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Home My WebLink AboutResolution_16-90/91_05/16/1991 RESOLUTION NO. 1 6 -90/91 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR FIRE - RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY'S FIRE - RESCUE MSTU AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE OF aEQUESTA. WHEREAS, the Village Council approved the Interlocal Agreement providing for Fire - Rescue Services in the Village of Tequesta by P.3....m Beach County's Fire- Rescue MSTU dated August 28, 1990; and WHEREAS, - tl:e Village Coun ^il desires to amend the Interlocal AgrE ;._�ment so as to gua7_�antee that the County shall for the duration of the Interlocal Agreement, maintain a staffed fire station within the geographical borders of the Village; and WHEREAS, Palm Beach County Fire- Rescue staff has provided for an amendment acceptable to the Village Council and will present the sane to the Board of County Commissioners for their approval consideration. k NOW, THEREFORE, BE IT RESOL47D BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The amendment to Interlocal Agreement providing for ! Rescue Servicei in the Village of Tequesta by Palm Beach County's Fire- Res MSTU, attached hereto as "Exhibit A" a. - made a part o.f this Resolution, is hereby approved. Section 2. The Mayor is herP?oy authorized to execute the Amendment to th Interlocal Agreement on behalf of the Village i of Tequesta. THE FOREGOING RESOLUTIONS was offered by ladoption. Councilmember William E. Burckar who moved its The motion was seconded by Councilmember Earl L. Uollings and upon being put to a vote, tie vote was as foli_ jws: H FOR ADOPT AGAINST ADOPTION ^tiri 11 i am E. B ur .Tn S Q1Db. N_ COY r etja� —La1 �I.�.C Ron T. Mackail The Mayor thEreupon declared ti7a Resolution duly passed and adopted this 16t day of M , 1991. YOR OF TEQUESTA Jo ph N. Capret x Bill C. Ka ells Village e l AMENDMENT TO INTERLOCAL AGREEMENT PROVIDING FOR FIRE - RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY'S FIRE - RESCUE MSTU R 91 833 D This Amendment to Agreement (R90- 1474D) dated this day of JUN 2 5 1991 , 1991, by and between Palm Beach County, Florida, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Village of Tequesta, a municipal corporation organized and existing under the laws of. the State of Florida, hereinafter referred to as "VILLAGE ". NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto hereby agree as follows: 1. That Section 3 entitled "Services Rendered" is hereby amended to read: SECTION 3. Services Rendered The County, through its Fire Rescue MSTU, shall provide fire protection, fire rescue, advanced life support or similar service to the Village during the term of this agreement. The level of service shall not be reduced. Provided however, the Fire- Rescue Administrator or the Board of County Commissioners shall have sole authority to establish the allocation of personnel and equipment throughout the MSTU. The COUNTY shall, for the duration of this agreement maintain a staffed fire station within the geographical borders of the Village. Nothing herein shall be construed as abrogating the authority of the Board of County Commissioners. In the event the Village annexes any of the unincorporated areas of the County, then in that event the services to be provided hereunder shall extend to the area so annexed for the balance of the term of this. contract. The contract price shall be adjusted accordingly to include charges for the annexed area based upon the formula set forth herein. IN WITNESS WHEREOF, the undersigned parties have set their hands by their duly authorized officers on the date first above- ` written. ATTEST: PALM BEAC COUNTY, FLORIDA, BY ITS BOAR OF OUNTY COMMISSIONERS John B. Dunkle, Clerk By : `By : l�� Deput Clerk Chai (SEAL) R 91 8330 JUN 2 5 1991 ATTEST: VILLAG OF TEQUESTA By. �" By: Village Admini rator Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY B Y: County Attorney amend.agr r R9u 14740 INTERLOCAL AGREEMENT PROVIDING FOR FIRE- RESCUE SERVICES IN THE VILLAGE OF TEQUESTA BY PALM BEACH COUNTY'S FIRE - RESCUE MSTU AUG 281990 THIS AGREEMENT, made this day of , 1990_ by and between Palm Beach,County, Florida, a political subdivision of State of Florida, hereinafter referred to as "County ", and the Village of Tequesta, a municipal corporation organized and existing under the Laws of the State of Florida, hereinafter referred to as the "Village ". WITNESSET14: WHEREAS, the Laws of Florida, Chapter 83 -495, provides for the creation of municipal service taxing units to provide fire protection and rescue services; and WHEREAS, the Laws of Florida Chapter 83 -495, provides for the provision of services to municipalities by the municipal service taxing unit upon the execution and approval of an interlocal governmental agreement; and WHEREAS, the Board of County Commissioners of Palm Beach County, Florida by Ordinance No. 90 -3 has created said municipal service taxing unit for the provision of fire protection, fire rescue, and advanced life support (or similar services); and WHEREAS, Palm Beach County desires to increase service and the quality of service in those areas where it is necessary to do so; and WHEREAS, future growth within Palm Beach County will be accommodated by providing additional equipment and personnel so as to ensure that no area presently served by the Fire- Rescue MSTU will suffer a reduction in service or quality of service as a result of growth; and a WHEREAS, the County, and the Village, presently desire to continue the services formerly provided by the Fire- Rescue MSTU, as contemplated in the Laws of Florida, Chapter 83 -495; and WHEREAS, the Village , recognizes that it is governed by the Palm Beach County Fire Code Ordinance. NOW, THEREFORE, IN CONSIDERATION of the mutual representations, terms, and covenants hereinafter set forth, the parties hereto, hereby agree as follows: SECTION 1. Purpose The purpose of this agreement is to provide fire protection, fire rescue, advanced life support or similar service in the municipal limits of the Village, by the Fire- Rescue MSTU. Fire protection shall include but not be limited to the following services and functions: plan review; code enforcement; building inspection; fire suppression; fire investigation; and public education. � T SECTION 2. Terms The term of this agreement shall be for a period of seven (7) years commencing on October 1, 1990 and extending through September 30, 1997. This agreement may not be terminated by either party for the fiscal year October 1, 1990 through September 30,1991. Thereafter, this Agreememt may only be terminated in accordance with Section 11 hereunder, 'Renewal ". SECTION 3. Services Rendered The County, through its Fire - Rescue MSTU, shall provide fine protection, fire rescue, advanced life support or similar service to the Village during the term of this agreement. The level of service shall not be reduced. Provided however, the Fire- Rescue Administrator or the Board of County Commissioners shall have sole authority to establish the allocation of personnel and equipment throughout the MSTU. Nothing herein shall be construed as abrogating the authority of The Board of County Commissioners. In the event the Village annexes any of the unincorporated areas of the County, then in that event the services to be provided hereunder shall extend to the area so annexed for the balance of the term of this contract. The contract price shall be adjusted accordingly to include charges for the annexed area based upon the formula set forth herein. SECTION 4. Payment In consideration of the foregoing, the Village shall pay to the County, as the contract price for the first year of the contract for fire protection, fine rescue, advanced life support or similar services in the amount determined by the application of the formula set forth in Chapter 83495 of the Laws of Florida to the fiscal budget adopted by the Board of County Commissioners for each fiscal year. Thereafter, for each successive year the contract amount shall be that amount resulting from the application of the formula set forth in Chapter 83-495 of the Laws of Florida to the fiscal budget adopted by the Board of County Commissioners for each fiscal year. Any payment due hereunder shall be made within fifteen (15) days after the date the County, sends a tax disbursement to the Village. The amount to be remitted to the County Fire - Rescue Department shall be calculated as follows: Contract Amount + .95 = Tax Levy for Fire Contract. Tax Levy for Fire Contract + (Municipality Tax Levy + Tax Levy for Fire Contract) _ *% of tax disbursement which is to be remitted to the County Fire- Rescue Department *Each time a municipality receives a tax disbursement from the tax collector, this percentage of the disbursement is to be sent to the Fire- Rescue Department until the full contract obligation is met. If this payment process does not generate sufficient contract funds to the Fire - Rescue Department by June 1 of the current fiscal year, then the municipality must at that time pay the remaining outstanding contract balance using funds from whatever sources the municipality may choose. SECTION 10. Severability Should an section paragraph, sentence clause or provision hereof be held b a court of competent Y � � � P Y Pe jurisdiction to be ineffective, such shall not affect the remaining portions of this agreement. SECTION 11. Renewals This Agreement may be renewed annually commencing October 1, 1991 in the following manner: No later than May 1, 1990, the Fire- Rescue Administrator shall submit a proposed budget to the Village for the Fire Rescue MSTU. The Village shall have until February 1, 1991 within which to exercise its option to terminate the contract for the fiscal year commencing October 1, 1991. Thereafter, upon receipt of the proposed budget from the Fire Rescue Administrator on May 1, the Village shall have four (4) months until the following September 1 within which to exercise its option to terminate the contract for the fiscal year commencing thirteen (13) months thereafter. SECTION 12. Litigation Expenses Any cost, or expenses (including reasonable attorneys' fees) associated with litigation concerning the terms or conditions of this agreement shall be borne by the non - prevailing party, provided however, that this clause pertains only to the parties to this agreement. IN WITNESS WHEREOF, the County of Palm Beach, Florida, has caused these presents to be executed by the Chairman of the Board of County Commissioners of Palm Beach County, Florida, and the seal of said Board to be affixed hereto and attested by the Clerk of the said Board, pursuant to authority granted by said Board, and the Village, has caused these presents to be executed by its Mayor pursuant to authority granted by its goveming body. ATTE T: i ,� �u�, B Village A inistrato Mayor ATTEST: x'90 1474 Deputy �` %,,,hi;'t,r.hN, BEA COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFICIENCY County Attorney