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HomeMy WebLinkAboutResolution_35-03/04_04/08/2004• RESOLUTION N0.35-03/04 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY FIRE RESCUE, FOR MUTUAL ASSISTANCE AND MUTUAL AID, ESTABLISHING ADDITIONAL EMERGENCY SERVICES DEPTH. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY FLORIDA, AS FOLLOWS: Section 1. An Interlocal Agreement with Palm Beach County Fire Rescue attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved. THE FOREGOING RESOLUTION WAS OFFERED by Council Member '~ ~:~ r ~ ~ ~µ t.;,~. ,who moved its adoption. The motion was seconded by Council Member Vet-~ i~wGV L': ~~c`v and upon being put to a vote, the vote was • as follows: FOR ADOPTION AGAINST ADOPTION V t(~c,"yi~ dV (~~ (o ~n ~' ~GU~~Y~C.~-~ ~-~~y~~2 Fl-~-- `~,'~.~I~s~,,t,. The Mayor thereupon declared the Resolution duly passed and adopted this 8`" day of April, A.D, 2004. MAYOR OF TEQUESTA ~(~ Pat Watkins ATTEST: ~~'~ (k,.d„_ t_ ~ Mary 1Vhle ,Village Clerk .~ :~ R200~ 0835 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID • BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA MAY 0 4 2004 THIS AGREEMENT is made and entered into this day of , 2004, by and between PALM BEACH COUNTY, FLORIDA ,apolitical subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the VILLAGE OF TEQUESTA, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "Village"). WIIEREAS, each cf the parties to this Agreement presently maintains aFire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may be too great for • either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: The County and the Village agree to provide assistance to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement, and to formulate automatic aid plans and procedures under Section 3. The assistance/automatic aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is (561) 616-7008. The Village representative and contract monitor during the performance of this Agreement shall be the Chief of the Fire Rescue Department, whose • telephone number is (561) 744-4051. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative • regulations and orders to implement and administer these plans and procedures. 2 ' Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment or manpower available or if, in its • sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. 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 the employee's employer. Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their • respective officers or employees shall be deemed to have assumed any liability for the negligent or 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. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless the Village • against any actions, claims or damages arising out of County's negligence in connection with this 3 Agreement and the Village shall indemnify, defend and hold harmless the County against any actions, claims or damages arising out of the Village's negligence in connection with this Agreement. The • foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 10. Remuneration: All costs associated with providing services under this Agreement shall be the responsibility of the agency rendering aid/assistance. The parties further agree that the agency rendering aidlassistance 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 at the sole discretion of the agency rendering aid or assistance. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy. • The parties further agree that the agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. The parties will not be required to provide copies of transport fee invoices to the other P~Y• Section 11. Effective Date and Term: This Agreement shall take effect upon approval by both parties and expire on September 30, 2010, unless sooner terminated as provided herein. Section 12. Notice of Termination: Either party to this Agreement may, upon ninety (90) days prior written notice to the other, terminate this Agreement for any reason or for no reason at all. Section 13. Capital Improvement Plans: Both parties to this Agreement, on an annual • basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time 4 frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans maybe modified subsequent to submission and said plans are • subject to subsequent funding allocations and approvals. Section 14. Assignment of Rights: Neither party shall assign, transferor convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 15. 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 16. Entirety of Agreement: This Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 17. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefitting from services hereunder will be treated equally and without regard to race, • sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 18. Annual Appropriations: Each parties' performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 19. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 20. Records: Each party shall maintain all records pertaining to the services • delivered under this Agreement for a period of at least three (3) years. Each party shall maintain 5 t s , records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. • Section 21. 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 22. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 23. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 • and if sent to the Village shall be mailed to: Village of Tequesta Fire Department Fire Chief 357 Tequesta Drive Tequesta, Florida 33469 Each party may change its address upon notice to the other. Section 24. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 25. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this • agreement. 6 ~, , Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or Village officers. • Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 29. Termination of Existing Agreements The parties hereby agree that the interlocal agreement for special assistance between the parties dated January 18, 1994 (Contract No. R94-84D) shall be terminated as of the effective date of this Agreement. • Remainder of Page Left Intentionally Blank 7 ,~ IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. ~ R~00~ 0835 ATTEST: DOROTHY H. WILKEN '~NT Y Cp•,,. 1 ' ~~` gEgcy Ey: 1~,~ Deputy Cler~~`•. F-._ ~, ~~~ P : 2 ~~ ~r-; .. %,, ~~'~_ .. ... ~~„~ %` APPROVED AS TO FO~~~~~A~1D LEGAL SUFFICIENCY PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS B~~, L ~ ~- T. Marcus, Chair MAY 0 4 2004 APPROVED AS TO PERMS AND CONDITIONS By; ~tG~itK, c.~wUury County Attorney • ATTEST: By: Mar Miles, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY --- ~ 'i By: ~~~ ~ ~ ~ r ~~~.~ Scott Hawkins,Village Attorney By: ~ 7 - Fire-Rescue VILLAGE OF TEQUESTA, FLORIDA By: Pat Watkins, Mayor • H:\Mutual Aid Agreements\Tequesta\Tequesta Final - April 9, 2004.wpd 8 Fire Rescue Chief Herman W. Brice ',~:~ ~. ~~ 50 S. Military Trail, Suite ]Ol West Palm Beach, FL 3341 5-3 7 98 (561) 616-7000 www.pbcfr.org , ^ Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Tony Masilotti, Vice Chairman Jeff Koons ,vVarren H. Newell Mary McCarty Burt Aaronson Addie L. Greene County Administrator Robert Weisman ~n Equal Opportunity -motive Action Employer' punted on recycled paper June 5, 2004 James M. Weinand, Fire Chief Village of Tequesta Fire Department 357 Tequesta Drive Tequesta, Florida 33469 tax `°«..' k '<` ~+, ~VV ~y"+Vv W,~ ..,,, Re: Approval Mutual Assistance and Automatic Aid between PBC and the Village of Tequesta Dear Chief Weinand: On May 24, 2004, the Board of County Commissioners approved the Mutual Assistance and Automatic Aid Agreement with the Village of Tequesta. One executed original document is attached for your file and a copy will remain in our contract file. If you have any further questions or if I can be of further assistance, please call my office at (561) 616-7028. Sin rely, Ella Koehl li~iP7liiif~ifciilV'rr v~ri/ifytr~ Palm Beach County Fire Rescue c: Fire Rescue Contract File :ek:wpdata:pbccagenda Attachment/1 (agreement) C/Lt~~ at