehicle and Staff Charges in ;
effect at the time of service. No ot�er billing rates included on the Cou�y's Rate ?
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Schedule for Wuranty Vehicle and Staff Charges shall apply. The Rate Schedule and �
Wananty Rate may be annually updated aad amended by the Coimty in its sole discretion `
(as referenced in Palm Beach Coimty Fire Rescue Operational Procedure#VIII-1).
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B. At'�r Hoara Ca0-Oat Emergency Repairs. A threerhour minimum labor charge,
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at applicable Labor Rates established in Secfion 2A. above, will apply to all emergency `
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aftet hours call-out repnirs. "After hours" shall mean any time before or after tl�e usual �
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and customary business hours and days of the Shop,and shall include,but not be limit�ed �
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to, Saturdays, S�ays,and County holidays. Upon t�aquest,the Coimty wili provide the
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Village with the Shop's ciareni business hours and days, wlrich may be revised by the �
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Co�ty frOm time tU time. i
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C. Puis aed sapplies. The Village will be charged the County's actual cost for all ;
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paits a�d supplies plus 5%. �
D. Inaarance Preminm. Each mont� the Village shall pay to the County a ;
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proportionate share of the Couaty's annual premiums for garage-keepers insurance aad {
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B�e liabilit3'insurance r�lating to fire-rescue vehicle noaintenance and repair services. `
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The momhly smount due from the Village shall be equal to the Co�ty's azmual
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premiums divided by the number of contracted entities receiving fire rescue vehicle '
maintenance and repair services from the County, which may change from time to time, i
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divided by twelve(12). This amount shall be adjusted by the Cou�y from time to time
to reflect any chaage in the number of contracted entities receiving such seivices finm the
County and to reflect any sctual increase or decrease in the Cchmty's premiums. AnY
aad all decisions regarding such insiu�aace policies s�all remain within the sole discn�tion '
of the County. ;
E. I�oices. As part of the consideration for the conhact price e.stablished und�er ;
Section 1 of this Article, the first a70,000 of vehicle meintenance and repnir seivices
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provided by the County to the Village for each year of this Agreement shall be at no cost '
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to the Village. Th�after,the Cotmty shall invoice the Village on a monthly basis for all
service(s)provided in exc,ess of $70,000 per year. Each invoice shall identify th�e vehicle
servic�ed, the labor hours spent, the labor rate, charges for pffits and supplies, and the
moathly charge for ins�aance premiums. Payment by the Village s�all be due forty-five
(45) days afl�er the Village's re�eipt of a proper invoice from the County. Co�mty shall
direct im►oices to the Vi�llage's Accounts Payable Division at:
Village of Tequesta
Accowrts Payable
357 Teq�Drive
Teqi�e.sta,FL 33469
ARTICLE V:GENERAL CONTRAGT TERM.S
Section 1. Preambka: The facts set forth in the preambles to this Agreemeat are
tru�e and comecc aad are hereby reaffrmed by the parties.
Section 2. Representative and Comtrut Monitor. Th�e County represe�ative
and contract monitor dising the performa�cce of this Agreenaent shall be tl�e Fire Rescue
Adminis�ator, whose telephone n�m4ber is (561) 616-7000. The Village repr�ve and
contract monitor during the perforn�ance of this Agreement shall be the Fire Chief, whose
telephone number is(561)768-0550.
Section 3. Employee Functions: No dnployee of either party to this Agreement
s1�a11 perform any fimction, or service which is not within the employee's scope of duties as
defiaed or determined by rhe empioyee's empioyer.
Section 4. Employee Claima,Benefita,etc,: No employee,officer,or agent of
either party shall, in connection with this Agreement or the performance of services and
fimctions hereundcr, have a right to or claim any pensioq workets' compensation,
unemployment compensatioq civil s�eervice, or other employce rights, privileges, or benefits
graated by operation of law or otherwise except through aad against the entity by whom they are
employed No employee,of either party s�ha(1 be d,eemed the employee of the other, for any
P��d�8�P�ormance of services he�reuader.
Section S. No.Assamption of I.iabitity: Neither party to this Agi+eement nor their
respective officers or employees shall be deemed to have assumed any liability for the negligeat
or wrongful acts or omissions of the other. Further,nothing herein shall be construed as a waiver
of sovereign immunity.
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Section 6. Inean�nce: Without waiving the right to sovereign immunity as
provided by Section 768.28 Florida Statute.s, the Village acknowledges to be self-insiu+ed for
C�eneral Liability with coverage limits of$200,000 per person and$300,000 per ovc�urence and
Automobile Liability covtrage limits of$100,000 per peison and$200,000 per occurnence under
Florida sovereign immunity statutes; or such moneta�y waiver li.mits that may change and be set
forth by the legislatiu+e.
In the event the V'illage maintains third-party Commercial General Liability and Busin�ess
Auto Liability in lieu of exclusive reliance of self-insurance imder Secbion 768.28 Florida
Stahrtes, the Village s�all agree to maintain said insurancx policies at limits not less than
$500,000 combined single limit for bodily injury or property damage.
The Vi11aSe agi+ees to maintain or to be self-ins�ued for Worker's Compensation 8c
Employer's Liability msinance in accordance with Chapter 440,Florida Stahrtes.
For the duration of this Agroement, the Village ag�rees to maintain automobile physical
damage insurance co�ering those vehicles to be servioed by the Cotmty under this Agreement
The Village's coverage shall be primary for any damage that occurs to the Village's vehicles,
including any damage while in the posse.ssion or custody of the County.
The Village hereby waives any and all rights of Subrogation againsrt the County, its
officers, employees and ageats for each required policy, except in the event �e Couaty, its
officers, employees or agents are negligent, in which case subrogation against the Coimty shall
apply. When required by the insurer,or should a policy oondition not permit the Village to enter
into a pre-loss agneement to waive subrogation without an enaorsement,then the VillaSe agrees
ta notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of
Recovery Against Others, or its equivalent This Waiver of Subrogation requirement shall not
apply to any policy which a conditioa to the policy specifically pro}ubits such an endorsement,or
voids coverage should the Village e�er into such an agreement on a pro-loss basis.
VVhen reqvested,the Village shall agree to provide an affidavit or Ce�tificate of Insutance
evidencing insu�ce, self-insuran�ce aad/or sovereign immimity status,which County agrees to
recognize as acceptable for th�e above mentioned coverages.
Compliance with the foregoing requirements shall not relieve the V�illage of its liability
and obligations under this Agreement i
Section 7. Effective Da�e and Term: This Agrcement shall become effective �
October 1,2012 and continue for a term of ten(10)years,imless sooner teiminated as provided '
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herein.
SeMion 8. Notice of Termmation: This Agreement may be termiaated by either
pariy,with or without cause,upon ninetY(90)days written aotice to the other pariy.
Sectioa 9. Assignment of Righta: Neither party shall assigq transfer or convey, in
whole or in part,its rights,duties,or obligations without the prior written con�ent of the other.
Section 10. Modification and Amendment: No modification, amendment, or
alteration in the terms or conditions of this Ag�+eement shall be effective unless contained in a
writben document executed with ti�e same formality and equality of dignity herewith.
Section 11. Eqw�l UPPortanity. The Coimty and Village ea�ch warrants and
represents that ali of its employees are treated equally during employment without regand to ra,ce,
color,reliSion,disability,sex,age,national ori8in,aacestrY.marit�l status,familial status,sexual
orie�tion, or gender identity or expression; and �t �o person shall, b�sed on any of said
grounds,be excluded from the benefits of,or be subject to any form of discrimination under,any
activity carried out in the performance of this Agraement
Section 12. Anna�l Appropristions: Each party's performaace a� obligations
under this Agreement are contingent u�on an annual budgetary approprietion by its respective
governing body for the purposes hereunder for each fiscal year,
3ection 13. Records:
a. Both parGies shall maintain all records relating to the services performed
under this Agreemeat in acoorda�e with Florida's public records law and until at least three
year atter the expiration or termination of this Agreennent. The records to be maintained under
this Agreement shall iaclude,but not be limited to,all financial and technical reoords and r�ports
relating to the services provided h,ereamder. All records maintained under this Agreemeat shall
be made available to the other P�Y��luest and within a reasonable period of time.
b. Notwithstanding anything herein to the canh�ary and to extent permitted by
law, upon the expiration or termination of t�is Agreement, the Cowrty shall hun over to the
Village all the Coimty's technical records directly relating to the County's mai�enance and
repair of the Village vehicles. The Village shall become the offtcial custodiaa of these recards.
As custodian of these records,the Village shall maintain the records in accordaace with Florida's
public records law and imtil at least three years after expiration or termination of this Ag�+eemern
or thrce years after the life of the vehicle, whichever is later. The Coimty shsll be entifled to
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keep a copy of all such records.
For each Village fire-rescue velricle serviced under this Agreement, the Village
s11all maintain all its records relating to the operation,maintenance and repair of said vehicle in
accordaace with Florida's public records laws and until at least three yeats after expiration or
termination of this Agreement or three years after the life of the vehicle,whichever is later.
c. Notwithstanding anything herein to the contrary, records meeting the legal �
requirements for destcuction and the record.s retsntion requir�ments set forth in this Agreement �
may be des�oyed by the custodian paity provided that said Pari3'(i)Sives the other pazty 30 days
written notice ide�fying all records to be de.stroyed, and (ri) makes oopies of said records
available upcm request of the other pariy,which requ�est must be received at least 15 days prior to �
the scheduled destruction date.
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d. In the event thai the parties become involved in a legal dispute arising �
from perfo�an�ce under this Agreement, the p�rties shall exten�d the period of maintenaace for '
all records re to the �
latin8 Agreement until the final disposition of the legal dispute, and all such ;
records shall be mede resdily available to the parties. �
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Section 14. Right to Andit. Each party, at its owa expenge, sl�all have th�e right to '
examine the other 's boo �
partY ks, data, records and invoices dic�ectly or indirecrly related to this
Agre�ment upon reasonable notice, time and place, for the duration of this Agreement and a �
period of thrce years following its expiration or termination or, if applicable, for the life of a !
subject vehicle or equiPmeat,whichever period of time is longer. Any disagreement between the ;
psrties arising under this prnvision shall be addressed in accordaace with the conflict resolution ;
pmvisions in Section 25 of this Article. `
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Section 15. Joiut Preparation: The preperation of this Agreement has been a joi�
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effort of the parties, and the resulting document shall not, solely or as a matter of judicial ;
constraint,be con.gtrued more severely against one of the parties than the other. i
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Section 16. Remedie,s: This Agreement shall be construed by aad governed by the ;
laws of the State of Florida. Any aad all le�l action necessary to enforce the Agreemeat shall �
be held in Palm Be�ch Co�mty. TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTTON OF ANY i
LITIGATION, EACH PARTY F�REBY WANES TfS RIGHTS TO A TRIAL BY JURY 1N ANY LITIGATION i
x�►�u To 'tz-us AG�t►�'r. No re,medy herein conferred upon any party is inteaded to be i
exclusive of any other remedy and each a�d every remedy shall be cumulative and s�hall be in �
13 �
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addition to every other remedy given hereimder or now or he�+eaf�r existing at law or in equity
or by statute or otl�erwise. No single or paztial exercise by any pariy of�any right, power, or
remedy h�ereimder shall preclude any oth�r or fiather exercise thereof.
Section 17. Notice of Saita: Each party agrees to notify the other of any claim, or
the initiation of any legal proceeding against it, which relates in any maffier to the services
provided under this Ag�+eement, including servicing of Village vehicles or otl�erwise to the
operation,maintenance and rep�ir of said vehicles. Each party will cooperate with the other in
the defense of any suit or action arising out o� or related to, the services rendered under this
A8t'eement
Section 18. Notices: All wriften notices required under this Agreement shall be
sent by certified mail,retura neceipt requested,and if sent to the Coimty shall be mailed to:
Palm Beach Coimty Fire Resc�e
Fire Rescue Administrator
405 P�7ce Road
West Palm Be�ch,FL 33411
agd if sent to t�e Village shall be mailed to:
Village of Tequesta DepmRmeat of Fire Rescue Services
Fire Chief
357 Tequesta Drive
Tequesta,FL 33469
Each party may change its addc+ess upon notice to the other.
Se�tion 19. Captions: The captions and se�tion designations herein set forth are for
convenience only and shall have no substantive meaning.
Section 20. F�7ing: A copy of this Agrcement shall be filed with the Clerk of the
Circuit Court in and for Palm Beach Couaty.
Section 21. Enfon�ment Coets: Any costs or expenses (including reasonable
attoraey's fees) associated with the enfom,ement of the_terms and conditions of this Agreement
sball be borae by the respective p�rties; Provided,however,that this clause pertains only to the
parties to this Agreement.
Section 22. Delegxtion of Dnty: Nothing co�ained herein shall be dcemed to
authorize the delegation of the constitutional or stat�rtAry duties of state, coimty, or Village
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officers.
Section Z3. Severab�ity: In the event that any sec�iion, parag�'aPh, sentence, clause,
or provision hereof is held invalid by a court of competent jurisdiction, si�ch holding shall not
affect the ramaining portions of this Agre�ment and the same shall i�main in full force and
e�ect
Section 24. Snrvivabitity: Any provision of this Agreement that is of a contiauing
nature,or which by itg language or nature imposes an obligation or right that exten�ds beyond the
term of this Agreement,sha11 stm►ive the expiration or earlier termination of this Agreement
Section 25. Contbct ReBolation: Any dispute or conflict between the patties that
arises from the provision of services tmder this Agreement shall be presented in writing to the
respective Fire Chiefs or their designees. The Fire Chiefs, or desigaees, shall then meet to
��s � �sP� i�es and �empt in good faith to resolve the dispute or conflict prior to
either pazty initiating the intergovernmental conflict resolution process provided for by Chapter
164,Florida Stat�rtes.
Section 26. No T'hird Puty BeneSciariea; None of the provisions of this Agi+eement
shall be conshved to create any third-parly beneficiary or to otherwise give any enfom.eable
rights or beaefits to anyone other than the parties to this Agreement
Section 27. T�e of the Essence: The parties agc�ee that time is of the essence in the
performance of each an�d every obligation imd�r this Agreement.
S�ction Z8. Force Msqenre: Co�mty shall not be deemed in default or breach of this
Agreement to the extent it is unable to perform the vehicle services provided for by this
Agieement,or to timely perform setch,dne to an event of Force Majeure. For the pucpose of this
Agreement, Force Ma9eure shall mean aa�d include any act of God, includi.ng severe weather
conditions or impending severe weather conditions, accident, fire, lockout, stir�ce or other labor
dispube, riot or civil commotion, act of a public enemy, failure of transportation facilities,
enactment, rule order or act of govemment or govemmental insbmm�entality (whether domestic
or intemational and wliether federal,state or local,or the iaternational equivaient thereo fl,failure
of technical facilities, or any other cause of any nahu�e whatsoever beyond the co�trol of the
Coimty which was not avoidable in the exercise of reasonable care and foresight Fiuther, the
Village spacifically aclmowledges that the County shall have no liability whatscever for any
damages or injuries due to a Force Majeure.
Seetion 29. Failure(s) to insist on strict performance of �y covenaat, condition, or
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provision of this Agreement by a party, its successors and assigns, shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other p�rty from performing any
subsequent obligations strictty in aocordance with the terms of this A�eement No waiver shall
be effective unless in writing and signed by the party against whom enfomement is sought. Such
vv�aiver sball be limited to provisions of this Ag�+eement specifically referred to therein a�.shall
not be d,eemed a waiver of any other provisioa No waiver sball constitute a oontinuing waiver
unless the writing states otherwise.
Sect�tton 30. Entir�ty of Agreemen� This Ag�+eement represents th�e entire
und�ding of the parties and svpersed,es all other negotiatiions, repre.sentations, or
agraements,eiti�r written or oral,relating to this Agreement
Section 31. Offiice of the Inspector General: Palm Beach County has established the
Office of the Inspector General in Palm Beach County Code, Section 2-421 —2-440, as may be
ameaded. The Inspector General's aut�ority includes but is not limited to the power to review
P� P�t �P�Po� ��tY �nhac�, tcansactions, acoounts an�d records, to raquire the
pinduction of records,aad to audit,investigaCe,monitor,and inspect the activities of tl�e Village,
its officers, agents, employees, and lobbyists in order to ens�u�e compliance with conhact
requirements and detec,�t coauption and fraud.
Failure to coopecate with the Inspector General or intez�fering with or impading any
investi�ation shall be in violation of Palm Beach Coimty Caie, Sec�ion 2-421 — 2-440, and
punished pursuant to Sechion 125.69, Florida Statutes, ia the same manner as a second degiree
misdemeanor.
Section 32. Effective with the commsncement of this Agreement on October 1,2012,
the prior Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch
Services between the parties(dated Apri15,2005), as amended by the First Amendmeat thereto
dated Septeiriber 22,2009,is hereby terminated effective October 1,2012.
[REMAINDER OF PAGE LEFT BLANK INTENTIONALLY]
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, '
, IN WITNE�S V�'HEREOF,the undersigned parties have caused these presents
to be sigaed by their duly authorized officers on the day and year first written above.
R � � � 2� � � �3 SEP 1 � 2ot2
ATTEST: PALM BEACH COUNTY,FLORIDA BY ITS
S�IARON R BOCK, BOARD OF COUNTY COM113ISSIONERS
Cleclt & Comptroller ,,,,,u�,�a.�,,,...
_'qvN•1- Y _�;���,,r '
.;,�';
�Y �
By� � �����, �gy; ;
Deputy CI l� ��'•. F� � �� �� _ helley Vana,C �
,��. ��%. ;- _
1,.
�`''';p�.'' .. •''.���
APPROVED AS TO FORA� APPRO�ED AS TO TERMS AND
LEGAL SUFFiCIENCY CONDITIONS
— �
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By; ��'��L�-Y,f�,Lt,�.tT�-- gy.
County Attorney Rescue
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ATTEST: VILLAGE OF TEQUESTA
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By: �• W ` ( .�`' , �� .
� ��u���L gy� , . �
Village Clerk Mayor
APPROV�D�S TfTfQ�RM AND
LEG ,�FICIENCY'��t
By: '
�' Vi �e��torney _____.
Date: ����,a�,a ;
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RESOLUTION Date
_�,
02-19 O 1/10/2019
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Motion Council Member Vince Arena Second Council Member Laurie Brandon
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan � � �
Vice-Mayor Tom Paterno � � �
Council Member Vince Arena � � �
Council Member Laurie Brandon � � �
Council Member Kristi Johnson � � �
The Mayor thereupon declared the Resolution duly passed and adopted.
MAYOR OF TEQUESTA ATTEST:
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Abigai rennan Lori McWilliams, MMc = � EAL :D=
Village Clerk ; '�INCORPORATED� ;
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