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HomeMy WebLinkAboutDocumentation_Regular_Tab 9E_5/10/1990 ______ 4((0...iial.p.,„. . , 1 _06_ i.or ,� ,.VILLAGE OF TEQUESTA 1 Post Office Box 3273 • 357 Tequesta Drive -'' �1, #1 Tequesta, Florida 33469-0273 • (407) 575-6200 FAX: (407) 575-6203 MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager (/'y / DATE: May 3, 1990 SUBJECT: Proposed Interlocal Agreement Providing for Fire- Rescue Services; Agenda Item IX, E Pursuant to your instructions, I have been negotiating with the Palm Beach County Fire-Rescue Department for a new Interlocal Agreement to commence effective October 1, 1990, in that the existing Agreement is scheduled to conclude on September 30, 1990. This Agreement is basically similar to the existing except for the following notations: o The previously referenced MSTU #1 has been eliminated by the County Commission and is now proposed that the Village be served by a new MSTU referred to as the "Fire- Rescue MSTU" . o The term of this Agreement is for seven ( 7 ) years as opposed to the previous five ( 5 ) year Agreement. o Section 11 of the Agreement requires the Fire-Rescue Administrator to submit a budget to the Village no later than May 1 of each year. The Village will have four ( 4 ) months until the following September 1 within which to exercise its option to terminate the contract for the fiscal year which will commence thirteen ( 13 ) months thereafter. Additionally, the Village has been granted a onetime window of opportunity to terminate the Agreement effective October 1, 1991, provided that the Village exercise its option to do so prior to February 1, 1991 . I consider this to be a fair and equitable Agreement to both parties. The County has amended its standard form of agreement allowing the Village to terminate the Agreement earlier than the norm. In the event the Village does not exercise this early termination option, the Agreement is fair in that, should the Village choose to terminate the Agreement at a later point in time, a minimum of thirteen ( 13 ) months notice is given to the County to adjust its operations. It is recommended that the Village Council authorize the Mayor to execute this Agreement on behalf of the Village of Tequesta. TGB/jmm JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P.O. DRAWER E R.BRUCE JONES LARRY B LBAXLEY BLAIR DER MICHAR LI7TLEEJOHN,II WEST PALM BEACH, FLORIDA 33402-3475 454191111 GEORGE H KEVIN C.BEUTTENMULLER JOHN M L.ROUX CHAEL D.BROWN JOHN SLAW McCRACKEN (407)659 3000 HENRY F.LILIENTMAL MI 1 P02-1GB2 RUTH P CLEMENTS PAMELA A McNIERNEY FAX: 407)832-1454 SCOTT M.COLTON TIMOTHY E.MONAGHAN '/ JOYCE A CONWAY GUY RABIDEAU HARRY ALLISON JOHNSTON MARGARET L COOPER JOHN C RANDOLPH 18*5-19413 REBECCA 0 DOANE PAULA REVENE RANDY D ELLISON ANDREW ROSS L.MARTIN FLANAGAN STEVEN J ROTHMAN RETIRED SCOTT A GLAZIER PETER A SACHS WILLIAM A.FOSTER LORI E.HANDELSMAN JOEL T STRAWN WRITER'S DIRECT LINE SCOTT 0 HAWKINS SIDNEY A STUBBS,JR THORNTON Al HENRY ALLEN R.TOMLINSON OTHER LOCATION PETER S.HOLTON JOHN S.DAMPER HARRY A JOHNSTON,II MICHAEL P.WALSH I ^ J A JURGENS H ADAMS WEAVER 54 N.E.FOURTH AVE. MARK B.KLEINFELD PAUL C WOLFE �, DELRAY BEACH,FLORIDA 33483 CHARLES B KOVAL MARC S.WOOLF N. V, CE P OF cT,1 MAY 0 2 7391ulte" 1 ' April 30, 1990 — �IAI ,,F ? 052, OFFICE Mr. Thomas G. Bradford Village Manager - Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Interlocal Agreement for Fire-Rescue Services Our File No. 13153 . 1 Dear Tom: I have no real problem with the above referenced Agreement and can approve same as to legal form and sufficiency. In my previous correspondence I was simply trying to provide a mechanism for termination during the first two years. Since "substantial violation" of the terms of the Agreement from a practical standpoint will probably not occur during that time, I have no objection to the contract being executed. Sincerely, hn Randolph JCR/ss . I INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY'S FIRE-RESCUE MSTU THIS AGREEMENT, made this day of , 1990_by and between Palm Beach County, Florida, a political subdivision of State of Florida, hereinafter referred to as "County", and the Village of Tequesta, a municipal corporation organized and existing under the Laws of the State of Florida,hereinafter referred to as the "Village". WITNESSETH: WHEREAS, the Laws of Florida, Chapter 83-495, provides for the creation of municipal service taxing units to provide fire protection and rescue services; and WHEREAS, the Laws of Florida Chapter 83-495, provides for the provision of services to municipalities by the municipal service taxing unit upon the execution and approval of an interlocal governmental agreement; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida by Ordinance No. 90-3 has created said municipal service taxing unit for the provision of fire protection, fire rescue,and advanced life support(or similar services); and WHEREAS, Palm Beach County desires to increase service and the quality of service in those areas where it is necessary to do so; and WHEREAS, future growth within Palm Beach County will be accommodated by providing additional equipment and personnel so as to ensure that no area presently served by the Fire-Rescue MSTU will suffer a reduction in service or quality of service as a result of growth; and WHEREAS, the County, and the Village, presently desire to continue the services formerly provided by the Fire-Rescue MSTU,as contemplated in the Laws of Florida,Chapter 83-495;and WHEREAS, the Village , recognizes that it is governed by the Palm Beach County Fire Code Ordinance. NOW, THEREFORE, IN CONSIDERATION of the mutual representations, terms, and covenants hereinafter set forth,the parties hereto,hereby agree as follows: SECTION 1. Purpose The purpose of this agreement is to provide fire protection, fire rescue, advanced life support or similar service in the municipal limits of the Village, by the Fire-Rescue MSTU. Fire protection shall include but not be limited to the following services and functions: plan review; code enforcement; building inspection; fire suppression; fire investigation; and public education. SECTION 2. Terms The term of this agreement shall be for a period of seven(7) years commencing on October 1, 1990 and extending through September 30, 1997. This agreement may not be terminated by either party for the fiscal year October 1, 1990 through September 30,1991. Thereafter, this Agreememt may only be terminated in accordance with Section 11 hereunder, "Renewal". SECTION 3. Services Rendered The County, through its Fire-Rescue MSTU, shall provide fire protection, fire rescue, advanced life support or similar service to the Village during the term of this agreement. The level of service shall not be reduced. Provided however, the Fire-Rescue Administrator or the Board of County Commissioners shall have sole authority to establish the allocation of personnel and equipment throughout the MSTU. Nothing herein shall be construed as abrogating the authority of The Board of County Commissioners. In the event the Village annexes any of the unincorporated areas of the County, then in that event the services to be provided hereunder shall extend to the area so annexed for the balance of the term of this contract. The contract price shall be adjusted accordingly to include charges for the annexed area based upon the formula set forth herein. SECTION 4. Payment In consideration of the foregoing, the Village shall pay to the County, as the contract price for the first year of the contract for fire protection, fire rescue,advanced life support or similar services in the amount determined by the application of the formula set forth in Chapter 83-495 of the Laws of Florida to the fiscal budget adopted by the Board of County Commissioners for each fiscal year. Thereafter, for each successive year the contract amount shall be that amount resulting from the application of the formula set forth in Chapter 83-495 of the Laws of Florida to the fiscal budget adopted by the Board of County Commissioners for each fiscal year. Any payment due hereunder shall be made within fifteen(15)days after the date the County,sends a tax disbursement to the Village. The amount to be remitted to the County Fire-Rescue Department shall be calculated as follows: Contract Amount + .95=Tax Levy for Fire Contract. Tax Levy for Fire Contract +(Municipality Tax Levy+Tax Levy for Fire Contract) = *% of tax disbursement which is to be remitted to the County Fire-Rescue Department *Each time a municipality receives a tax disbursement from the tax collector, this percentage of the disbursement is to be sent to the Fire-Rescue Department until the full contract obligation is met. If this payment process does not generate sufficient contract funds to the Fire-Rescue Department by June 1 of the current fiscal year, then the municipality must at that time pay the remaining outstanding contract balance using funds from whatever sources the municipality may choose. In the event payment is not timely made, a late charge equal to the then prevailing legal rate of interest shall be added to the Village's liability to the Fire-Rescue MSTU. Interest shall be compounded daily commencing with the sixteenth (16th) day following transmittal of the collected funds by the County, to the municipality. SECTION 5. Addresses All notices, payments, (payable to the Board of County Commissioners),and correspondence shall be sent to the following addresses, respectively: County Municipality Office of the Fire-Rescue Administrator Village of Tequesta 50 South Military Trail, Suite 101 P.O.Box 3723 West Palm Beach,Fl 33415 Tequesta,Fl 33469 SECTION 6. Code The Palm Beach County Fire Code shall be effective within the Village, for that area served by the Fire-Rescue MSTU. The County, shall notify the Village,of any proposed amendments to the Fire Code. SECTION 7. Administration All rules and regulations, policies, and procedures of the Palm Beach County "Fire-Rescue Department" shall be effective within the municipality area served pursuant to this agreement and all other municipalities included within the Fire-Rescue MSTU. The County, shall exercise exclusive control over the equipment, personnel, funds, contracts, appropriations, liabilities, facilities, and any and all policies and operations associated with, or nececcary or incidental to,the provision of the services contemplated herein. SECTION 8. Disputes In the event that the Village,has a dispute with respect to the County's performance hereunder, the Village, by its governing body, mayor, manager or other appropriate municipal official, shall forward to the Fire-Rescue Administrator in writing the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Village of Tequesta, the Village shall request of the Fire-Rescue Administrator that the disputed matter be scheduled on the next available Board of County Commission meeting or workshop, as the Fire-Rescue Administrator deems appropriate. SECTION 9. Captions The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. SECTION 10. Severability Should any section,paragraph,sentence,clause,or provision hereof be held by a court of competent jurisdiction to be ineffective, such shall not affect the remaining portions of this agreement. SECTION 11. Renewals This Agreement may be renewed annually commencing October 1, 1991 in the following manner: No later than May 1, 1990, the Fire-Rescue Administrator shall submit a proposed budget to the Village for the Fire Rescue MSTU. The Village shall have until February 1, 1991 within which to exercise its option to terminate the contract for the fiscal year commencing October 1, 1991. Thereafter, upon receipt of the proposed budget from the Fire Rescue Administrator on May 1, the Village shall have four (4) months until the following September 1 within which to exercise its option to terminate the contract for the fiscal year commencing thirteen (13) months thereafter. SECTION 12. Litigation Expenses Any cost, or expenses (including reasonable attorneys' fees) associated with litigation concerning the terms or conditions of this agreement shall be borne by the non-prevailing party, provided however,that this clause pertains only to the parties to this agreement. IN WITNESS WHEREOF, the County of Palm Beach, Florida, has caused these presents to be executed by the Chairman of the Board of County Commissioners of Palm Beach County, Florida, and the seal of said Board to be affixed hereto and attested by the Clerk of the said Board,pursuant to authority granted by said Board,and the Village, has caused these presents to be executed by its Mayor pursuant to authority granted by its governing body. A II BST: By Village Administrator Mayor A II BST: By Deputy Cleric Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney