HomeMy WebLinkAboutResolution_28-94/95_07/27/1995 RESOLUTION NO. 28 - 94/95
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN MARTIN COUNTY AND THE
VILLAGE OF TEQUESTA PROVIDING AUTOMATIC FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES MUTUAL AID
AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON
BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Interlocal Agreement between Martin County
and the Village of Tequesta providing automatic fire
protection and emergency medical services mutual aid,
attached hereto as Exhibit "A" and incorporated by reference
as a part of this Resolution, is hereby approved and the
Mayor of the Village is authorized to execute the same on
behalf of the Village of Tequesta.
Section 2. Resolution No. 18- 92/93, which approved previous
editions of an interlocal agreement between Martin County
and the Village of Tequesta for such services is hereby
rescinded upon the adoption and execution of the revised
Interlocal Agreement as approved herein by Martin County
officials.
THE FOREGOING RESOLUTION was offered by Councilmember
Carl Hansen , who moved its adoption. The
• motion was seconded by Councilmember William E_ Rurckart ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
Ron T. Mackail
Elizabeth A. Schauer
Carl Hansen
William E. Burckart
The Mayor thereupon declared the Resolution duly passed and
adopted this 27th day of July, A.D., 1995.
MAYOR OF TEQUESTA`
- M-aeAa--:�
� Y
Ron T. Mackail
ATTEST: .
oann Mangani to
Village Clerk
ATTEST Village of Tequesta, a municipal
• corporation of the State
of Florida
oann Nlagamell , Clerk Ron T. MacKail, Mayor
APPROVED TO CORRECTNESS
AND FOR
n C. Randolph
Village Attorney
ATTEST: BOARD OF COUNTY COMMISSIONERS
• MARTIN COUNTY, a political
sub - division of the State
of Florida
MARSH STILLER, CLERK CHARLENE HOAG, CHAIRPERIkk
APPROVED AS TO CORRECTNESS
AND FORM:
ROBERT D. GUTHRIE
COUNTY ATTORNEY
•
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r
INTERLOCAL AGREEMENT BETWEEN MARTIN COUNTY AND VILLAGE OF
TEQUESTA PROVIDING AUTOMATIC FIRE PROTECTION AND EMERGENCY
MEDICAL SERVICES MUTUAL AID
• �..�
THIS AGREEMENT, made and entered into this o2_J day of --
1995, by and between:
MARTIN COUNTY a political subdivision of
the State of Florida
2401 S.E. Monterey Road
Stuart, Florida 34996
and
THE VILLAGE OF TEQUESTA a municipal corporation of
the State of Florida
357 Tequesta Drive
Tequesta, Florida 33469
WHEREAS Martin County and the Village of Tequesta desire mutual aid in fire protection and
• emergency medical services; and
WHEREAS the Florida Interlocal Corporation Act of 1969, Section 163.01, et seq., Florida
Statues, (1987) provides a method for governmental entities to join in order to provide fire
protection and other related services; and
WHEREAS. Section 252.40, Florida Statues, authorizes formation of mutual aid agreements
between local entities within the State for reciprocal aid and assistance in cases of disasters too
great to be handled by a single entity.
NOW THEREFORE in consideration of the covenants, conditions and premises set forth, the
parties agree as follows:
1 SCOPE OF SERVICES, Martin County and Village of Tequesta agree to provide automatic
mutual aid fire protection and emergency medical services upon the receipt of notification by
either party; provided however, that the agency receiving such a request shall not be required to
provide fire protection and emergency medical services under this agreement if, at the time of
the receipt of the request, making a response here under would preclude the agency from making
responses within its own jurisdiction.
Martin County and Village of Tequesta provide Technical Rescue and Hazardous Material
mitigation equipment and personnel, therefore both parties do hereby agree to provide assistance
to each other, when called for, in accordance with Section 2 - Notification.
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2. BOUNDARIES AND NOTIFICATION. Martin County agrees that County Fire Personnel
will respond to fires and EMS incidents within the response boundaries of the Village of
• Tequesta upon the request of the Tequesta Fire Chief or his designee.
The Village of Tequesta agrees that Village fire personnel will respond to fires and EMS
incidents within the response boundaries of Martin County upon official notification upon the
request of Martin County Director of Public Safety or his designee.
Each Party reserves the right to refuse a mutual aid call in the event it does not have the required
equipment available or if, in it's judgement, compliance with the request would jeopardize the
protection of its own jurisdiction.
3. EMPLOYEE BENEFITS. The parties agree in the course of fulfilling this agreement that all
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 the officers, agents or employees of the respective governments when performing their
respective functions within the other parties own territorial limits shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents or employees
extraterritorial under the provisions of this agreement. Liability for injury to personnel shall be
borne by the party employing such personnel.
4. CONTROL OF EMPLOYEES, Any officers, agents and employees of Martin County and
• Village of Tequesta shall be subject to control of their respective County/Village Administrator,
or their designee, while performing fire protection services or emergency medical services
extraterritorial pursuant to the provisions of this Interlocal Agreement.
5. DAMAGE TO EQUIPMENT. The Requesting Party shall replace, repair or reimburse the
Responding Party for the actual cost of replacement or repair of any of the Responding Party's
apparatus, tools, mechanical equipment or personal protective equipment which may be damaged
or destroyed while at the Requesting Party's emergency or disaster site unless such damage or
destruction is solely the result of errors, negligent acts or omissions of the Responding Parties
or any of it's agents, employees or officials.
6 AND SUPPLIES. The Requesting Party shall, at the option of the Responding
Party, either replace or reimburse the Responding Party for the actual cost of all materials and
supplies such as foam, dry chemicals, extinguishing agents, disposable protective garments and
related. equipment, medical supplies and consumable used for the benefit of patients at the
emergency site or disaster, consumed, expended or utilized by the Responding Party in the course
of rendering assistance pursuant to this Agreement while at the Responding Party's emergency
or disaster site.
• 7. CONTROL OF FIRE RESCUE, EMERGENCY OR DISASTER SCENE: Once the
Responding Party reaches the Requesting Party's emergency or disaster site, the Parties agree that
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the Requesting Party's Incident Commander shall direct the activities and deployment of
Personnel and equipment in the area where the emergency exists. Control of each Respective
Party's personnel shall remain with each respective party as to the rendition of service, standards
• of performance, discipline of officers and employees and other matters incident to the
performance of services by the Responding Party's personnel.
The officer in command of the personnel of the Responding Party shall not be obligated to obey
any order which said officer reasonably believes to be either in violation of the laws of the State
of Florida, the United States of America, or any order which said officer believes will
unnecessarily result in the likelihood of unreasonable risk of death or bodily injury to the agents,
officers or employees of the responding Party, or in a loss or damage to the Responding Party's
equipment. All parties to this agreement stipulate that they will utilize a recognized "Incident
Command System" for all appropriate operations covered by this agreement.
$. INDE MNIFICATION. Each party agrees to bear responsibility for their own negligence to
such extent as is allowed by law.
9�'KER16%I This agreement shall be in full effect as of 12:01 A.M., local time, March 1, 1995,
for a period of seven (7) months, and be automatically renewed on October 1, of each following
year unless either party wishes to cancel or amend this agreement. Amendments and cancellation
notices shall be in writing by either party, at least ninety (90) days in advance before the annual
expiration date.
• 10. ADDRESSE ALL NOTICES AND CORRESPONDENCE SHALL BE SENT TO THE
FOLLOWING ADDRESSES:
Martin County Village of Tequesta
Department of Public Safety Village Manager
2401 S.E. Monterey Road 357 Tequesta Drive
Sluart, Florida. 33496 Tequesta, Florida 33469
11, FILING WITH CLERK. Prior to it's effectiveness, this Interlocal Agreement and subsequent
amendments thereto, shall be filed with the Clerk of the Circuit Court for Martin County, Florida.
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