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HomeMy WebLinkAboutDocumentation_Regular_Tab 7D_5/16/1991 - i :MOM OA, VILLAGE OF TEQUESTA iv 4 Post Office Box 3273 • 357 Tequesta Drive kt1OP`1=�Q Tequesta,Florida 33469-0273 • (407)575-6200 ° FAX: (407)575-6203 4 CN COUNS MEMORANDUM: TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: .May 3, 1991 SUBJECT: Resolution 16-90/91 Approving Amendment to Interlocal Agreement Providing for Fire-Rescue Services in the Village of Tequesta by Palm Beach County Fire-Rescue MSTU; Agenda Item During the recent Public Safety issue, concerns were expressed that the demand for Palm Beach County Fire-Rescue Services was primarily coming from areas outside of the Village creating the potential for Palm Beach County to reassess the need to maintain a station within the corporate limits of Tequesta. At one point, Chief Herman Brice suggested that, to address this concern, the provision of a station be guaranteed within the Contract for Services between the Village and the County. Therefore, the Village Council requested staff to pursue the placement of such a guarantee within the contract. In working with Fire-Rescue, we have concluded the attached amendment which requires that "County shall, for the duration of this agreement, maintain a staffed fire station within the geographical borders of the Village. " I believe that this provides the Village with a reasonable guarantee of a station within its geographical borders. Accordingly, I recommend that the Village Council adopt Resolution 16-90/91 approving the referenced amendment. TGB/jmm 1r Recycled Paper • JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR LARRY B.ALEXANDER MICHAEL T.KRANZ P.O.DRAWER E" R.BRUCE JONES VINCENT J.ALTINO JOHN M.LoROUX WEST PALM BEACH,FLORIDA 33402-3475 1904-1988 GEORGE H.BAILEY - JOHN BLAIR MCCRACKEN KEVIN C.BEUTTENMULLER PAMELA A.McNIERNEY (407)659-3000 HENRY F.LILIENTHAL MICHAEL D.BROWN TIMOTHY E.MONAGHAN 1902-1982 RUTH P.CLEMENTS GUY RABIDEAU FAX:(407)832-1454 SCOTT M.COLTON JOHN C.RANDOLPH JOYCE A.CONWAY PAULA REVENE HARRY ALLISON JOHNSTON MARGARET L.COOPER ANDREW ROSS 1895-1983 BYRON R.CORNWELL STEVEN J.ROTHMAN REBECCA G.DOANE PETER A.SACHS RETIRED RANDY D.ELLISON ANDREA J.SAFKO WILLIAM A.FOSTER L.MARTIN FLANAGAN JOEL T.STRAWN WRITERS DIRECT LINE: LORI E.HANDELSMAN SIDNEY A.STUBBS.JR. SCOTT G.HAWKINS ALLEN R.TOMLINSON THORNTON M.HENRY JOHN S.TRIMPER OTHER LOCATION PETER S.HOLTON SANDY M.VANSTRUM 1. REBECCA F.HUHTA MICHAEL P.WALSH 54 N.E.FOURTH AVE. J.A.JURGENS H.ADAMS WEAVER • MARK B.KLEINFELD PAUL C.WOLFE DELRAY,BEACH.FLORIDA 33483 CHARLES B.KOVAL Vi4!AGE OF tEQU. - April 30, 1991 � • � • I1919!lab 111 • Mr. Thomas G. Bradford I P` �r�,.. ,s Village Manager i Village of Tequesta dr► Post Office Box 3273 Tequesta, _-Florida 33469 - -- RE: Village of Tequesta Amendment to Interlocal Agreement Providing for Fire Rescue Services in the Village of Tequesta • by Palm Beach County's Fire Rescue MSTU Our File No. 13153. 1 Dear Tom: I have reviewed the above referenced Agreement which you forwarded to me under cover letter of April 25, 1991. Please be advised that I have approved same as to legal form and sufficiency. • Sincer-ly, / w i<hn C. Randolph JCR/ssm R90 14740 INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY'S FIRE-RESCUE MSTU A U 6 2 8 1990 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. Fue 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 S. 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 T,equesta,Fl 33469 SECTION 6. Code The Palm Beach County Fie 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 necessary 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 isnot-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 commencin J 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 havei 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 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'¶ees) 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. , ' • 1N 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. . ATTE T: • 4B Village A uristrato Maya ATTEST: t/ r,CA( igeA• i • _y . 2 8 Deputy Clerk �0 147 �sao 1� 0 �rihtnir:KrV, bill BEA COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney • RESOLUTION NO. 16-90/91 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY' S FIRE-RESCUE MSTU AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF TEQUESTA. WHEREAS, the Village Council approved the Interlocal Agreement providing for Fire-Rescue Services in the Village of Tequesta by Palm Beach County' s Fire-Rescue MSTU dated August 28, 1990; and WHEREAS, the Village Council desires to amend the Interlocal Agreement so as to guarantee that the County shall for the duration of the Interlocal Agreement, maintain a staffed fire station within the geographical borders of the Village; and WHEREAS, Palm Beach County Fire-Rescue staff has provided for an amendment acceptable to the Village Council and will. present the same to the Board of County Commissioners for their approval consideration. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1 . The amendment to Interlocal Agreement providing for Fire-Rescue Services in the Village of Tequesta by Palm Beach County' s Fire-Rescue MSTU, attached hereto as "Exhibit A" and made a part of this Resolution, is hereby approved. Section 2. The Mayor is hereby authorized to execute the Amendment to the Interlocal Agreement on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Resolution duly passed and adopted this day of , 1991. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Bill C. Kascavelis Village Clerk AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR FIRE-RESCUE SERVICES IN THE VILLAGE OF TEOUESTA BY PALM BEACH COUNTY'S FIRE-RESCUE MSTU' This Amendment' to Agreement (R90-1474D) dated this day of , 1991, by and between Palm Beach County, Florida, a political subdivision of the 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 "VILLAGE" . NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto hereby agree as follows: 1. That Section 3 entitled "Services Rendered" is hereby amended to read: 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. The COUNTY shall, for the duration of this agreement, maintain a staffed fire station within the geographical borders of the Village. '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. . IN WITNESS WHEREOF, the undersigned parties have set, their hands by their duly authorized officers on the date first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS John B. Dunkle, Clerk By: By: Deputy Clerk Chair (SEAL) ATTEST: VILLAGE OF TEQUESTA By: By: Village Administrator Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney j amend.agr •