HomeMy WebLinkAboutDocumentation_Regular_Tab 08B_11/18/1993 � --
VILLAGE OF TEQUESTA �j�' (�
� � DEPARTMENT OF FIKE-RESCUE �t� p
'� � Post Officc Box 3273 • 357 Tcyucsta Drivc ~
�. t Tcqucsta, Fic�rida 334h9-0�73 •(�107) 575-6?5(i
� � ° Fax: (407) 575-6203 �
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MEMORANDUM:
TO: Thomas G. Bradford, Village Manager
FROM: James M. Weinand, Fire Chi
DATE: October 28, 1993
RE: Interlocal Agreement
Palm Beach County is requesting approval of the attached Interlocal
Agreement. This Agreement was changed after Mayor Mackail and
myself inet with Chief Brice and Commissioner Marcus at a N.A.M.A.C.
meeting in the Village of North Palm Beach.
This Interlocal Agreement parallels the first Interlocal Agreement
approved by Council on September 7, 1993. This agreement is
considered a Special Assistance Agreement which dictates a
predetermined fee schedule if Palm Beach County Fire Rescue
utilizes the Fire Rescue services of the Village of Tequesta or we
utilize the services of Palm Beach County Fire Rescue.
The only change that I can see from the first Agreement is the
billing procedures which denotes the invoicing for services to be
completed on a monthly basis versus an annual basis.
I recommend that this item be placed on the Agenda for approval.
JMW/cm
Recycled Paper
JONES, FOSTER, JOHNSTON & STUBBS P. A.
ATTORNEVB AND COUN8ELORS
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EDWAHO qK ltEVEN J. NOTMMAN �, � ' A JOMfI
REBECCA O. D�AME VfTEA A. SACM f �- VICy1GC � •1 �
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November 1, 1993
Mr. Thomas G. Bradford
Village Manager
Village of Tequesta
Post Office Box 3273
Tequesta, Florida 33469
RE: Village of Tequesta
Interlocal Agreement for Special Assistance
Fire-Rescue Service with Palm Beach County
Our File No. 13153.1
Dear Tom:
I have reviewed the above referenced Interlocal Agreement and
approve same as to legal form and sufficiency. Please note the
typographical error at item 10 which I have noted in the
attachment.
Sincere
hn C. Randolph
JCR/ssm
Enclosure
9. �iATERIAL.� AND SUPPL.iFS:
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 Doilars (SS00) 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 agreemenc.
10. PAYMENT: �
Payment shall be made ith� irty (30j days of invoicing from
the responding party. Any st ent 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 96 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. �ONTROL OF FiRE-RESCUE EM R EN Y
4R DISASTER SCENEi
Once the responding party reaches the requesting party's
emergency or disaster site, the requesting party's on-site Senior
Officer in Command will d'uect 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 w.obey
any order which said officer reasonably believes to be either in
violarion of the laws of the State of Florida, United States, or of the
rules of the responding party, or any order which said o�ce believes
will unnecessarily result in the likel�ood 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 conswed to
constitute a transfer of powers. 'I�is agreement is solely an Interlocal
Agreement to provide services as authorized by Chapter 163, Florida
Statutes, and other applicable State Statutes as noted herein. CTTY and
COUNTY shall each retain all legislative authority with regard to their
respecdve governing body. All of the privileges and immunides from
liability, exempdons from laws, ordinances, and rules; and pensions !
and relief, disability, worker's compensapon, and other benefits which �
apply to the activity of officers, agents. or employees of any public
agency when performing their respective functions within the
' � . VILLAGE OF TEQUESTA
�� � f'ost Officc Box 3273 • 357 Tcqucsta Dnvc
",'.. Tcyucsta, Florida 334b9-0273 • (407) 575-6200
; �' � Fax: (407) 575-6203
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October 29, 1993
John C. Randolph, Esq.
Jones, Foster, Johnston & Stubbs, P.A.
P.O. Drawer 3475
West Palm Beach, Florida 33402-3475
RE: Interlocal Agreement for Special Assistance Fire-Rescue
Service with Palm Heach County
Dear Skip:
Attached hereto, please find a copy of the latest version of the
Interlocal Agreement proposed with Palm Beach County for Fire-
Rescue Services. Please review the same for legal form and
sufficiency and advise me of your opinion in this regard. The
Agreement will be considered by the Village Council at their
meeting on November 18, 1993.
Sincerely,
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Thomas G. Bradford
Village Manager
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Attachment
R<<��c1er1 Pa�ei
INTERLOCAL ACREEMENT
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
"CTI'Y" 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
� staffmg 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 condirions:
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. EOUIPMENT. 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 re.quests will be staffed, as a minimum, in the following
manner:
Fire Engine 3 personnel
AL.S 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. RF.SPnNSE TO CAL.L:
Special assistance will be given when officially requested (see
Of�cial Request, Paragraph 4) so long as rendering the assistance
requested will not place the responding party in undue jeopardy.
4. OFFICIAL REOUEST:
Any request for special assistance made by the requesting
party's alarm of�ce to the responding party's alarm of�ce shall be
deemed to be an of�cial request for special assistance under this
agreement and all provisions of this agreement stated herein shall
accrue at the time the �esponding unit is dispatched.
5. RE UEST 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) 'Ihe location of the emergency
(d) 'Ihe type of equipment requested
(e) Street routing informarion when necessary
1fie initial request for assistance shall be transmitted by land-
line (telephone) to the appmpriate 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 dces not have the required equipment
available or if, in its judgement, compliance with the request would
jeopazdize the protecdon 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 fmm and against any
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and all claims, demands, suits, actions, damages and causes of action
related to or arising out of or in any way connected with speciat
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 indecr2nify and hold the County harmess, to the extent
provided by law, from and against all costs, counsel, and attomey 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 conceming 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 51,500
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 addirional hour or porrion 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 UnitJHazardous Materials
Unit
$7,500 for the first hour or partion 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;
(t� Dive Rescue
� $7,500 for the first hour or portion thereof and $3,�50
for each additional hour or portion thereof.
9. �1ATERIAL•� AND StIPPL.IES:
The requesting party shatl, at the option of the responding party,
either replace or reimburse the responding party for the direct cost of
all materials and supplies such as foam, dry chemicals, halon, and the
like, consumed or expended by the emergency or disaster site. The
first Five Hundred Dollars ($S00) 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 with thirty (30) days of invoicing from
� the responding party. Any statement shall be deemed delinquent if
payment is not received at th� 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. ('ONTROL OF FIRE-RESCUE EMERGENCY
OR DTSASTER 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 o�cer 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
violadon 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 goveming body. All of the privileges and immunides from
liability, exemprions 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
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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. �EVERABILITY:
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 dasaster relief services. It may not be modified,
nor any of its provisions waived, unless such modi�cation 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. �FFECTIVE DATE:
'I1iis Interlocal Agreement shall take effect on the day of
IN WITNESS WHEREOF, the parties hereto have caused this
Interlocal Agneement 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 �
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ItESOLUTION N0. 4 - 93/9a
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVZNG AN INTERLOCAL AGREEMENT BETWEEN PALM
I BEACH COUNTY AND THE VILLAGE OF TEQUESTA,
PROVIDII�lC3 SPECIAL ASSISTANCE FIRE-RESCUE SERVICES
AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON
BEHALF OF THE VILLA(3E .
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
I VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORSDA, AS FOLLOWS:
' SECTION 1. The Interlocal Agreement between Palm Beach
I County and the Village of Tequesta Providing Special
Assistance Fire-Rescue Service, attached hereto as Exhibit
I "A" and incorporated by reference as a part of this
Resolution, is hereby approved and the Mayor of the Village
I 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
, who moved its adoption. The motion
was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
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�I The Mayor thereupon declared the Resolution duly passed and
I adopted this 18th day of November, A.D., 1993.
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I MAYOR OF TEQUESTA
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' i Ron T. Mackail
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I ATTEST:
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Joann Manganiello
Village Clerk
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