HomeMy WebLinkAboutAgreement_General_7/14/2022_Palm Beach County Emergency SrvcR2022 0991
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE, AUTOMATIC AID, DISPATCH SERVICES,
AND FIRE VEHICLE MAINTENANCE AND REPAIR SERVICES
BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA
THIS AGREEMENT is made and entered into on SEP 13 2022 , by and
between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter the "County"), by and through its Board of County Commissioners and the VILLAGE OF
TEQUESTA, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the
"Village").
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into agreements
to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual
advantage and thereby to provide services and facilities in a manner that will accord best with
geographic, economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, each of the parties to this Agreement presently maintains a fire -rescue department
with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical
personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted or where a closest unit response is agreeable and in the public
interest; and
WHEREAS, the Village and County also mutually desire that the Village provide to the County
primary fire -rescue response to 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
WHEREAS, to the extent permitted by law, the County may use funding from countywide ad
valorem tax revenues for countywide common fire -rescue dispatch services (hereinafter "Countywide
Common Dispatch" or "Common Dispatch") to be offered and provided by Palm Beach County Fire
Rescue to any fire -rescue providers in Palm Beach County that desire said services from the County,
including the Village; and
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EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE, AUTOMATIC AID, DISPATCH SERVICES,
AND FIRE VEHICLE MAINTENANCE AND REPAIR SERVICES
BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA
THIS AGREEMENT is made and entered into on , by and
between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter the "County"), by and through its Board of County Commissioners and the VILLAGE OF
TEQUESTA, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the
"Village").
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into agreements
to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual
advantage and thereby to provide services and facilities in a manner that will accord best with
geographic, economic, population and other factors influencing the needs and development of local
communities; and
WHEREAS, each of the parties to this Agreement presently maintains a fire -rescue department
with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical
personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for
either party to deal with unassisted or where a closest unit response is agreeable and in the public
interest; and
WHEREAS, the Village and County also mutually desire that the Village provide to the County
primary fire -rescue response to 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
WHEREAS, to the extent permitted by law, the County may use funding from countywide ad
valorem tax revenues for countywide common fire -rescue dispatch services (hereinafter "Countywide
Common Dispatch" or "Common Dispatch") to be offered and provided by Palm Beach County Fire
Rescue to any fire -rescue providers in Palm Beach County that desire said services from the County,
including the Village; and
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WHEREAS, the Countywide Common Dispatch program provides a real and substantial benefit
to the residents and property throughout Palm Beach County, including the residents and property within
the Village. This real and substantial benefit includes, but is not limited to, the ability to implement a
closest unit response system; a more efficient deployment of mutual aid resources; enhanced emergency
and disaster coordination between service providers; a more consistent recording and tracking of
response time elements; and the ability to avoid confusion in dispatching calls received from mixed
service areas with complex jurisdictional boundaries; and
WHEREAS, the Village and County desire to enter into this Agreement as a means to further
enhance the fire -rescue services that they currently provide within their respective jurisdictions.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the
benefits following from each to the other, the County and the Village do hereby agree as follows:
ARTICLE 1: MUTUAL ASSISTANCE AND AUTOMATIC AID
Section 1. Request for Aid/Assistance: The County and the Village agree to provide
emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical
Services, and Technical Rescue, within the terms and conditions set forth by this Agreement. The
assistance/ 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 unless
the party from whom assistance is requested determines in accordance with Section 4 of this Article that
it is unable to respond. 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 County's 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. 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 or her 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,
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standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services. Each party authorizes its Fire Chief or designee to meet with the other party's
Fire Chief or designee and develop automatic aid/closest unit response plans and procedures, including
but not limited to details regarding 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. Such automatic aid/closest unit response plans and
procedures, if any, shall be set forth in a Letter(s) of Understanding. The Fire Chiefs are hereby
authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties,
consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire
Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement
and administer these plans and procedures.
Section 3. Remuneration: Except as may be otherwise specifically provided for herein,
all costs associated with providing mutual assistance and automatic aid services under this Agreement
shall be the responsibility of the party rendering aid/assistance, and neither party shall seek
reimbursement of costs associated with rendering mutual assistance and/or automatic aid services from
the other party.
The parties further agree that the party rendering aid/assistance may request reimbursement for
any expenditure of goods or services directly from the persons, parties, or company involved in, causing,
or responsible for, the incident at the sole discretion of the party rendering aid or assistance. If the party
rendering aid/assistance for emergency medical services provides transport service, then that
transporting party may request reimbursement for the transport service from the patient to the extent
permitted by law. The party rendering service will handle billing, insurance claims and collection in
accordance with their policies and procedures and any applicable laws and regulations, including the
latest Federal Medicare guidelines, if applicable.
If the rendering party 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 party as a
matter of courtesy, provided however that the parties shall not provide copies of transport fee invoices to
the other party or otherwise use or disclose Protected Health Information ("PHI") or Electronic
Protected Health Information ("e-PHI") except as permitted by the Health Insurance Portability and
Accountability Act ("HIPAA"), as amended, and the regulations promulgated thereunder (collectively
"HIPAA"), and any other applicable laws and regulations, all as may be amended from time to time.
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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. Notwithstanding anything herein that may be construed to the contrary, the parties
understand and agree that it is not the intention of the parties to subsidize the normal day-to-day
operations or shortages in staffing or equipment of the other party and that the mutual
assistance/automatic aid provided hereunder is intended to be mutual in nature.
Section 5. Primary Fire Rescue Response: The Village shall respond as the primary fire
rescue and emergency medical services/transport provider within the four geographical areas outlined in
red on the map attached hereto as Exhibit 1 and incorporated herein. The Village shall provide within
said areas primary fire -rescue response including, but not limited to, fire suppression, rescue, and
emergency medical services/transport. The Village shall maintain sufficient personnel and equipment to
provide in said areas the same or equivalent types and levels of fire rescue services as was provided by
the County's Station 11 prior to the commencement of the Village's primary fire -rescue services to these
areas, which services commenced on October 1, 2009. Notwithstanding anything to the contrary, 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. Notwithstanding anything to the contrary, the Village's obligations
hereunder to provide primary fire -rescue response as set forth in this Section 5 shall be deemed to be
specific automatic aid obligations, in addition to the Village's obligations to otherwise provide mutual
assistance and automatic aid to the County as provided for in this Agreement.
Section 6. Laws and Regulations: Services provided by either party shall be governed by all
applicable laws, rules and regulations, as they may be amended from time to time. Notwithstanding
anything herein to the contrary, should any of the services contemplated by this Agreement require a
COPCN, then the responding party agrees to take all necessary actions to obtain and maintain such.
Section 7. ISO Training: As part of the automatic aid between the parties under this Agreement,
each party shall endeavor to provide the other party with at least three hours of training opportunities,
for at least one engine company, per quarter that meet ISO requirements for automatic aid training. The
provision of training opportunities under this paragraph shall not be mandatory; however, training
opportunities that are provided from one party to another are intended to be mutual and reciprocated by
the other party with training opportunities that provide a substantially similar amount of training that
meets ISO automatic aid training criteria. In the mutual interest of promoting ISO training, each party
agrees that it shall not require or request from the other party's on -duty personnel any type of release,
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indemnification or assumption of risk agreement, acknowledgment or other statement, relating to the
ISO training provided under this paragraph, provided that such employee is identified and scheduled by
the employing party to attend the training on -duty as a part of his or her official duties with said
employing party.
Section 8. Training: Palm Beach County Fire Rescue will provide to the Village, annually:
A. In the Palm Beach County Fire Rescue Officer Development Academy, and for
individuals who meet the requirements set by Palm Beach County Fire Rescue:
1. Two seats of each rank, Lieutenant, Captain, EMS Captain and Battalion Chief;
II. Two seats in the Paramedic Development Course; and
III. Four seats in the Driver Training Course.
B. Two on -site Fire Training opportunities, the topics of which will be selected jointly by
the Fire Chiefs.
ARTICLE II: COMMON DISPATCH
Section 1. Common Dispatch: The Village is currently included within the Countywide
Common Dispatch program implemented by the County. The County (through its Fire Rescue
Department) has and will provide the necessary equipment and services to implement and provide
Common Dispatch and related communication services for the Village as detailed herein. Each party
hereby authorizes its Fire Chief or designee to meet with the other party's Fire Chief or designee to
develop and revise Common Dispatch plans and procedures, including but not limited to a list of
necessary equipment, geographical response boundaries, and other operational details. These plans and
procedures are and shall be set forth in a Letter(s) of Understanding. The Fire Chiefs are hereby
authorized to enter into and amend such Letter(s) of Understanding on behalf of their respective parties,
consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire
Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement
and administer these plans and procedures. The Letter(s) of Understanding shall specifically identify the
Village's level of participation in the Countywide Common Dispatch program and the equipment that
has been or will be provided by the County to the Village relating to the dispatch services provided by
County hereunder (hereinafter the "Equipment"). The County shall maintain ownership of all said
Equipment. The County's Countywide Common Dispatch program provided for by this Agreement
shall extend to areas to which the Village provides fire -rescue services through service agreements.
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Section 2: Village Responsibilities:
The Village agrees:
A To maintain a Common Dispatch Letter of Understanding as discussed above.
B. To adopt and maintain dispatch protocols mutually agreed upon in the Letter of
Understanding referenced in Article II, Section 1.
C. To review response protocols every twelve (12) months.
D. To transfer to County all 911 calls received by the Village's Public Service Answering
Point (PSAP) as soon as the need for fire -rescue services is identified.
E. To use the Equipment provided by the County for dispatch services provided by the
County hereunder.
F. To notify the County in writing if any Equipment is lost, stolen or destroyed beyond
repair.
G. To reimburse the County for any Equipment that is lost, stolen or destroyed beyond
repair.
H. To notify the County and provide the County access to all Equipment requiring
maintenance or repair.
I. To promptly return all Equipment provided by County upon expiration or earlier
termination of this Agreement.
J. To immediately notify the County of any necessary changes/updates to the street
addressing database.
K. To assist the County in the annual fixed asset inventory identification process.
Section 3: County Responsibilities:
The County agrees:
A. To receive and dispatch in a timely manner all emergency calls for fire -rescue 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 and established by the Countywide Level of Service Committee.
C. To provide dispatch related communication support for all emergency fire -rescue
incidents.
D. To provide for Village's use the Equipment necessary for Common Dispatch services to
the Village.
E. To provide maintenance and repair to dispatch related Equipment provided to the Village
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by the County.
F. To replace any Equipment that is lost, stolen or destroyed beyond repair.
ARTICLE III: APPARATUS REPAIR AND MAINTENANCE
Section 1. Maintenance and Repairs. The intent of this Article III is for County to extend to the
Village the same usual and customary maintenance and repair services that the County provides for its
own fire -rescue emergency response apparatus fleet through the County Fire -Rescue Department's
vehicle maintenance and repair shop (hereinafter referred to as the "Shop"). The County shall be the
exclusive provider for all such preventative maintenance, scheduled repairs and emergency repairs for
the Village's principal fire/rescue emergency response apparatus, including Engines, Ladders, Rescues,
Haz-Mat, USAR and other related apparatus, specifically excluding maintenance and repair services for:
-Body Damage Repair — Roll -up Doors, Cabinetry, Compartments, Body Panels,
Fenders, etc.
-Body Damage Repair — including vehicle painting or graphics to complete repair
-Windshields/Door glass replacement when broken or cracked
Services shall include, but not be limited to the following:
-Fire Pumps, Tanks and Plumbing, apparatus -mounted and portable
-Foam/Chemical agent education and proportioning systems
-Light bulbs and fixtures replacement, including emergency warning devices
-Audible emergency warning devices
-Upholstery and interior furnishings
-Towing of disabled emergency response apparatus
-Emergency Tire Repair and Replacement, including Road Service
-Tire Replacement, per manufacturer/standard schedule
-Head Set communication systems, servicing and repair
-Mobile Data Terminal, installation of hardware and wiring
-Recharge units/wiring, installation of hardware and wiring for re -chargeable equipment
-Manufacturer Factory Recalls — coordination of all work
-Emergency/Unscheduled maintenance related to NFPA and/or NEVT Standards
-Preventive maintenance in accordance with NFPA and/or NEVT Standards
Computer -based Vehicle Maintenance Reporting System will be provided to Village Fire/Rescue
personnel for reporting vehicle maintenance and repair issues, as needed and requested by Village.
County will manage the maintenance program for Village's principal fire/rescue emergency
response apparatus, and will coordinate the scheduling of preventative maintenance with the Village Fire
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Chief or designee. Village agrees to abide by County's daily inspection program and submit any
findings of deficits immediately through the computer -based Vehicle Maintenance Reporting System.
Additionally, those reports shall be submitted to the County on a monthly basis. Should the Village
decline to proceed with any apparatus repair identified by the County, then, notwithstanding anything in
this Agreement to the contrary, the Village shall be fully and solely responsible for any liability or
claims, including any third party claims and County's cost of defense, arising from the use or operation
of said apparatus, subject however, to the limitations set forth in Florida Statute 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 County of such disagreement prior to the repair being made. Village shall
take the affected unit out of service until such time as funds 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 accordance with the conflict resolution provisions in Article V, Section 28, of this
Agreement.
Section 2. Standards. All inspections and maintenance shall be in accordance with the
following standards and specifications, as they may be amended:
NFPA 1071 — Standard on Emergency Vehicle Technician (EVT)
NFPA 1911 - Standard on Fire Apparatus Maintenance
Manufacturers' Specifications
Good principals and industry practices
Section 3. Repairs. When emergency repairs are required, Village shall immediately
advise County and arrange for repair. County agrees to give priority to Village emergency repairs over
preventive maintenance for County and Village vehicles. Village shall contact County in advance to
schedule any non -emergency repairs.
Section 4. Preventative Maintenance. Village agrees to contact County in advance to
schedule preventive maintenance of its fire -rescue apparatus in accordance with any preventive
maintenance schedules identified by the County, or otherwise in accordance with any applicable
maintenance schedules recommended by manufacturer specifications and NFPA standards, if any.
Section 5. Turn Around Time. County will make every reasonable effort to complete
repairs and maintenance of vehicles within a reasonable period of time from delivery of vehicle to
County, dependent upon availability of parts and the extent of repairs necessary.
Section 6. Warranty of Workmanship. County agrees to warranty its workmanship on
services and repairs for a period of forty-five (45) days from completion of work; provided however,
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that the sole remedy for a defect in County's workmanship on services and repairs shall be limited, at
the County's option, to either the County correcting the faulty service or repair to the extent necessary
and reasonably practical, or the County reimbursing Village for the amount paid by Village to County
for the faulty service or repair.
The County will process claims for manufacturers' parts warranties on parts it installs on Village
vehicles, provided that the Village has taken all necessary action to register such warranties with the
applicable manufacturers. Should such a claim be denied, for any reason or no reason, the County's sole
obligation shall be limited to providing the Village with the appropriate claim and denial information.
The Village shall be solely responsible for pursuing any further manufacturer warranty action it deems
appropriate.
The Village shall inform County in writing of the details of any warranty claim for workmanship
or parts. In addition, as manager of the Village's maintenance program, County will also monitor repair
requests and advise the Village if such repairs or parts may be covered under warranty, provided that the
Village has taken all necessary action to register such warranties with the applicable manufacturers.
Section 7. Reporting. Upon request, County shall provide to Village's Fire Chief, or
designee, a report identifying each vehicle on which maintenance 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 labor hours and noting any technician observations and recommendations or warranty
matters. This report is in addition to information provided on any invoice.
Section 8. Fleet Connectivity Modules: The County is authorized, at its option and sole
discretion, to install fleet connectivity modules on County maintained Village vehicles and/or apparatus.
The Village shall reimburse the County, within 30 days of being invoiced, for the associated monthly
service charges of $25.00 per vehicle and/or apparatus. All such equipment shall remain the property of
the County, and shall be returned to the County by the Village within 10 days of the expiration or
termination of the Agreement or any sooner time that a Village vehicle and/or apparatus is no longer
maintained by the County; provided, however, that the County shall have the right and option to remove
the equipment sooner at any time for any reason. The Village hereby authorizes and approves the
download of information automatically, and on -demand by the County, via the modules and into the
County's Fire Rescue Fleet computer based Vehicle Maintenance Reporting System.
Section 9. Vehicle Transportation: -The Village agrees to be responsible for transportation of
Village vehicles to and from the Shop as well as transportation of Village vehicles to and from offsite
commercial vendor locations when required.
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ARTICLE IV: FUNDING:
Section 1. Annual Payments for Primary Fire Rescue Response by the Village: For
primary fire rescue response services provided by the Village under Article I, Section 5 of this
Agreement, the County shall pay to the Village Two Hundred Forty Nine Thousand Seven Hundred and
Ninety Dollars ($249,790) per year. Commencing on October 1, 2024 and for each subsequent fiscal
year, annual payments will be increased by two percent (2%) over the previous year's payment. Annual
payments shall 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 days prior to each installment due date.
Section 2. Apparatus Maintenance and Repair: For the apparatus maintenance and
repair services provided by the County under Article III of this Agreement, the charges due and payable
from the Village to the County shall be calculated as follows:
A. Labor Rates. Vehicle maintenance and repair labor, inclusive of all administrative and
overhead costs with no additional charge for overhead or labor (except as provided in Section 2),
shall be calculated based on the hourly labor rate listed as the Warranty Rate on the County's
Rate Schedule for Warranty, Vehicle and Staff Charges in effect at the time of service. No other
billing rates included on the County's Rate Schedule for Warranty Vehicle and Staff Charges
shall apply. The Rate Schedule and Warranty Rate may be annually updated and amended by
the County in its sole discretion (as referenced in Palm Beach County Fire Rescue PPM FR-F-
307).
B. After Hours Call -Out Emergency Repairs. A three-hour minimum labor charge, at
applicable Labor Rates established in Section 2.A. above, will apply to all emergency after hours
call -out repairs. "After hours" shall mean any time before or after the usual and customary
business hours and days of the Shop, and shall include, but not be limited to, Saturdays, Sundays,
and County holidays. Upon request, the County will provide the Village with the Shop's current
business hours and days, which may be revised by the County from time to time.
C. Parts and supplies. The Village will be charged the County's actual cost for all parts and
supplies plus 5%.
D. Insurance Premium. Each month the Village shall pay to the County a proportionate
share of the County's annual premiums for garage -keepers insurance and garage liability
insurance relating to fire -rescue vehicle maintenance and repair services. The monthly amount
due from the Village shall be equal to the County's annual premiums divided by the number of
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contracted entities receiving fire rescue vehicle maintenance and repair services from the
County, which may change from time to time, divided by twelve (12). This amount shall be
adjusted by the County from time to time to reflect any change in the number of contracted
entities receiving such services from the County and to reflect any actual increase or decrease in
the County's premiums. Any and all decisions regarding such insurance policies shall remain
within the sole discretion of the County.
E. Invoices. As part of the consideration for the contract price established under Section 1 of
this Article, the first $70,000 of vehicle maintenance and repair services provided by the County
to the Village for each year of this Agreement shall be at no cost to the Village. Thereafter, the
County shall invoice the Village on a monthly basis for all service(s) provided in excess of
$70,000 per year. Each invoice shall identify the vehicle serviced, the labor hours spent, the
labor rate, charges for parts and supplies, and the monthly charge for insurance premiums.
Payment by the Village shall be due forty-five (45) days after the Village's receipt of a proper
invoice from the County. County shall direct invoices to the Village's Accounts Payable
Division at:
Village of Tequesta
Accounts Payable
357 Tequesta Drive
Tequesta, FL 33469
ARTICLE V: GENERAL CONTRACT TERMS
Section 1. Preambles: The facts set forth in the preambles to this Agreement are true and
correct and are hereby reaffirmed by the parties.
Section 2. Representative and Contract Monitor: The County representative and
contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator,
whose telephone number is (561) 616-7001. The Village representative and contract monitor during the
performance of this Agreement shall be the Fire Chief, whose telephone number is (561) 768-0550.
Section 3. 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 4. Relationship of Employee.: 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
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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, whatsoever. Neither party is authorized to make or enter into
any contract, agreement, or warranty for or on behalf of the other, unless the parties to this Agreement
have entered into a written agreement expressly authorizing such.
Section 5. 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.
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, except as may be otherwise provided for in this Agreement.
Section 6. Insurance: Without waiving the right to sovereign immunity as provided by
Section 768.28 Florida Statutes, the Village represents to be self -insured with coverage subject to the
limitations of the Statute, as may be amended.
In the event the Village maintains third -party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self-insurance under Section 768.28 Florida Statutes, the Village
shall agree to maintain said insurance policies at limits not less than $1,000,000 combined single limit
for bodily injury or property damage.
The Village agrees to maintain or to be self -insured for Worker's Compensation & Employer's
Liability insurance in accordance with Chapter 440, Florida Statutes.
For the duration of this Agreement, the Village agrees to maintain automobile physical damage
insurance covering those vehicles to be serviced by the County 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 possession or custody of the County.
The Village hereby waives any and all rights of Subrogation against the County, its officers,
employees and agents for each required policy, except in the event the County, its officers, employees or
agents are negligent, in which case subrogation against the County shall apply. When required by the
insurer, or should a policy condition not permit the Village to enter into a pre -loss agreement to waive
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subrogation without an endorsement, then the Village agrees to 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 condition to the policy
specifically prohibits such an endorsement, or voids coverage should the Village enter into such an
agreement on a pre -loss basis.
When requested, the Village shall agree to provide an affidavit or Certificate of Insurance
evidencing insurance, self-insurance and/or sovereign immunity status, which County agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve the Village of its liability and
obligations under this Agreement.
Section 7. 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
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. The provisions of this section shall survive the termination or expiration of this Agreement.
Section 8. Effective Date and Term: The term of this Agreement is for five (5) years and
shall commence on October 1, 2022, through September 30, 2027, unless sooner terminated as provided
herein.
Section 9. 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 10. Capital Improvement Plans: On an annual basis, the Village shall provide the
County with Capital Improvement Plans indicating projected location(s) and anticipated time frames for
construction of future fire stations within its jurisdictions and/or service area. It is understood that these
plans may be modified subsequent to submission and said plans are subject to subsequent funding
allocations and approvals.
Section 11. Assignment of Rights: Neither party shall assign, transfer or convey, in whole
or in part, its rights, duties, or obligations without the prior written consent of the other.
Section 12. Modification and Amendment: No modification, amendment, or alteration in
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 13 of 19
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 13. Entirety of Agreement: This Agreement, and any Letter(s) of Understanding
entered into between the Fire Chiefs as authorized in this Agreement, represent the entire understanding
of the parties and, except as provided in Section 30 hereunder, supersedes all other negotiations,
representations, or agreements, either written or oral, relating to this Agreement. This Agreement shall
inure to the benefit of, and be binding upon, the parties, and their respective assigns and
successors in interest.
Section 14. Nondiscrimination: The County is committed to assuring equal opportunity in
the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach
County Resolution R2017-1770, as may be amended, the Village warrants and represents that
throughout the term of the Agreement, including any renewals thereof, if applicable, all of its employees
are treated equally during employment without regard to race, color, religion, disability, sex, age,
national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression,
or genetic information. Failure to meet this requirement shall be considered default of the Agreement.
Section 15. Annual Appropriations: Each party's performance and obligation under this
Agreement is contingent upon an annual budgetary appropriation by its respective governing body for
the purposes hereunder.
Section 16. Remedies: This Agreement shall be governed by the laws of the State of
Florida. Any and all legal action necessary to enforce the Agreement will be held in a court of
competent jurisdiction located in Palm Beach County, Florida. 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, 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 17. Records: Each party shall maintain all records pertaining to the services
delivered under this Agreement for a period of at least five (5) years, or, if applicable, for five (5) years
after the life of a subject vehicle or equipment, whichever period of time is longer. Each party shall
maintain, and make available to the other party at no cost, upon request, and within a reasonable period
of time all records associated with this Agreement, including, but not limited to, all accounts, financial
and technical records, research or reports, in accordance with Florida law.
Notwithstanding anything herein to the contrary and to extent permitted by law, upon the
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 14 of 19
expiration or termination of this Agreement, the County shall turn over to the Village all the County's
technical records directly relating to the County's maintenance and repair of the Village vehicles. The
Village shall become the official custodian of these records. As custodian of these records, the Village
shall maintain the records in accordance with Florida's public records law and until at least five (5)
years after expiration or termination of this Agreement or five (5) years after the life of the vehicle,
whichever is later. The County shall be entitled to keep a copy of all such records.
To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the
public domain or not previously known, and all information and data obtained, developed, or supplied
by the County or at its expense will be kept confidential by the Village and will not be disclosed to any
other party, directly or indirectly, without the County's prior written consent unless required by a lawful
court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or
purchased, under this Agreement for or at the County's expense shall be and remain the County's
property and may be reproduced and reused at the discretion of the County.
All covenants, agreements, representations and warranties made herein, or otherwise made in
writing by any party pursuant hereto, including but not limited to any representations made herein
relating to disclosure or ownership of documents, shall survive the execution and delivery of this
Agreement and the consummation of the transactions contemplated hereby.
Section 18. Palm Beach County Office of the Inspector General Audit Requirements:
Palm Beach County has established the Office of the Inspector General in Palm Beach County Code,
Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to
review past, present and proposed County contracts, transactions, accounts and records. The Inspector
General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect
the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure
compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the
Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach
County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the
same manner as a second degree misdemeanor.
Section 19. 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 20. 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 services provided by the
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 15 of 19
other party. Each party will cooperate with the other in the defense of any suit or action arising out of,
or related to, the services rendered under this Agreement.
Section 21. Notices: All notices, consents, approvals, and elections (collectively,
"notices") to be given or delivered by or to any party hereunder shall be in writing and shall be (as
elected by the party giving such notice) hand delivered by messenger, courier service, or national
overnight delivery service, telecopied or faxed, or alternatively shall be sent by United States Certified
Mail, with Return -Receipt Requested. The effective date of any notice shall be the date of delivery of
the notice if by messenger, courier services, or national overnight delivery service (provided in each
case a receipt is obtained), or on the date of transmission with confirmed answer back if telecopier or fax
if transmitted before 5 P.M. on a business day and on the next business day if transmitted after 5 P.M. or
on a non -business day, or if mailed, upon the date which the return receipt is signed or delivery is
refused or the notice designated by the postal authorities as non -deliverable, as the case may be. The
parties hereby designate the following addresses as the addresses to which notices may be delivered, and
delivery to such addresses shall constitute binding notice given to such party:
(a) If to the County at:
Palm Beach County Fire Rescue
Attn: Fire Rescue Administrator
405 Pike Road
West Palm Beach, FL 33411
with a copy to:
Palm Beach County Attorney's Office
Attn: Fire Rescue Attorney
301 North Olive Avenue, Suite 601
West Palm Beach, FL 33401
Telephone 561-355-2225
Fax 561-355-4398
(b) If to the Village at:
Village of Tequesta Fire Rescue
Attn: Fire Chief
357 Tequesta Dr.
Tequesta, FL 33469
Any party may from time to time change the address to which notice under this Agreement shall be
given such party, upon three (3) days prior written notice to the other parties.
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 16 of 19
Section 22. Captions: The captions and section appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered in interpreting this
Agreement.
Section 23. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit
Court in and for Palm Beach County.
Section 24. Delegation of Duty: This Agreement is an Interlocal agreement for the provision
of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or manner
whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be
deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal
officers.
Section 25. HIPAA Compliance: All parties acknowledge and agree that their respective
fire -rescue departments are covered entities under HIPAA, as may be amended from time to time.
Should any provision of this Agreement be determined to be inconsistent with the requirements of
HIPAA, then the parties shall promptly amend such provision as necessary to comply with HIPAA.
Should the parties fail to promptly do so, then either party may terminate this Agreement upon written
notice to the other, without any recourse, penalty, or damages of any type against the terminating party
arising from such termination.
Section 26. Severability: If any term of this Agreement or the application thereof to any
person or circumstances shall be determined by a court of competent jurisdiction to be invalid or
unenforceable, the remainder of this Agreement, or the application of such term to persons or
circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby,
and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Section 27. Survivability: Any provision of this Agreement that is of a continuing nature, or
which by its language or nature imposes an obligation or right that extends beyond the term of this
Agreement, shall survive the expiration or earlier termination of this Agreement.
Section 28. Conflict Resolution: Any dispute or conflict between the parties that arises
from the provision of services under this Agreement shall be presented in writing to the respective
Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in
good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict
resolution process provided for by Chapter 164, Florida Statutes.
Section 29. No Third Party Beneficiary: No provision of this Agreement is intended to, or
shall be construed to, create any third party beneficiary or to provide any rights to any person or entity
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 17 of 19
not a party to this Agreement, including but not limited to any citizen or employees of the County and/or
Village.
Section 30. Renewal of Letters of Understanding: Notwithstanding anything herein to the
contrary, any existing duly authorized Letters of Understanding between the parties that are in effect
immediately prior to the effectiveness of this Agreement shall be deemed to be renewed and continued
upon the effectiveness of this Agreement. Said Letters of Understanding shall continue and remain in
effect until amended or rescinded as authorized hereunder.
Section 31. E-VERIFY - Employment Eligibility: Each party warrants and represents that it is
in compliance with Section 448.095, Florida Statutes, as may be amended. Each party has registered
with and uses, and shall continue to use, the E-Verify System (E-Verify.gov), to electronically verify the
employment eligibility of all newly hired employees. If either party has a good faith belief that the other
party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall
terminate this Agreement with the violating party.
Section 32. Force Majeure: County shall not be deemed in default or in breach of this
Agreement to the extent it is unable to perform due to an event of Force Majeure. For the purpose of this
Agreement, Force Majeure shall mean and include any strike, lockout, civil commotion, war -like
operation, natural disaster, invasion, rebellion, pandemic, military power, sabotage, government
regulations or controls over which County has no amendatory powers, inability to obtain any material,
utilities, service or financing, through Acts of God or other cause beyond the reasonable control of the
County. Furthermore, the Village specifically acknowledges that the County shall have no
liability whatsoever for any damages or injuries due to a Force Majeure.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 18 of 19
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by
their duly authorized officers on the day and year first written above.
ATTEST: R 2 0 2 2' 0 9 91 SEP 13 2022
JOSEPH A4�TZZO PALM BEACH COUNTY, a political
�... , K�
CLER1�,�� TIWK , CUIT subdivision oft tat of Florida
COIICO1Vi 1OLLER
e
COUNTY :cn
Lo
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
?�� 41�1")4��—
County Attorney
AT
By: ajl Loc. I
Lori McWilliams, MMC, Village Clerk
APPROVED AS TO
LEGAL SUFFI
LN
Robert S\Weinroth, Mayor
APPROVED AS TO TERMS AND
CONDITIONS
By: /;,I/
Fire- escue
VILLAGE OF TEQUESTA, FLORIDA
By:
Molly Young ay
CONDITIONS
By:
es B. Trube, Fire Chief
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 19 of 19
IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by
their duly authorized officers on the day and year first written above.
ATTEST:
JOSEPH ABRUZZO
CLERK OF THE CIRCUIT
COURT & COMPTROLLER
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Attorney
PALM BEACH COUNTY, a political
subdivision of the State of Florida
I0
Robert S. Weinroth, Mayor
APPROVED AS TO TERMS AND
CONDITIONS
go
Fire -Rescue
ATTEST: VILLAGE OF TEQUESTA, FLORIDA
SEAL �=
:INCORPORATED;
Lori McWilliams, MMC, Village Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENT
By:
Molly Youn or
APPROVED AS TO TERMS AND
CONDITIONS
By:
es B. Trube, Fire Chief
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / Page 19 of 19
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Agenda Jtem -#: 3S2
PALM BEACH COUNTY 6W)HifiH L010 p
BOARD OF COUNTY COMMISSIONERS
AGENDA iTEM SUMMARY
Meeting Date: September 13, 2022 1X1 Consent Regular
[ I Workshop 1 ] Public Hearing
Department: Fire Rescue
I. CECLITIVE BRIEF
Motion and Title Staff recommends motion to approvia- an Emergency Services Agreement
for Mutual Assistance, Automatic Aid, Dispatch Services, and Fire Vehicle Maintenance and
Repair Services with the Village of Tequesta ("Village"), for a period of five (5) years
commencing on October 1, 2022 through September 30, 2027.
Summary_ In an effort to enhance the provision of fire rescue services, the Board of County
Commissioners ("Board") authorized the Fire Rescue Department to provide countywide fire -
rescue dispatch and related communication services effective .tune 1, 2005. This Agreement
provides the terms and conditions under which the Fire Rescue Department will continue to
provide all the necessary equipment and services to implement and Provide Common Dispatch
and related communication services to the Village, along with providing the mechanism for
implementing mutual assistance and automatic aidiclo est unit response. The Agreement aiso
provides for the Village to remain the primary fire rescue response provider to four geographical
areas in the County's service area, and for the County to provide fire vehicle maintenance and
repair to the Village's emergency response apparatus. The Agreement further authorizes the
parties' respective fire chiefs to enter into Letters of Understanding to develop automatic
aidiclosest unit response and Common Dispatch plans and procedures. The Agreement may be
terminated by either party, upon ninety (90) days prier notice to the other party-
Cuu wide (SB)
Background and Justification: The Cour7ty currently has agreements for mutual assistance
and automatic aid with qualified municipalities for the provision of emergency services
throughout Palm Beach County, which provides an improved level of emergency services to all
residents. The Board approved the use of countywide ad -valorem tax revenue to fund
countywide fire -rescue Common Dispatch services, which is offered to any fire -rescue providers
in Pal m Beach County that desire the services. The Common Dispatch program provides a real
and substantial benefit to all residents and property within the County- The County has provided
services to the Village since 2005, and the Village has served the four geographical areas since
the closing of Station 11 in 2009-
Attachments:
Emergency Services Agreement (2)
Recommended by, ` - I(; _ - Tw.
v. ' AssTstant Kre 8,Wef Date
Approved by. -
Approved by:
II. FISCAL IMPACT ANALYSIS
A. Five Year Summary of Fiscal Impact:
Fiscal Years 2022 2023 2024
2025 2026
Capital Expenditures
_
OperatingCosts
External Revenues _249�790 25478
-59,0$2 265,080
—
Program Income (County)
_
In -bind Match(County) � 70,00(] L0,000
74,D00 70,000
NET FISCAL IMPACT 0 319 3.24,78
329,682 33�p
# ADDITIONAL FTE
POSITIONS (Cumulative) 0
Is Item Included in Proposed Budget? Yes X No
Does this item include the use: of federal funds Yes No X
Budget Account No., Fund 1300 Dept 440 Unit 4231
Object 3401
E. Recommended Sources of Funds}Summary of Fiscal Impact:
COLIPtywide Fire fescue Common Dispatch will continue to be
appropriated in the Firs;
Rescue MSTU fund with a transfer from the General Fund equal
to 79% of the cost. The
remaining 21% is funded by the Fire Rescue MSTU.
For the flirt year the County will be obligated to pay from the FirelRescue MSTU fund
$249.790 to the Village to provide fire rescue response to four geographical areas.
Annual funding for each fiscal year thereafter shall be increased by 2% over the previous
year's funding level -
In addition, each year the County shall provide fire vehicle maintenance and repair
services to the Village in an amount not -try -exceed $70,000 at no cost to the Village,
maintenance and repairs exceeding that amount will be invoiced the Village.
C_ Departmental Fiscal Review:
III. REVIEW COMMENTS
A. OFMB Fiscal andlor Contract Development and Control Comments;
MB Corr r c# DevePo t6o t d C /J
B. Legal Sufficiency
Assistant County Attorney
C, Other Department Review:
Department Director
(THIS SUMMARY IS NOT TO BE USED AS A 13ASIS FOR PAYMENT.)
page 2
R202,2 099,
EMERGUNCY SERVICES AGREEMENT
FOR .MUTUAL ASSISTANCE, AU'1'O11 ATIC AID, DISPATCH SERVICES,
AND KRL VEHICLE NWNTENANCE AND RFPArR SERVICES
BETWEEN PALM REACH COUNTYAND THE VILLAGE OF TI+ QUESTA
THIS A R.EE.MENY is made and entered into on SEP 13 202Z
by and
between PALM BEACH COLNTY, F1,0RIDA, a political subdivision of the State of Florida
(Hereinafter the "County"), by and through its Board of County Commissioners and the VILLAGF- OF
TEQUESTA, a. Florida municipal corporation located in Pala. Beach County, Florida (hereinafter the
'Tillage").
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into agreements
to make the mast efficient use of their powers by enabling them to cooperate on a basis of mutual
advantage and thereby to provide services and facilities in a manner that will accord best with
geographic, economic, population and other factors influencing the needs and devefopment of vocal
communities; arxd
WFr1 RFAS, each of the parties to this Agreement presently maintains a fire -rescue department
with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical
personnel, and tither emergency capabiIities; and
WHEREAS, it is deemed rnutuaily+ advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may he too great far
either party to deal with unassisted or where a closest unit responsc is agreeable and in the public
interest; and
WHEIUEAS, the Village and County also mutually desire that the Village provide to the County
primary fire -rescue response to certain geographical areas, and that the County provide to the Village
certain maintenance and emergency repair services for the Village's fre-rescue etner`gency° response
apparatus; and
EREA:S, to [.he extent permitted by law, the County may use hinting from countywide ad
valorera tax revenues for cotrrZty ide common fire -rescue dispatch services (hereinafter "Countywide
Common Dispatch" or "Common Dispatch") to be offered and provided fry Palm Beach County Fire
Rescue to arty fire -rescue providers in Palm Beach County that desire said services .[roan the County,
including the Village; and
Tequesta - ESA Dispatch. Mutual Assistance, Automatic Aid & Vehicle Maintenance 1 Page 1 of E9
VMERIEAS, the County -wide Common Dispatch prograrn provides a real and substantial b-ci-jefit
to the residents and property throughorit Palm Beach County, including the residents and Property within
the Village. 'I'llis reai and substantial benefit includes, but is not limited to, the ability to implement a
closest unit response -system-, a more efficient dePlOYMent of muwal aid resources
and disaster coordinationbetween lee between service ; en haticed emergency
providers, a more consistent recording and tracking of
rcsNrisc time elements; and the ability to avoid confusion in dispatching calls received Nm raixed
service areas with complex jurisdictional boandari e s ; and
WHEREAS, the Village. and County desire to catcr into this Agreement as a means to further'
enhance the fire -rescue services that they currently provide within their respective jurisdictions,
-NOW, TRERIEFORE, in consideration Of the terms and conditions set forth herein and the
benefits following from each to the other, the County and the Village do hereby agrec as follows:
ARTICLEI: MUTUAL ASSISTAN -'F A M A U TO'_N4A TIC A1 D
section 1, Request for Aid/Assistance: The County and the Village agree to provide
emergency fflutuai assistance and automatic aid to each other for Fire Suppression, 1-,rn c
. ergen y Medical
Services, and Technical Vescue. within the ternis and conditions set forth by this Agreement. The
assistance/ aid provided for by th 1 s Agreement shal I extend to areas served by the parties th ro ugh service
agreements. Emergency mutual assi-stance/Zutomatic aid will be given when properly requested unless
the Party fTOM Whom assistance is requested deterynincs in acCQFdallce with Section 4 of this Article that
it is unable to respond. The Party requesting aid midlor assistance shall provide the following
information at the time the request is rrmde:
A. The general nature, type and location of the emergency; and
Z3
B. Tile type and quantity of equipment and or personnel needed; and
C. The nanie and rank of the person i-nakin I g the request.
All requests shall be directed through the County's emergency communications center. The
following officials of the participating parties are authorized to request aid and assistance urider this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, Gr Incident Commanders.
Section 2. Command Authority. In the event of an. emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the inciclenj is i0cated, or in his or her 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 Linder the comiwnd of their own
officers at all times. Each party shall retain control over its
, personnel and the rendition of services,
Teq uesta - ESA Dispatch; Mutual Assistance, AutOrriatic Aid & Vehicle Maintenance I Page 2 of 19
standards of perfornmrice, discipline of officers and employees, and other tn=ers incidental to the
performance of services. Each party authorizes its Fire Chief or designee to meet with the other party's
Fire Chief or desr`gnec and develop automatic aid./closest unit response plans and Procedures, including
but not limited to details regarding areas to be sen iced and type and or level of response, when the Fire
Chiefs have determined that improved response times or other forms Of effiCicnCy within their respective
jurisdictions and/or service areas may be achieved. Such automatic aid/closest unit res
I . ponse plans and
procedures, if atiy, shall be set forth in a Letter(s) of Understanding. The Fire Chiefs are hereby
authorized to enter into and arnend said Lener(s) of Uaderstwiding On be -half of their respective parties,
Consistent with this Agreement aW policies and procedure.-;, if any, of the respective parties. The Fire
Chiefs are also authcrized to promulgate necessary administrative regulations and orders to implement
and adrn iaister these plans and procedures,
Section 3. Remuneration: Except as may be otherwise specifically provided for herein,
all costs associated with providing mutual assistance and automatic aid services under this Agreemerit
shall be the responsibility of the party rendering aid/assistaric-e, and neither party Shall seek
reimbursement of W,
the. othcr par
costs associated with rendering mutual assistance and/or automatic aid services from
The parties ffirther agree that the party rendering aid/assistarice may request reimbursement for
any expen d 1 ture o F goods or services dirvetl y from the persons, part i es, or company involved in, causing,
or responsible for., the incident at the sole discretion of the party rendering aid or assistance. If the party
rendering aid/assistance for emergency mtdical services provides transport service. then that
transporting party may request r6mbursernorit f6r the transport service frot-c the patient to the extent
Permitted by law. The Party rendering service will handle billing, insurance claims and Collection in
accordance with their policies and procedures and any applicable laws and regulations, including the
latest Federal Medicare guidelines, Ifapplicabie.
If the rendering pal-ty invoices the responsible PdAY for the incident for reirnbur-sement of the
goods and services provided, a cupy of such invoice shall be for -warded to the requesting party as a
Matter of courtesy, provided however that the parties shall not provide copies Of trarisport fee invoices to
the other party or otherwise: use or disclose protected Health Information ("PITI-) or EIectmnic
Protected Health Information ('e-PHI-) except as Permitted by the Health Insunancc Portability and
Accountability Act ("HIPAA"), as amended, and the regulations promulgated thereunder (collectively
"HTPAA"), and any other applicable laws and regulations, all as may be amended from time to time.
Tequesta - ESA Dispatch. Mutual Assistance, Automatic Aid & Vehicle Maintenance / Nye 3 of 19
Section 4. Ability to Respond: Fach party ma,Y refuse to respond io a request for
aid/assistance in the event it does not have the required e--qu7Pa7Glit or manpower available or if, in its
sal: judgment, compliance with the ncque',t would jeopardize the protection of its own jurisdiction Or
personnel, Notwithstanding anything herein that may be Construed to the contrary, the parties,
understand and agree that iL is not the intention of the Parties to subsidize the normal day-to-day
operations Or shortages in staffing or equipment OP the other party and that the mutual
assistance/automatic aid provided hereunder is intended to be mutual in nalure.
Section 5. Primary Fire Rescue Response: The Village shall respond as the primary fire
rescuc and einergency medical servi ces/tnan sport provider within the four geographical areas outHned in
Ted on the TnaP attached hereto as Exhibit I and incorporated herein, The Village shall provide within
said areas PlifnarY fire -rescue response including, but not limited to, fire SuPlIrcssiOn, rescue, and
emergencv medical services/transport. The Village shall maintain StIffiCiCrit personnel and equipmenf to
provide in said areas the same or equivalent types and levels of fire rescue services as was provided by
the C011MY's Station I I prior to the c0runiellucrnerit of the Village's primary r1re-rescue services to these
areas, which services c0rrJn11C11ced on 011--tober 1, 2009. Notwithstanding anything to the contrary, 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. Notwithstanding anything to the con", the Village's obligations
hereunder to pFovide Primary rTrc-rescue response as set forth in this Section 5 shall he deemed to be
specific automatic aid oblig
I igativus, in addition to the Village's obligations to otherwise provide mutual
assistance and autornatic aid to the County as provided for in this Agreement.
Z,
Section 6. Laws and Regulations: Services Provided by cithef Party shall be governed by all
applicable laws, rules and regulations, as they may be ameridcd from time to time. Notwithstanding
anything herelir, to the contrary, should any of the services contemplated by this Agreement require I
COPCN, then the responding party agrees to take all necessary actions to obtain and Maintain such.
Section 7. ISO Training: As part of the autornatic aid between the parties under this Agreernerit,
each party -shall ertdeavor to provide the other party with at least three hours of training oppoMnities,
for at least uric engine company, per quarter that meet ISO requirements for automatic aid training. T71e
Pr<)V'5'on of training opportunities under this Paragraph shall not he mandatory, however, training
Opportunities that are provided from one party to another are intended to be mutual and reciprocated by
the other party Witb training oppoktufl't'es
0 1 1 that provide a substantially similar am()Uult of training that
meets ISO automatic aid training criteria. In the MuLu,91 intereSj of promoting ISO training, each party
agrees that it shall not require or request from the other party's can -duty personnel any type of release,
Tequesta - ESA DiSPatch, Mutual Assistance, Automatic Aid &Vehicie Maintenance I Page 4 of 19
indemnification or assumption of risk agicetment, ackno-wiedgment or other statement, relating to the
ISO training Provided under this PardkTaph, provided that such employee is identified and scheduled by
the employing party to attend the training on -duty as a part of his air her official duties with said
ciliploying party.
Section S. j, I -a in i lag: bairn Beach County ]Fire Rescue will prov i de to the 'Village, annually:
A. In the Palm Beach County Fire Rescue Officer Development Academy, and for
individuals who meat the requirements set by Palm Beach County Fire Rescue:
I. Two seats of each rank, Lieutenant, Captain, EMS Captain and Battalion Chief.
11. Two seats in the Paramedic Development Course, and
III- Four seats iii the Driver Training Course,
R. Two oil -site Fire Training opportunities, the topics of which will be selected jointly by
the Fire Chiefs.
ARTICLE H- COMMON DISPATC
Section 1, Common Dispatch. The Village is currently included Within the Countywide
Common Dispatch prof rain 'MPleMCntCd by tbC COLInty. The County (ti-trough its Fire Rescue
Department) has and will provide Ihe necessary equipment and services to implement. and provide
Common Dispatch and Mated communication
services for the Village as detailed lie -rein. Bach party
hereby authorizes its Fire. Chief or designee to meet With the other party's Fire Chief or designee to
develop and revise Common Dispatch plans and procedures. including but not limited to a list of
necessary equipment, geographical response boundaries, and other operational details. These plans alid
Procedures are and shall be set forth in a Lener(s) of Understanding. The Fire Chiefs are hereby
authorized to enter into and aniend such Letter(s) of Understanding on b-thalf of their respective parties,
consistent with this Agreement and policies and procedures, if any, of the respective ptulies . I , he Fire
Chief,, are also authorized to prc)jjjLj[gajte fiecessary administrative regulations and orders, to implement
aind administcr these plans and procedures. The Letter(s) of Understanding shall Specifically identify the
Village's level of participation in the Countywide COrnm011 Dispatch program and the equipment that
has been or will be provided by the County to the Village relating to the dispatch services provided by
County hereunder (hereinafter the "Equipment"). The Coujjtyf Sh 11
a M lintain owner -ship of all said
Equipment The County's Countywide Common Dispatch program provided for by this Arl, ern e .,re int
shall extend to area to which the Village provides fare rescue services through service agreements.
Tecluesta - ESA Dispatch, Mutual Assistance, AufarriatIc Aid & Vehicle Maintananco i Page 5 of 19
Section 2. 'Village Responsibilities.
The Village agrees:
A To maintain a Common Dispsatc:h Letter of Understanding as discussed above.
B. To adopt and Ina.intain dispatch protocols mutually agreed upon in the Letter of
i Jnderstanding referenced iaa Article 11, Section 1.
C. To review response protocols every twelve (12) months.
D. To transfer to County all 911 calls received by the Village's Public Service Answering
Point (PSAP) as soon as the need for fire -rescue services is identified.
F • To use the i-€luipment provided by the County for dispatch services provided by the
County hereunder.
F. To notify the County in writing if any EgctiprneIlt is lost, stolen or destroyed beyond
repair_
C. To reirnbursc the County for any Equipment that is lost; stolen 01- destroyed beyond
repair.
H. To notify the County and provide the County access to all Equipment requiring
maintenance or repair.
1 To promptly return all Fquipment provided by County uponexpiration or earlier
termination of this Agreement,
J. To immediately notify the County of any necessary changes/updates to the street
addressing database..
K. To :assist the County in the annual fixed asset inventory identific,atior: process.
Section 3: County Responsibilities:
The County agr:
A. To receive aad dispatch in a. timely manner all emergency calls ror fire -rescue services
received from the Village's PSAP_
B. To document unit tunes (e.g. response time. arrival at scene) in accordance with the
standards adopted and established by the Countywide Level of Service Committee.
C� To provide dispatch related coMMuuication support for all emergency fire -rescue:
incidents,
D. To provide for Village-s use the Equipment necessary for C omrn<)n Dispatch services to
the Village.
E. To _provide rnainten7nc:c and repair to dispatch related Equipment provided to the Village
Tequesta - ESA Dispatch. Mutual Assistance, Automatic Aid & Vehicle Ma i ntenanoe I Page 6 of ISM
by the County,
f'. To replace any Equipment that is lost, stolen or destroyed beyond repazir.
ARTICLE LH APPARAT LiS lt1C}'A,IR AND MAINTENANCE
SeCdOTw I. Maintenance attrl Repairs. The intent of (]]is Article III is for County to extend to the
Village the same usual and customary maintenance and repair services that the County prc)vidc.s for its
owl' fire -rescue emergency response appa:ratu% fleet through the County Fire -Rescue Department's
vehicle raintenance and repair shop (hereinafter referred to as the I:Shopa:). The County shall be the
r~xch isive Provider for all such preventative maintenance. scheduled repairs and emergency repairs for
the Village's principal fire/rescue emergency response apparatus, including Engines, ladders, Rescues,
Naz-fiat, US,AR and other related appamttuu.s, specifically excluding maintenance and repair services for:
-Body Damage Repair — Roll -up Doers, Cabinetry, Compartments, Body Panels,
renders, etc.
-Body Damage Repair — including vehicle painting or graphics to complete repair
-Windshields/Door glass replacement when broken or ct-ached
Services shall include, but not be limited to the fallowing:
-Fire Pumps, Tarxlcs and Plurrihing, apparatus -mounted and portabie
-Foarn/C'hemical agent education and proportioning systerns
-Light bulbs and fixtures replacement, including emergency warning devices
-Audible emergency warning devices
-Upholstery and interior furnishings
-Towing, o� disabled emergency response apparatus
-Emergency Tire Repair and Replacement, including Road Servicc
-Tire Replac;Ment, per manufacturer/standard schedule
-Head Suet cornmun.icatiott systerns, scrvic•ing ,and repair
--Mobile Data Terminal; installation orhardware and wiring;
-Recharge uniWwiring, installation of hardwam and wiring for re -chargeable equipment
-Manufacturer Factory Recalls—cnnrd inationofall work
-Emerge cy/IinscheduIod maintenance related to NFPA and/or NEVT Standards
-Prevtntive maintenance in accordance with itiFPA and/or NEVT Standards
C:nrnputer-based Vehicle Maintenatzce Reporting System will be provided to Village fire/fescue
Personnel for reporting vehicle maintenance and repair issues, cis needed and requested by Village.
County will manage the maintenance program for Village's principal Iirefrescue emergency
,M]?Onsc apparatus} and will cwrdinate the scheduling; Of Preventative maintenance with the Village Fire
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Air/ & Vehicle Maintenanee P Fag, 7 of 19
C hicf or designee. Village agrees to abide Icy County's daily inspection program and submit any
firtd'no;s of deficits irnrnedia ely through the computer -basal Vohicie Maintenance Reporting System,
Additionally, those reports small be submitted to the County on a monthly basis. Should the Village
decline to proceed with any apparatus repair identified by the Cotanty, then, notwithstanding anything in
this Agreement to [h(-, contrary, the Village shall be fully and solely responsible for any liability or
claims, including arty third party claims and COuntv's cost of defense, arising from the use or operation
of said apparatus, subject however, to the Iirrtizations set forth in Florida Statute 768.211.. 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 County of such disagreement prior to the repair being made. Village shall
take this affected unit out of service until such time as funds become available or the unit is permanently
replaced. Any disagreement regarding the extent or cost of a repair arising under this provision stall be
addressed in accordance with the conflict .resolution Provisions in. Artiele V, Section 28, of this
Agreement.
Section 2. Standards. All inspections and maintenance shall be in accordance with the
following standards and specifications, as they may be amended:
NFPA 1071 -- Standard on Emergency Vehicle Technician (Flv'-T)
NTFPA 1911 -Standard on Fire Apparatus Maintenance
Manufacturers' Specifications
Good pr]ncipals and industry practices
Section 3. Repairs. When emergency repairs we required,. Village shall immediately
advise County and arrange for repair. County agrees to give priority to Village emergency repairs over
preVentive maintenance for County and 'Village vehicles. Village shall contact County in advance to
schedule any non-cmergencsy repairs.
Section 4. Preventative Maintenance. Village agrees to contact County in advance to
schedule pmventive maintenance of its fire -rescue apparatus in accordance with any preventive
maintenance schedules Identified by the County, or otherwise its accordance with any applicable
Maintenance schedules recommended by rnanufacturer specifications and NFPA stand.drds, if any.
Section 5. Tura Amund Time. County will make every reasonable effort to complete
repairs acid maintenance of vehicles within a reasonable period of time fmrn delivery of vehielc to
County. dependent upon availability of Parts and the extent of mpairs necessary.
Section 6. Warranty of Workmanship. County agrees to warranty its workmanship on
services and repairs for a period of party -five (45) days from completion of work; provided however,
Tequesta - ESA Dispatch, Mutuaa Assistance, Automatic Aid & Vehicfe Maintenance / page 8 of 19
that the ',Ole "elle-dy for a defect in County's workmanship or, services and repairs shall b-e limitecl, at
the Countys option, to ckher the County correcting the laulty service or repair to the extent necessary
and rea.,A)nably practical, or the County reimbursing Village for the amolirtt paid by Village to Countyfor the faulty service or repair.
The County will proocss claims for manufacturers' parts warranties on parts it installs on village
vehicles, provided that the Village has taken all necessary action to rc9lsler such warranties with the
applicable manufacturers. Should such a claim be denied. for any remon or no ruson, the County's sole
obligation shall be limittd to providing the Village with the appropriate claim and denial information..
The Village shall be SOMY responsible for pursuing any further manufacturer warranty action it deems
appropriate.
The Village shall inform County in writing ofthe details of any warranty claim for workmanship
or parts. In addition, as manager of the Village's maintenance program, County w! ij also monitor repair
requests and advise [he Village if such repairs or parts ,lay be covered under warranty, provided that the
Village has taken ail accessary action to register such warranties with the applicable manufactLaers.
Section 7. Reporting, Upon request, County shall Provide to Village's Fire Chief, or
designee, a report identifying each vehicle on which maintenance or repair service was performed
during the course of the prior month, and containing a detailed listing of all Palls installed, all services
rendered. all labor hours and not'llb, any, technician observations and recommendations err warrarity
matters. This report is in addition to information provided on any invoice.
Section 8. Fleet Connectivity Modules- The County is authorized, at its option and sole
discretion, to install [feet conncctivity modules oil County maintained Village vehicles and/or apparatu3.
The Village shall reimburse the County, within 30 days of being invoiced, fGr the associated monthly
service charges of $25.00 per vehicle and/or apparatus. All such equiptnent shall remain the property of
the [aunty, and shall bt returned to the County by thy: Villagt-, within 10 days of the expiration or
wn-nination or the Agreement or any sooner time that a Village vehicle and/or apparatus is no longer
maintained by the County; provided, however, that 1he County shall have the right and option to ren-iove
the equipment sooner at any time for any reason. The Village here -by authorizes and approves the
download of information automatically, and on -demand by the County, via the modules and into the
County's Fire Rescue Fleet computer based Vehicle Maintenance Reporting System.
Section 9. Vehicle Transportation: - The Village agrees to be responsible for transportation of
Village vehicles to and from the Shop as well as transportation Of Village vehicles to and from otrsiLe
commercial vendor locations when required.
TeqUesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / page 9 of 19
AIRTIC'LF IV: FUNIDING.
Section 1, Annual PaymIcnts for Primary Fite Rescue Response by the vili c: rcJr
primary fire resc" response services Providcd by the Village under Article 1, Section 5 of this
Agrcement, the County shall pay to the Village Two Hundred forty Dine Thousand Seven Hundred and
Ninety Dollars ($249,790) per year. Commencing on October 1, 2024 and for each subsequent fiscal
year, annual payments aril] be increascd by two percent (2%) over the previous year's payment. Annual
payments shall be payable in four installmcnt,s on October 1, January 1, April 1 arid July I of each year.
"'he Village shall invoice the County 30 days prior to each installment due date,
Section 2. Apparatus Maintenance and Repair. For the apparatus rnainLenarice and
repair Services provided by the County° under Article Ill 0f this Agreement, the charges due and payabie
from the Village to the County shall be calculated as follows:
A. ,Latkor (tares. Vehicle maintenmee and repair labor, inclusive of all administrative and
overhead costs with no additional charge for overhead or labor (except as provided in Section 2):
shall he calculated }used on the hourly labor rate listed as the Warranty Rate on the County's
Rate Schedule for Warranty, Vehicle and Staff Charges in et'fect at the time of service, No other
billing rates included oil the: County's Rate Sehcdule for Warranty Vehicle and Staff' Charges
shall apply. The hate Schedule and Warranty Rate may be allnually updated and amended by
the County in its sole discretion (as referenced in Palm Beach County Fire. (rescue PPP FR-F-
307).
H, After LIOU S Call -Out Emergency Repairs. A three; -hour minimuJn Iabor charge, at
applicable: labor Rates established in Section 2,A. above, will apply to all cmergency after hours
caIl-out repairs. "After hours" shall mean any time before or after the usual artd customary
business hours and day's of the Shop, and shall include, but not be limited to, Saturdays, Sundays,
and County holidays. Upon request, the CcJunty will provide the Village Willi the Shop's current
business hours and days, which irray be reprised by the C:ourity from time to lime.
C. Parts and supplies. The Village will be charged the County's actual east far all parts and
supplies plus 5%.
D. Insurance Premium.. Each month the Villager shall pay to the County a proportionate
share of the County's annual premiums for garage -keepers insurance and garage liability
insurance a`elating to fire -rescuer vehicle maimenan" and repair services. The monthly arnount
due from the Village shall be equal to the Counl.y+'s annual premiums divided by the number of
TegrJesta - ESA Dispartch, Mutual Assistance, Rutarnatic Aid & Vehicle Maintenance / Page 10 of 19
contracted entities receiving fire rescue vehicle maintctiance and repair services from the
County, which may change from time to time, divided by twelve (12). This amount shall be
adjusted by the County from time. to time to reflect any change in the number of contracted
entities receiving :such sertifices from the County and to reflect any actual increase or decrease in
the CoUnEy's prennums. Any and all decisions re m-diltg such insurance Nlicies shall remain
within the sole disc.retiori of the County.
E. Invoices. As part of the consideration for the contract price established under Section 1 of
this .article, ilie first, $70,000 of vehicle ream- teriance and repair services provided by the County
to the Village for each year of this .'agreement shall be at no cost to the 'Village. Thereafter, the
County shall invoice the Village on a monthly basis for all service(s) provided in excess of
$70,000 per year. Each invoice shall identify the vehicle serviced, the labor hours spent, the
labor rate, charges for parts and supplies, and the monthly charge for insurance premiums.
Payment by the Village shall be due forty-five (45) days atler the Village's receipt of a proper
111volce from the County- County shall direct invoices to the Village's ,accounts Payable
Division at:
Vi I lage of Tequesta
Accounts Pavable
357 Tequesta Drive
'I'equesta, FL 33469
ARTICLE V, GENERAL CO TRACT TERNS
Section 1. Preambles: The facts set forth in the preambles to this Agreement are true and
correct and are hereby reaffirmed by the parties.
Sectiou 2. Rep 3resentative and CO Monitor: The Cortt7ty representative and
contract monitor during the performance of this Agreement shall be the Fire Rescue Adininistmtor,
Whose telephone number is (561) 616-7001. The Village representative and contract monitor durin.g the
performance of this Agreement shall be the Fire [thief, whose telephone number is (561) 76€1-0550.
Section 3. 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
dereratined by the employee's entploy{er_
Section d. Relationship of Employee.: No employee, officer, or agent of either party shall,
in Qonnection with this Agreement or the performance of services and functions hereunder, have a right
to or claim any pension. workers' compensation, urierriployment compensation, civil service, or other
Tegiuesta -ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Malntenanoe / 1'agv 11 of E9
employee rights, priv lege.s, or benefits granted by operat'on 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, whatsoever. Neither party is authorized to make or enter into
any contract. agreement, or warrauty for or an behalf of the other, unless the parties to this Agre4-ment
.have entered into a written agreement expressly authorizing such.
Section 5. 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 ornissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity.
All the privileges and iMmunilies from liability, exemptions from law, ordinalice and
rules, and all pensions an 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 samo degree and extent to the
performance of such functions and duties extraterritorial Iv. Liability for injury to personnel, and for loss
or damage of equipment, Shall be borne by the party employing such personnel, and yawning or
Possessing such equipment, except as may be otherwise provided for in this Agrcement.
Section 6. InstirI1111 . Without waiving the right to sovereign irnrnun'it-y as provided by
Section 76$_28 Florida Statutes, the Village represents to be self-insumd with coverage subject to the
limitations of the Statute, as may he amended_.
In the event the Village maintains third -party C'.otrrtrtercial Crencral Ua.bility and Business Auto
Liability in lieu of exclusive reliance ofself-insurance under Section 768.28 Norida Statutes, the Village
shall agree to maintain said insurance policies at limits not less than $IX0,000 combined singie limit
.for bodily injury or property damage_
The: Village agrees to maintain or to be self -insured for Worker's Compensation $ Empleyer's
Liability insurance i.rl accordance with Chapter 440, Florida Statutes.
For the duration of this Agreement, the Village agrees to maintain automobile. physical damage
insurance covering these vehicles to be serviced by the County under this Agreement. The V llagCs
coverage :shall be primary for any damage that occurs to the Village's vehicles, including any damage
while in the possession or custody of the County.
The Village hereby waives any arid all rights of Subrogation against the C:oulrty, its ot0icers,
employees and agents for each required policy, except in the event the County, its officers, employees or
agents are negligent, in which case subrogatior against the County shall apply. i4'4'hen required by the
insurer, or should a policy condition not permit the Village to enter into a pre -loss agreement to waive
Tequesta - ESA Dispatch, Mrttual Assistance, Automatic Ad & Vehicle Ma[ntenanco f Page 12 t3f 14
subrogation without an endm;ement, then the 'pillage agrees to notify the insurer and request the policy
he endorsed with a Waiver of Transfer of Fights of Recovery Against Others, or itq equivalent. This
Waiver of Subrogation requirement shall not apply to any polio which a condition to the poln�y=
spec ii~rcally prohibits such an endorsement, or voids coverage should the Village enter into such an
agreement on a pre -loss basis.
When requested, the Village shall agree to provide an affidavit Or Certificate of Insurance
evidencing insurance, self-insurance andior sovereign immunity stratus, k"hich County agrees to
recognize as acceptable for the above mentioned coverages.
Compliance with the foregoing requirements shall not relieve the Village of its liability and
obligations tinder this Agreement.
Section 7. Indemnification. Each party shall be liable for its oven actions and negligence
and, to the extent permitted by law, County sha.il indemnify, defend and bold harmless the Village
against atjy actions, claims or damages arising oiat of Counry's negligence in connection with this
Agreernent and the Village shall indemnify, defend tend hold harmless the County against any actions,
claims or damages arising out of the Village's negligence in connection %-,rith fins Agreement. The
foregoing indemnification snail 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 inderttn]6, the other party for such other party's negligent. willful or intentional acts or
0Missions. The provisions of this section shall survive the termination or cxpiratiao of this Agreement.
Section 8. Effective pate and Terms. The term of this .A�p ee;rtment is for five (5) years and
Shall commence ou October 1, 2022, through September 3i1, 2027, unless sooner terminated a!� provided
herein.
Seetinn 9. Notice of Termination: Either- patty tv this Agrecment may, upon ninety (90)
clays prior writtennotice to the other, terminate this Agreement for any reason or for no reason az all.
Se,etion TO- Capital Improvement Pllans rt an annual basis, the Viilkle shall provide the
County with Capital Improvement flans indicating projected location(s) and anticipated time fratines for
construction of ruturre. fire stations within its jurisdictions and;'or service area. It is understood that these
plans may be modified subsequent to submission and said plains are subject to subsequent funding
allocations and approvals.
Section I L Assignment of Rights; Neither party shall assign, transfer or convey, in whole_
nr in part, its tights, duties, or obligations without The prior written consent of the other.
Section 12. Modification and Amendment; No modification, amendment, or alteration in
Tequesta - ESA Dspatch. Mutual Assistance, Automatic Aid & Vehicle Maintenanca i page 13 of 19
the terms or conditions of this Agreement -shall he effective unless contained in a written dUUUment
executed with the same ffirmality and equality of dignity herewith.
Section 13. Entirety of Agreement- This Agreement, and any 1-,etter(s) of Understanding
entered into between the Fire Chiefs as authorized in this Agreement, represent the entire understanding
of the parties and, except as providod in Sectioll 30 hereunder, supersedes all other negotiations,
representations, c)r agreements, either written or oral, relating to this Agreement. This kgreernent shall
inure to the knefit of, and be binding upon, the parties, and their resp-ective assigm and
succe.ssors in interest.
Section 14. Nondiscrimination: The County is Committed to assuring equal opportunity in
the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm lAeftch
County Resolution RM7-1770, as may be amended, the Village warrants and represents that
thrD,19-hout the term of the Agreement, including any renewaLs thereofif applicable, all of its employees
are treated equally during employment 3A+ithout regard to race, color, religion, disability, sex, age,
national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression.
or genetic Infon-nation. Failure to meet this requirement shall be considered default of the Agreement.
Section 15. Annual Appropriations: Fach party's performance and obligation tinder ibis
Agreement is contingent upon an annual budgetary appropriation by its TesPeLtive governing body for
:1
the purposes hereunder.
Section 16. Remedies: This Agreement Shad be governed by the laws of the state of
g
Florida. Any and all legal action necessary to enforet- the Agreement will be held in a court of
competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon aT1v
party is intended to b� 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, by statute or othenvise. No single or partial exercise by any party of any right, power, or remedy
Hereunder shal I preclude any other or further exercise thereof.
Section 17. Records; Each party shall maintain all record-, pertaining to the services
delivered under this Agreement for a period of at least fivc (5) Ycam, Or, i f applicable, for five (5) years
after the life of a subject vehicle or equipment, whichever period Of time is longer. Each party shall
maintain, and make available to the other party At no cost, 11110n request, and within a reasonable; Period
of time all records aswciated with this Agreement, including, but not limited to, all accounts, financial
atid technical records, research or reports, in accordance with Florida law.
Notwithstanding anything herein to the contrary and to CXtent permitted by Into, upon the
Tequesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehid e Maintenance / Tpge- 14 of 19
exPiration or termination of this Agreement, the County shill turn Over tO the Village all the County`s
technical records directly relating to the County's maintcuance and repair of the Village vehicles, The
Village shall bec-orne the official custodian of these records. As custodian Of these records, the Village
slitall maintain the records in accordance with Florid-rcirs public records law and until at least f[vt. (5)
years after expiration or termination of this Agreement or five (5) years after the life of the vehicle,
whichever is later. The County shall be ent-Itled to keep a copy of all such records.
TO the extent allowed by Chapter 10, Florida Statutes, all written and oral inforn.11ton not in the
Public domain or not previously known, and all information and data obtained, developed, or supplied
by the County or at its expense will be kept confidential by the Village and will not be disclosed to any
other party, directly or indirectly. without the County's prior wntten consent Unless required by a lawful
court order- All drawings, maps, sketches, prograr-is. data base, reports and other data developed, or
purchased, under this Agreement for or at the County's expense shall be and remain the county's
property and may be reproduced and reused at the discretion of the County.
All covenants, agTeements, representations and warranties made herein, or otherwise made in
writi,ng by any party pursuant hereto, 'Including but not limited to any representations made herein
relating to disclosure or ownership of documents, shall slarvivc the execution arid delivery of this
Agreement and the consummation of the transactions contemplated hereby.
Section 18. Palm Beach County Office Of the Inspector General Audit Requirements:
Palm Beach County has established the Office of the Inspector General in Palm Beach County Code,
Section 2-421 - 2-440, as may be amended. The Inspector General is authorized with the power to
review past, present and proposed County contracts, transactions, accounts and records. The Inspector
General's authority includes, but is riot limited to, the power to audit, Investigate, monitor, and inspecr
the activities of entities Lantracting with the County, or anyone acting on their behalf, in order to ensure
compliance with contract requiremcnts and to detect corruption and fraud. Failure to cooperate with the
Inspcelor General or interfering with or impeding any investigation shall be a Violation of Palm Beach
County Code. Section 2-421 - 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the
same manner as a second degree niisdcrrieanar.
Section 19. Joint Preparation; The preparation of this Agreement has been a joint effort of
the parties, and the resulting document Shall not, soielv or as
�, a Matte]- of judicial constraint, be construed
more severely against one of the parties than the other
Section 20. 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 services provided by the
Tecluesta - ESA Dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance / P;igv 15 of 19
other party. F,arTj party will cooperate with the other in the defense of any suit or actiOn arising nut of,
or related tO, the services rendered under this Agreerent.
Section 21. Notices: All notices, consents, approvals, and elections (collectively,
` notices'') to be given or deliviceed by or to any party .hereunder shall be in %Tiling and shall be (as
electcd by the party giving such notice) band delivered by messenger, courier service, or national
overnight delivery service, telecopied or faxed, or afternadvely shall be sent by United States Certified
Mail, with Return -Receipt Requested. The effective datc of any notice shall be the date of delivery of
the notice it by nxcssen er, courier services, or natlonai overnight deli verY service (provided in each
ca5c a receipt is obtained), or on the date cif transmission with confirmed anme_r back iftelecop er or rax
if transmitted before 5 P.M. on a business day and on the next business day if transmitted after 5 P.M. or
On a non -business day, or if mailed- upon the date which the return receipt is signed or delivery is
refused Or the notice designated by the postal authorities as non -deliverable. as the case may be. The
parties hereby designate the following addresses as the addresses to which notices may be delivered, and
delivery to such addresses shall constitute binding notice given to such party,
(a) If to the County at -
Palm Beach County Fire Rescuc
Artn: Fire Rescue Administrator
405 Pike Road
West Palm Beach, FL 33411
With a copy to:
Palzn Bcauh County A.ttorney's office
Attn- Fire Rescue Attorney
301 North Olive Avenue, Suite 601
West Patin Beach, FL 33401
Telephone 561-355-2.225
Fax 561-355-4398
(b) If to the Village at:
Village of Tequesta Fire kescue
Attn: Dire Chiel-'
357 Tequesta Dr.
Tequesta, FL 33469
a Y per' may from time to tirnc change the address to which notice under this Agreement shall be
given suQh party, upon three (3) days prior written notice to the other parties.
Tequesta - ESA Dispatch, Mutual Assistance, AtltOmat r, ,Aid & Vehicle Maintenance / page 16 of 19
Section 22. Captions: The captions and section appearing, in this Agreement are for
convenience only, are riot part of this Agreement, and are not to be considered in interpreting this
Agreement.
Section 23. Filing: A copy of this Agrec:t>E�.ent shall be filed with the Clerk of the Circuit.
Court in and for Palm Beach County.
Section 24. Delegation of Dnty: This: Agreement is an Interlrjcal agreement for the provision
of services, as authorized by Section 16 .01, Florida Statutes, an.d shall not in any way or mmner
whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be
deemed to authorize the delegation of the constitutional or stmtutory, duties of state, courkty, or municipal
officers.
Sectionn 25. HIPAA Compliance: All parties acknowledge and agree that their respective
fire -rescue departments are covered entities under HIPAA, as may be amended from time to time.
Should any provision of this Agreement be determined to be inconsistent with the requirements of
HIPAA, there the parties shall promptly amend such provision as necessary to comply with HIPAA.
Should the parties fail to promptly do so, then either party may terminate this Agreement upon written
notice to the other, withoui any recourse, penalty, or damages of arty type against the terminating party
arising frOnr .such termination.
Section 2.6. S-everabilrity: If any term of this Agreement or the application thereof to any
Person or circumstances :shall be determined by a court of competent Jurisdiction to be invalid or
unenforceable, the remainder of this Agreement. or the application of such term to persons or
circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby,
and each term of this Agreement shall be valid and enforccable to the fullest extent permitted by law.
Section 27. Survivability: Any provision of this Agreement that is of a continuing nature, or
which by its language or nature imposes an obligation or right that extends beyond the terra of this
Agreement, shall survive the expiration or earlier termination of this Agrectnent_
Section 2S. Conflict Resolution. Any dispute or conflict between the parties that arises
from the provision of services under this Agreement shall be ptesented in writing to the respective
Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in
good faith to resolve the dispute .or conflict prier to either party{ initiating the intergrovernmental conflict
resolution process provided for by Chapter 164, Florida Statutes.
Section 29. No Third Party Beneficiary. No provision of this Agreement is intended to, or
shall he construed to, create any third party he.neficiary or to provide any rights to any person or entity
Tegrtesta - ESQ, [dispatch, Mutual Assistance, Automatic Aid & Vehicle Maintenance 1 Page 17 of 14
IN WITNESS WFFFREOE, the undersigiled parties eve caused these presents to be signed by
heir duly authorized officers on the day and year first written above.
ATTEST.
J OSEPH
L'Lk.k -0: T ;E °C,IRC:IJIT
CyC)II ::&- 0N1PTA I...LER
0
YY _
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
County Aitorney
AT
By:
Lori McWilliams, MMC, Village c1crk
APPROVED AS TO
LEGAL SUFFI
WE
R # 1 SEP 13 2022
PALM BEACH COUNTY, a political
subdivision of #Ie sfi-Jw �r Fiarida
By:
Robert . einrah, Mkycr
APPROVED AS TO TERNIS ANT)
CONDITIONS
By:
Fire- escue
—4—
VILLAGE OF TE UES1'A, FLORIDA
By: _
Molly Young ay
APPROVED AS TO TERMS AND
CONIIIfioNS
R�TF
e
��Trube, Fire Chia
Teques#a - ESA Dispatch. Mutual Assistan , Automatic Aid & Vehicle Maintenance 1 Page 19 of 19
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