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HomeMy WebLinkAboutResolution_25-92/93_09/07/1993 R ESOL U TION NO. 25 - 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 Collings , who moved its adoption. The motion was seconded by Councilmember Bu and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Ron T. Mackail Elizabeth A. Schaue William E. Bu Earl L. Col The Mayor thereupon declared the Resolution duly passed and adopted this 7th day of September, A.D., 1993. MAYOR OF TEQUESTA I Ron T. Mackail A`iTFS'I': I Dann Manganiello Village Clerk DRAFT INTERLOCAL AGREEMENT c 111 1 1 j 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 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 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: 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) J ' 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. S. 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 - 683 -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 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 • requesting party shall defend any action or proceeding brought against the responding party and shall indemnify and hold the responding party or parties harmless 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, dama -es, and causes of action arisinc 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. 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: On March 1, following the date of this agreement and each year subsequent during the period of this agreement, CITY and COUNTY shall reconcile charges made pursuant to this agreement and the balance due by either of the respective parties shall be paid to the other by April 1 of that year. 11. CONTROL OF FIRE - RESCUE EMERGFNCI' OR DISASTER SCENE: Once the responding party reaches the requesting party's emergency or disaster site, the requesting party's on -sits 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 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 pan 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 , Y 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 IN WITNESS WHEREOF, the parties hereto have caused this Interlocal Agreement to be entered into and executed this day of WITNESSES: VILLAGE OF TEQUESTA: Mayor WITNESSES: PALM BEACH COUNTY, FLORIDA Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY . County Attorney