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HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_05/29/2009AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR FIRE RESCUE SERVICES BY AND BETWEEN THE VILLAGE OF TEOUESTA AND THE TOWN OF JUPITER INLET COLONY THIS AMENDED AND RESTATED AGREEMENT is entered into this day of , 2009, effective October 1, 2009, between the Village of Tequesta, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the "Village" and the Town of Jupiter Inlet Colony, Florida, a municipal corporation organized and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the "Town". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the Village and the Town previously entered into an Interlocal Agreement dated August 19, 1993 for the provision of Fire Rescue Services to the Town by the Village (the "1993 Interlocal"); and WHEREAS, the 1993 Interlocal was amended on July 30, 2002 by mutual agreement of the Village and the Town solely to extend its Term; and WHEREAS, the Village and the Town both desire to amend and restate the 1993 Interlocal as previously amended in 2002 for mutual benefit of both parties and to more accurately reflect the understanding of the parties. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein to be kept and performed by the parties hereto, it is agreed as follows: 1. RECITALS: The above recitals are true and correct and the 1993 Interlocal as amended in 2002 is hereby amended and restated in its entirety as follows. 2. SERVICES TO BE PROVIDED: The Village shall provide fire protection, fire rescue, basic life support ("BLS"), advanced life support ("ALS") or similar service to the Town at all times during the term of this Amended and Restated Agreement. The level of service provided shall be equivalent to the level of service provided to residents of the Village. 3. DEFINITIONS: For the purposes of this Amended and Restated Agreement, EMS; Fire Protection and Emergency Transport Services (ALS and BLS) shall be defined as follows: EMS.• Any emergency medical treatment provided by certified paramedics and/or EMT's whether or not body invasion and/or any life support equipment is utilized. Emergency Transport Services: The transport of a patient by a permitted Advance Life Support Vehicle in accordance with Florida Statutes 401.26 Transportation shall be provided by Tequesta Fire Rescue resources to the most appropriate medical facility. Fire protection: Is defined as suppression activities, the application of mitigating systems and investigation of fire and its related emergencies. Including the prevention of fires through the enforcement fire codes, building compartmentalization, research and development of the hazards associated with fires. 4. EMS ALS BLS AND FIRE PROTECTION SERVICES: The Village will be responsible for responding to all calls for EMS, Fire Protection, ALS and BLS Transport Services within the corporate limits of the Town and will provide the same level of service to the Town as it provides for the Village. The Village's ordinances, standards, policies and procedures shall govern all responses and services provided. 5. PROCEDURES FOR REQUESTS FOR ASSISTANCE: Any request for assistance made by a resident or visitor of the Town to the Village's communications center directly or through the 911 system shall be deemed to be an official request for assistance under this Amended and Restated Agreement. Village of Tequesta Communications Center 744-4095 6. FEES: The Town agrees to pay the Village for all services in accordance with the following: A. The fee shall be an annual rate based on a percentage of the budget formally adopted by the Village for Fire Rescue Services. For purposes of calculating the rate to be paid by the Town, direct annual operating expenses including all personnel expenses, and annual debt service, and annual capital expenditures for the Village's Fire Rescue budget shall be the budget items which are utilized (hereinafter the "Budget"). B. For each year of this Amended and Restated Interlocal Agreement, the Town shall pay as fee equivalent to percent of the Budget. This annual fee shall be paid in quarterly installments with the 1St quarterly payment due on October 1, 2009 and subsequent payments due on January 1, 2010, April 1, 2010 and July 1, 2010. In all subsequent fiscal years, quarterly payments shall likewise be made on October 1, January 1, April 1 and July 1. All fees for ambulance transport shall be at the same rate charged to the residents of the Village, shall be charged directly to the patient utilizing the service and shall be billed, collected, and retained in full by the Village as compensation for rendering such services. 7. TERM: It is understood by both parties that this Amended and Restated Agreement is for the term of twenty (20) years, commencing on October 1, 2009 and continuing thereafter to 2029 unless this Amended and Restated Agreement is otherwise terminated in accordance with the terms and conditions more particularly set forth herein. 8. TERMINATION: It is understood by both parties that due to employment and budgetary considerations, this Amended and Restated Agreement shall not be terminated except upon written notice submitted by either party by January 31St to be effective on September 30th of that year. Written notice as stated herein shall be considered sufficient when a written statement of intention to terminate is sent by certified mail, hand delivery or overnight mail to the parties at the address provided in paragraph 10. 9. RENEWAL: This Amended and Restated Agreement may be renewed for additional periods of time upon mutual consent of the parties, which consent must be reached by the parties on or before January 31St of the year this Amended and z Restated Agreement is set to expire unless written notice of termination is provided in accordance with paragraph 8 hereinabove. In the event that this Amended and Restated Agreement is not renewed, it shall automatically terminate at the end of the twenty (20) year period or on October 1, 2029. However, nothing contained herein shall prevent the parties from negotiating a new agreement. 10. NOTICES: All notices required in this Agreement shall be sent to the parties at the following addresses: Villa e of Te uesta Town of Ju iter Inlet Colon 345 Tequesta Drive 1 Colony Road, Tequesta, Florida 33469 Jupiter Inlet Colony, Florida 33469 Attention: Villa e Mana er Attention: Town Administrator 11. NO TRANSFER: This Agreement shall not be assigned or transferred by either party. 12. GOVERNMENTAL POWERS: Nothing contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Amended and Restated Agreement is solely an Interlocal Agreement to provide services as authorized by Chapter 163, Florida Statutes. The Village's and the Town's governing bodies shall each retain all legislative authority with regard to their respective governing body. All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers compensation and other benefits which apply to the activity of officers, agents or employees of any public agency 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 of such officers, agents or employees extraterritorially under the provisions of any such Interlocal Agreement. 13. GOVERNING LAW: This Amended and Restated Agreement and any dispute, disagreement, or issue of construction, declaration or interpretation arising hereunder whether relating to its execution, its validity, the obligations provided herein, performance or breach shall be governed and interpreted according to laws n of the State of Florida. Any and all action necessary to enforce the Amended and Restated Agreement will be held in Palm Beach County, Florida. If any action whether in law, equity or otherwise is brought for the interpretation or enforcement of this Amended and Restated Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Amended and Restated Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 14. REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 15. INDEMNIFICATION: To the extent permitted by law, the Village shall indemnify and hold the Town harmless for any liability or causes of action for damages which may arise from the negligent acts or omissions of the Village's employees in the performance of this Amended and Restated Agreement. Likewise, to the extent permitted by law, the Town shall indemnify and hold the Village harmless for any liability or causes of action for damages which may arise from the negligent acts or omissions of the Town's employees in the performance of this Amended and Restated Agreement. Nothing in this provision shall be construed as consent by the Village or by the Town to be sued, nor as a waiver of sovereign immunity beyond the limits provided for in Section 768.28, Florida Statutes. 16. 30INT PREPARATION: The preparation of this Amended and Restated Agreement has been a joint effort of the parties, and the resulting document shall c not, solely as a matter of judicial constraint be construed more severely against one (1) of the parties than the other. 17. SEVERABILITY: Should any provision of this Amended and Restated Agreement be declared invalid by a court of competent jurisdiction, same shall be deemed stricken herefrom and all other terms and conditions of this Amended and Restated Agreement shall continue in full force and effect as if such invalid provision had never been made a part thereof 18. NO WAIVER DUE TO DELAY: No delay be either party in enforcing any covenant or right hereunder shall be deemed a waiver of such covenant or right, and no waiver of any particular provision hereof shall be deemed a waiver of any other provision or a continuing waiver of such particular provision, and except as so expressly waived, all provisions hereof shall continue in full force and effect. 19. ENTIRE UNDERSTANDING: This Amended and Restated Agreement constitutes the entire understanding of the parties with respect to the provision of EMS, Fire Protection, ALS and BLS Transport Services and fire related assistance. It may not be modified, nor any of its provisions waived unless such modification and/or waiver is in writing and is agreed to and signed by both parties. 20. FILING WITH CLERK OF COURT: This Amended and Restated Agreement shall be signed in triplicate by both parties and filed for record by the Village, with the Clerk of the Circuit Court of Palm Beach County, Florida pursuant to Section 163.01, Florida Statutes. IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day of , 2009. ATTEST: VILLAGE OF TEQUESTA LORI MCWILLIAMS, VILLAGE CLERK (VILLAGE SEAL) PAT WATKINS, MAYOR APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY TRELA J. WHITE, VILLAGE ATTORNEY DATE: ATTEST: JOANN MANGANIELLO, TOWN CLERK (TOWN SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY WILLIAM P. DONEY, TOWN ATTORNEY DATE: Y:blocs\Tequesta\AgreemtgtsUnteriocal Agrceme~-Teq & Iup Inle[ Colony-Fire Raxue 2008.doc CONDITIONS JAMES WEINAND, FIRE CHIEF TOWN OF JUPITER INLET COLONY JOHN M. ZUCCARELLI, MAYOR 7 Couzzo, Michael From: Weinand, James Sent: Thursday, May 21, 2009 9:40 AM To: Couz~o, Michael Subject: Jupiter Inlet Colony Mike, Here is the Original Formula and the Millage Formula as discussed. As you can see the difference is only about $6,000.00 Jim Original Formula 1. 1993 - Original Fire-Rescue expenditures were $387,242.00. Jupiter Inlet Colony portion of these expenditures was $71,100.00 or 18.36%. 71,100.00 / 387,242.00 = 18.36. 2. Current Fire Rescue Expenditures are $2,713,300.00 (this includes Personal Costs, Operating Expenses, Capital Expenditures and Debt Service. 3. Using the original formula of 18.360 Jupiter Inlet Colony portion would be 498,161.88. ($2,713,300.00 X 18.36 = $498,161.88) Millage Method 1. Taxable Value of both municipalities is 1,168,624,019.00. Tequesta $931,307,717.00 Jupiter Inlet Colony $237,316,302.00 Total 1,168,624,019.00 2. Cost of Fire Rescue Service is $2,425,575.48. (Fire Rescue expenditures of $2,713,300.00 less non-contractual revenues of 287,724.52 (excludes JIC Revenue) equals $2,425,575.48) 3. Utilizing the cost of Fire Rescue which is 2,425,575.48 divided by Total Taxable Value of Tequesta 1,168,624,019.00 would equal a millage rate of .002076 mills. 4. Jupiter Inlet Colony cost for Fire Rescue Services would be $492,569.55. ($237,316,302.00 * .002076 = $492,569.55) 1 5. Tequesta cost for Fire Rescue Services would be $1,933,005.93. (931,307,717.00 * .002076 = $1,933,005.93)