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HomeMy WebLinkAboutResolution_34-92/93_10/14/1993 RES OLUTION NO. 34 -92/93 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 Services, 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. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Will E. Burckart who moved its adoption. The motion was seconded by Councilmember Elizabeth A. Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AG AINST ADOPTION William E. Burckart J oseph N. Capretta Earl L. Collings Ron T. Mackai 1 Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of September o A.D., 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: oann Mangani. 10 Village Clerk 40 b INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT for Special Assistance • Fire- Rescue Service is made and entered into this day of 1993, 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 the City may request and receive emergency services on a fee basis; and WHEREAS, at times of fire, emergency or disaster, the City may have firefighting, rescue, emergency, or disaster relief related demands that require special assistance from the County; and WHEREAS, it is not the intention of this agreement for the • County to subsidize the normal day - today operations or shortages in staffing of the City. NOW, THEREFORE, it is agreed by and between the parties that the County will render special assistance to the City under the following stipulations, provisions and conditions: 1, STAFFING APPARATUS, EQUIPMENT, AND ACCESSORIES It is agreed that the County has sufficient staff and equipment that will be and is subject to dais agreement and 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: 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) 1 2. 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 County in undue jeopardy. 3. OFFICIAL REQUEST: • Any request for special assistance made by the City's alarm office to the County'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. 4. REQUEST FOR ASSISTANCE INFORMATION: The County's alarm office shall be furnished with the following information at the time that the request for assistance is made by the City'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 County dispatch/communications center on the following telephone lines: PALM BEACH COUNTY Alarm Office - 683 -1360 5. REFUSAL RIGHT: The County 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. 6. INDEMNIFICATION: Except as otherwise specifically provided in this Agreement, the City shall indemnify and hold the County harmless to the extent provided by law from and against 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 City's emergency or disaster site. The City shall defend any action or proceeding brought against the County and shall indemnify and hold the County harmless, 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. 2 I l The County shall bear its own liability and be liable for any claims, demands, suits, actions, damages, and causes of action arising j out of or occuring during travel to or from its own or a City's emergency or disaster site and no indemnification or hold harmless j agreement shall be in effect concerning such claims, demands, suits, I actions, damages and/or causes of action. • 7. SCHEDULE OF FEES: The parties agree that upon officially requesting assistance pursuant to this Agreement, the City shall pay to the County, 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. 8. MATERIALS AND SUPPLIES: The City shall, at the option of the County, either replace or reimburse the County 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. 9. PAYMENT: Payment shall be made with thirty (30) days of invoicing from Palm Beach County Fire Rescue. Any statement shall be deemed delinquent if payment is not received at the expriation of the thirty (30) day period. Interest at the rate of 1 1/2 % per month shall accrue 3 I against any and all delinquent payments from the date due until the date i payment is received by Palm Beach County Fire Rescue. 10. CONTROL OF FIRE - RESCUE EMERGENCY OR DISASTER SCENE: Once the County reaches the City's emergency or disaster site, • the City's on -site Senior Officer in Command will direct the activities and deploy companies in the area where the emergency exists. Control of the County's personnel shall remain with the County 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 County's personnel. The officer in command of the personnel of the County 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 County, 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 County or in a loss or damage to the County's equipment. 11. 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 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. 12. 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. 13. 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, 4 1 nor any of its provisions waived, unless such modification and /or waiver is-in writing and is agreed to and signed by both parties. 14. 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 1S. EFFECTIVE DATE: This Interlocal Agreement shall take effect on the day of i IN WITNESS WHEREOF, the parties hereto have caused this R Interlocal Agreement to be entered into and executed this day of Attest: VILLAGE OF TEQUESTA: City Clerk Mayor Attest: PALM BEACH COUNTY, FLORIDA Dorothy Wilken, County Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney 5 i «. i INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT for Special Assistance • Fire- Rescue Service is made and entered into this day of 1993, 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 the City may request and receive emergency services on a fee basis; and WHEREAS, at times of fire, emergency or disaster, the City may have firefighting, rescue, emergency, or disaster relief related demands that require special assistance from the County; and WHEREAS, it is not the intention of this agreement for the • County to subsidize the normal day - today operations or shortages in staffing of the City. NOW, THEREFORE, it is agreed by and between the parties that the County will render special assistance to the City under the following stipulations, provisions and conditions: 1. STAFFING APPARATUS, EQUIPMENT. AND ACCESSORIES It is agreed that the County has sufficient staff and equipment that will be and is subject to this agreement and 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: 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) 1 2. 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 County in undue jeopardy. 3. OFFICIAL• REQUEST: • Any request for special assistance made by the City's alarm office to the County'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. 4. RF, i1F.ST FOR ASSISTANCE INFORMATION: The County's alarm office shall be furnished with the following information at the time that the request for assistance is made by the City'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 County dispatch/communications center on the following telephone lines: PALM BEACH COUNTY Alarm Office - 683 -1360 S. REFUSAL RIGHT: The County 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. 6. INDEMNIFICATION: Except as otherwise specifically provided in this Agreement, the City shall indemnify and hold the County harmless to the extent provided by law from and against 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 City's emergency or disaster site. The City shall defend any action or proceeding brought against the County and shall indemnify and hold the County harmless, 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. 2 The County shall bear its own liability and be liable for any i claims, demands, suits, actions, damages, and causes of action arising out of or occuring during travel to or from its own or a City'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. • 7. SCHEDULE OF FEES: The parties agree that upon officially requesting assistance pursuant to this Agreement, the City shall pay to the County, 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. 8. MATERIALS AND SUPPLIES: The City shall, at the option of the County, either replace or reimburse the County 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. 9. PAYMENT: Payment shall be made with thirty (30) days of invoicing from Palm Beach County Fire Rescue. Any statement shall be deemed delinquent if payment is not received at the expriation of the thirty (30) day period. Interest at the rate of 1 1/2 % per month shall accrue 3 i i against any and all delinquent payments from the date due until the date i payment is received by Palm Beach County Fire Rescue. j 10. CONTROL OF FIRE- RESCUE EMERGENCY OR DISASTER SCENE: Once the County reaches the City's emergency or disaster site, • the City's on -site Senior Officer in Command will direct the activities and deploy companies in the area where the emergency exists. Control of the County's personnel shall remain with the County 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 County's personnel. The officer in command of the personnel of the County 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 County, 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 County or in a loss or damage to the County's equipment. 11. 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. CTIY 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 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. 12. r 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. 13. 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, 4 r nor any of its provisions waived, unless such modification and /or waiver is in writing and is agreed to and signed by both parties. 14. 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 15. EFFECTIVE DATE: This Interlocal Agreement shall take effect on the day of IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be entered into and executed this day of Attest: VILLAGE OF TEQUESTA: City Clerk Mayor Attest: PALM BEACH COUNTY, FLORIDA Dorothy Wilken, County Clerk Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney 5