HomeMy WebLinkAboutResolution_04-93/94_11/08/1993 I
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RESOLUTION NO. 4 - 93/94
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING AN INTERLOCAL AGREEMENT BETWEEN PALM
BEACH COUNTY AND THE VILLAGE OF TEQUESTA,
PROVIDING SPECIAL ASSISTANCE FIRE - RESCUE SERVICES
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 Palm Beach
County and the Village of Tequesta Providing Special
Assistance Fire - Rescue Service, 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. 25 - 92/93 and Resolution No. 34-
92/93, which approved previous editions of an Interlocal
Agreement with Palm Beach County for Special Assistance Fire -
Rescue Services are hereby rescinded.
THE FOREGOING RESOLUTION was offered by Councilmember
Burckart , who moved its adoption. The motion
was seconded by Councilmember Canretta , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
E arl L. Collings _
Ron T. Mackail
Elizabeth A. S chauer
Joseph N. Capretta
William E. Burckart
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The Mayor thereupon declared the Resolution duly passed and
adopted this 18th day of November, A.D., 1993.
MAYOR OF TEQUESTA
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( Ron T. Mackail
ATTEST:
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Joann Mangan' llo
Village Clerk
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Board of County Commissioners Fire - Rescue Administrator
Mary McCarty, Chair Chief Herman W. Brice
Ken L. Foster, Vice Chairman
Karen T. Marcus
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ol A. Roberts
arren H. Newell
Burt Aaronson g
Maude Ford Lee y
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February 2, 1994 �requesta Fire- Rescue
Chief James Weinand FEB 4 1994
Tequesta Fire Rescue
375 Tequesta Drive
Tequesta, FL 33469
Fire Chief s Office
Dear Chief Weinand:
Enclosed please find an original executed copy of the agreement between
the Village of Tequesta and Palm Beach County for fire- rescue services.
This contract was approved by the Board of County Commissioners in
open session on January 18, 1994. If you have any questions or
concerns regarding operational emergency responses, please contact
• Deputy Chief Mike Iacona at 233 -0010.
We look forward to working with you in the future.
Sincerely,
Kathleen Owens
Special Projects Coordinator
KO
Enclosures
cc: Chief Iacona
"An Equal Opportunity - Affirmative Action Employer"
tiD`printed onrwydedpaper 50 S. Military Trail, Suite 101 West Palm Beach, Florida 33415 (407) 683 -0010
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT for Special Assistance
Fire - Rescue Service is made and entered into this day of
JAN 18 1994 , + 9", by and between the Village of Tequesta,
Florida, a municipal corporation, organized and constituted in
accordance with the laws of the State of Florida, hereinafter called
"CITY" and Palm Beach County, a political subdivision of the State
of Florida constituted in accordance with Chapter 125, Florida
Statutes, hereinafter called "COUNTY ":
WITNESSETH:
WHEREAS, it is the intention of the parties hereto to enter
into an Interlocal Agreement in accordance with the "Florida
Interlocal Cooperation Act," Chapter 163, Florida Statutes, and
Chapter 166, Florida Statutes, in order that each party may request
and receive emergency services on a fee basis; and
WHEREAS, at times of fire, emergency or disaster, one of the
parties hereto may have firefighting, rescue, emergency, or disaster
relief related demands that require special assistance from
neighboring agencies; and
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WHEREAS, it is not the intention of this agreement for any
party to subsidize the normal day -to -day operations or shortages in
staffing of another participating party.
NOW, THEREFORE, it is agreed by and between the parties
that each will render special assistance to the other under the
following stipulations, provisions and conditions:
1. DEFINITION OF PARTIES
"Responding Party" shall mean the party which is requested to
furnish equipment, or personnel, or both. The other party shall be
known as the "Requesting Party."
2. STAFFING APPARATUS, EQUIPMENT. AND
ACCESSORIES:
It is agreed that each party has sufficient staff and equipment
that will be and is subject to this agreement and each party shall staff
and maintain its equipment and personnel. All equipment shall
include all appliances, accessories, and portable equipment normally
contained and carried on the apparatus. All apparatus involved in
• special assistance requests will be staffed, as a minimum, in the
following manner:
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Fire Engine 3 personnel
• ALS Rescue Vehicle 2 personnel*
Aerial Truck 2 personnel
Special Operations 2 personnel
Brush Truck 2 personnel
Dive Rescue Team 3 personnel
*(one of which shall be a Florida certified Paramedic)
3. RESPONSE TO CALL:
Special assistance will be given when officially requested (see
Official Request, Paragraph 4) so long as rendering the assistance
requested will not place the responding party in undue jeopardy.
4. OFFICIAL REQUEST:
Any request for special assistance made by the
requesting party's alarm office to the responding party's alarm office
shall be deemed to be an official request for special assistance under
this agreement and all provisions of this agreement stated herein
shall accrue at the time the responding unit is dispatched.
5. REQUEST FOR ASSISTANCE INFORMATION:
The responding party's alarm office shall be furnished with
the following information at the time that the request for assistance is
• made by the requesting party's alarm office:
(a) Name of requesting officer and agency
(b) The general nature and type of emergency
(c) The location of the emergency
(d) The type of equipment requested
(e) Street routing information when necessary
The initial request for assistance shall be transmitted by land -
line (telephone) to the appropriate dispatch/communications center of
the responding party on the following telephone lines:
TEQUESTA DISPATCH CENTER - 575 -6210
PALM BEACH COUNTY Alarm Office - 689 -1360
6. REFUSAL RIGHT:
Each participating party reserves the right to refuse a special
assistance call in the event it does not have the required equipment
available or if, in its judgement, compliance with the request would
jeopardize the protection of its own jurisdiction.
7. INDEMNIFICATION:
Except as otherwise specifically provided in this Agreement,
• the requesting party shall indemnify and hold the responding party
or parties harmless to the extent provided by law from and against
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any and all claims, demands, suits, actions, damages and causes of
• action related to or arising out of or in any way connected with
special assistance fire, rescue, emergency, or disaster assistance
rendered or performed at the requesting party's emergency or
disaster site. The City shall defend any action or proceeding brought
against the County and shall indemnify and hold the County harmess,
to the extent provided by law, from and against all costs, counsel,
and attorney fees, expenses, and liabilities incurred as a result of any
such claims, demands, suits, actions, damages, and causes of action,
including the investigation or the defense thereof, and from and
against any orders, judgments, or decrees which may be entered as a
result thereof. However, this indemnification shall not involve acts
of malfeasance, misfeasance, or dereliction of duties.
Each party shall bear its own liability and be liable for any
claims, demands, suits, actions, damages, and causes of action arising
out of or occuring during travel to or from its own or a requesting
party's emergency or disaster site and no indemnification or hold
harmless agreement shall be in effect concerning such claims,
demands, suits, actions, damages and/or causes of action.
8. SCHEDULE OF FEES:
The parties agree that upon officially requesting assistance
pursuant to this Agreement, the requesting party shall pay to the
• responding party, fees providing for in the schedule below for
equipment utilized. All fees to be paid hereunder shall commence
from the dispatch time of the responding party.
(a) Engine Company
$3,000 for the first hour or portion thereof and $1,500
for each additional hour or portion thereof,
(b) Rescue ALS Company
$2,000 for the first hour or portion thereof and $1,000
for each additional hour or portion thereof;
(c) Aerial Company
$4,000 for the first hour or portion thereof and $2,000
for each additional hour or portion thereof;
(d) Special Operations Unit /Hazardous Materials
Unit
$7,500 for the first hour or portion thereof and $3,750
for each additional hour or portion thereof;
(e) Brush Trucks
$2,000 for the first hour or portion thereof and $1,000
for each additional hour or portion thereof,
(f) Dive Rescue
$7,500 for the first hour or portion thereof and $3,750
• for each additional hour or portion thereof.
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9. MATERIALS AND SUPPLIES:
The requesting party shall, at the option of the responding
party, either replace or reimburse the responding party for the
direct cost of all materials and supplies such as foam, dry chemicals,
halon, and the like, consumed or expended by the emergency or
disaster site. The first Five Hundred Dollars ($500) worth of such
supplies noted above shall be excluded from payment and shall be
considered a part of the fees as set forth in Paragraph 8 of this
agreement.
10. PAYMENT:
Payment shall be made within thirty (30) days of invoicing
from the responding party. Any statement shall be deemed
delinquent if payment is not received at the expiration of the thirty
(30) day period. Interest at the rate of 1 1/2 % per month shall
accrue against any and all delinquent payments from the date due
until the date payment is received by the responding party.
11. CONTROL OF FIRE - RESCUE EMERGENCY
OR DISASTER SCENE:
Once the responding party reaches the requesting party's
emergency or disaster site, the requesting party's on -site Senior
Officer in Command will direct the activities and deploy companies
• 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, United
States, or of the rules of the responding party, or any order which
said office believes will unnecessarily result in the likelihood or
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.
12. TRANSFER OF POWER:
Nothing contained in this Agreement shall be construed to
constitute a transfer of powers. This agreement is solely an
Interlocal Agreement to provide services as authorized by Chapter
163, Florida Statutes, and other applicable State Statutes as noted
herein. CITY and COUNTY 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, worker's
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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 extra - territorially under the provisions of this
Interlocal Agreement.
13. SEVERABILITY:
Should any provision of this Agreement be declared invalid by
a court of competent jurisdiction, same shall be deemed stricken
herefrom and all other terms and conditions of this Agreement shall
continue in full force and effect as if such invalid provision had
never been a part hereof.
14. ENTIRE UNDERSTANDING:
This Agreement constitutes the entire understanding of the
parties with respect to provision of special assistance for firefighting
rescue, emergency, or disaster relief services. 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.
15. TERMINATIONS:
This Agreement shall be considered automatically renewed
each year unless notice is received in writing by either party sixty
(60) days prior to termination of this Agreement. Notice as stated
herein shall be considered sufficient when a written statement of
intention to terminate is sent by certified mail to the parties at the
following addresses:
For the Village of Tequesta
Chief James M. Weinand
357 Tequesta Drive
Tequesta, FL 33469
For Palm Beach County Fire - Rescue:
Chief Herman Brice
50 S. Military Trail, Suite 101
West Palm Beach, FL 33415
16. EFFECTIVE DATE:
This Interlocal Agreement shall take effect on the day
of JAN 1 R 1 92
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IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal A g reement to be entered into and executed this
day of JAN 18 1994
Attest: VILLAGE OF TEQUESTA:
�it, �• 7 1' 1 cu./b�
City Clew Mayor
Attest: PALM BEACH COUNTY,
FLORIDA
_ . � � r �e�u y Cler k
Dorothy- ilk o1}a'y Clerk Chair
' -1 ,o /.
K v0U N TY � R94 840
APPROVED,A
AND LEGAL SUFFICIENCY
L 14 U , ,, ,
County Attorney ul
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