HomeMy WebLinkAboutAgreement_General_07/08/2013 INTERLOCAL AGREEMENT FOR FIRE RESCUE SERVICES I 2013
INTERLOCAL AGREEMENT FOR FIRE RESCUE SERVICES BY AND BETWEEN
THE VILLAGE OF TEQUESTA AND THE TOWN OF,TUPITER INLET COLONY
THIS INTERLOCAL AGREEMENT is entered into this �Y day of August, 2013,
effective October 1, 2013, between the Village of Tequesta, a municipal corporation organized
and constituted in accordance with the laws of the State of Florida, hereinafter referred to as the
"Village" and the Town of Jupiter Inlet Colony, a municipal corporation organized and
constituted in accordance with the laws of the State of Florida, hereinafter referred to as the
"Town".
WITNESSETH:
WHEREAS, Section 163.01, Florida Statutes, allows governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis
of mutual advantage; and
WHEREAS, the Village and the Town previously entered into an Interlocal Agreement
dated August 19, 1993 for the provision of Fire Rescue Services to the Town by the Village (the
"1993 Interlocal"); and
WHEREAS, the 1993 Interlocal was amended on July 30, 2002 by mutual agreement of
the Village and the Town solely to extend its Term through September 30, 2013; and
WHEREAS, the Village and the Town both desire to enter into this new Interlocal
Agreement for the provision of fire rescue services for the mutual benefit of both parties.
NOW, THEREFORE, for and in consideration of the mutual covenants and promises
contained herein to be kept and performed by the parties hereto, it is agreed as follows:
1. RECITALS: The above recitals are true and correct.
2. SERVICES TO BE PROVIDED: The Village shall provide Fire Rescue Services
to the Town at all times during the term of this Interlocal Agreement. The level
of service provided shall be equivalent to the level of service provided to residents
of the Village who reside on or near Beach Road.
3. DEFINITIONS: For the purposes of this Interlocal Agreement, Fires Rescue
Services shall include Emergency Medical Services (EMS); Emergency Transport
Services (AI.S and BLS); and Fire Protection Services, all of which are defined as
follows:
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1NTERLOCAL AGR6EMENT FOR FIRB RESCUB SBR�ICES � 20Y3.
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Ernergency Medical Services (EMS):Any emergency medical treatment
provided by certified paramedics and/or EMT's whether or not bc�dy
invasion and/or any life support equipment is uCilized.
Emergency Transport Services (A.LS and BLS): The transport of a patient
by a permitted Advance Life Support Vehicle in �,ccordance with Ch. 401,
Florida Statutes. Transportation shall be provided by Tequesta Fire
Rescue resources to the most appropriate medical facility.
Fire Protection Services: Suppression activities, the appTication of
mitigating systems and investigation of fire and its related emergencies,
including the prevention of fires through the enforeement fire codes,
buildin� compartmentalization, research and development of t�e hazards
associated with �res.
4. FIRE RESCUE SERVICES: The Village will be responsible for responding to all
calls for Fires Rescue Services within the corporate limifis of the Tow� and will
provide the same level of service to the Town as it provides for the Village's
residents who reside on or near Beach Road. Response times shall be no less than
those enjoyed by Village residents residing on Beach Road. The Village's
ordinances, standards, policies and pracedures sha11 govern all responses and
� services provided.
5. PRUCEDURES FOR REQUESTS FOR ASSISTANCE: Any request for
assistance made by a resident or visitor of the Tnwn to the Villa�e�s
communications center directly or through the 911 system shall be deemed to be
an official request for assistance under this Interlocal Agreement.
b. FEES: The Town agrees to pay the Village for all services in accordance with the
following:
A. The Town shall pay an annuai fee to the Villa�e far
each of the twenty (20) years of the term of this Intetloca}
Agreement as detailed below:
B. For each of the first five (5) years of this Interlocal
Agreement, the annual fee shall be Four Hundred Thousand
Dollars ($400,�0.00) per year, There are no fee increases
or adjustments, or any other monies dne to the Village ftom
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INTERIACAL AGRBSMENT FOR FlRB RESCUE SERVICES � 2013
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the Town for years one (1) through five (5) for the
provision of Fire Rescue Services, except for interest on
late payments as detailed below.
C. Beginning in year six (6) of this Interlocal
Agreernent, and for each year thereafter through and
including year ten (10), the annual fee shall be an amount
eyual to the previous year's annuaZ fee increased by four
percent (4%). The Village shall notify the Town in writin,g
of the incre�se as provided in this section ninety (90) days
prior ta implementation.
D. Beginning in year eleven (11) of this Interlocal
Agreement, and for each year thereafter thraugh and
including year twenty (20), the annual fee shall be an
amount equal to the previous year's annual fee increased by
six percent (6%j. The Village shall notify the Town in .
writing of the increase as provided in this section ninety
(90) d�ys prior to implernent�tion.
Each annual fee shall be paid in quarterly inst�llinents on Decem�er 2O,
February 15, May 15 and August 15 of the conttact / fiscal year that the services
are provided. In the event payment is not made on or before the above dates, the
Town Shall pay a compounded daily interest rate caicutated from the three (3)
month London Interbank Offered Rate (LIBORj on the unpaid balance.
All fees far ambulance transport (ALS and BISj shall be at the same rate
charged to the residents of the Village; shall be charged directly to the patient
utilizing the service; and shall be billed, +collected, and retained in fuli by the
Village as compensation for rendering such services.
7. TERM: It is understood by both parties that this Interlocal A�reement is for a
term of twenty (20) years, commencing on October 1, 2013 and continuing
therea�ter umtil September 30, 2�1��3.
8, TERMII*1ATION:
A, During years one (1) through ten (10) of this Interlocal Agreement
(Oct�ber 1, 2413 through September 30, 2Q23), this Interlocal Agreement
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IN'fERLOCAL AGREEMfiNf FAR�1R�RESCUE SERVICES 2U13
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may not be terminated except by the Village in the event the Village elects
to cease operation of its Firef Rescue Department. In such an event, the
Village shall provide the Town with written r�otice at least eighteen (18)
months prior to such termination.
B. During years eleven (11) through twenty (20) of this Interlocal
Agreement (October 1, 2023 thro�gh September 30, 2033), the Town may
elect to terminate this Interlocal Agreeraent by providing the Village
written notice of its intent to terminate this Interlocal Agreement. Such
notice shall be made eighteen (18)months prior to termination.
9. RENEWAL: This Interlocal Agreement may be renewed for additional periods of
time upon mutual con�enC of the parties, which consent must be reached by the
parties an or before January 31�` 2033 unless written notice of tsrminatic�n is
provided in accordance with Paragraph 8 hereinabove, In the event that this
Interlocal Agreement is nat renewed, it shall automatically terminat� at khe e�d of
the twenty (20) year period at 11:59:59 p.rn. on September 30, 2033. Hawrever,
nothing contained herein shall prevent the parties from negotiating a new
interlocal agreement at any time.
10. NOTICES: All notic�s required in this Int�rlocal Agreement shall be sent to the
parties at the foliowing addresses:
Villa e of Te uesta Town of Ju iter Inlet Colon
345 Tequesta Drive 1 Colony Road,
Tequesta, Florida 33469 Jupiter Inlet Colon�, Florida 33469
Attention: Villa e Mana er Attention: Town Administrator
11. NO TRA.NSF�R: This Interlocai Agreement shall nat be assigned or transf�rred
by either party,
12. GOVEFtNMEPJTAI, POVVERS: l�Tothing contained in this Interloeal Agreement
shall be construed to constitute a transfer of powers in any way whatsoever. This
Interlocal Agreement is solely an interloc�l agreement to provide servic�s as
authorized by Chapter 163, Florida Statutes. The Viilage's and the Town's
governing bodies shall each retain all legislative anthority with regard to their
respective governing body. All of the privileges and immunities frorn liability,
exemptions from laws, ordinances and rules, and pensians and relief, disability,
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1NTERLACAL AGREEMEly7'FOR F[RE RESCUB SERVICES � 2D13
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workers compensation and other bene�ts which �pply to the activity of officers,
agents or employees of any public agency when perforrning their respe�tive
functions within the territorial limits for their respective agencies shall apply to
the same degree and extent to the performance of such functions and dutt�s of
such of�cers, agents or employees extraterritorially under the provisions of any
such interlocal agreement.
13. GOVERNING LAW: This Interlocal Agreement and any dispute, disagree�nent,
�or issue of construction, declaration or interpretatiori arising hereuncter whether
relating to its execvtion, its validity, the obligations prouided herein, performance
or breaeh, shall be governed and interpreted accarding to laws of the State of
Florida. Any and all action necessary to enfore� this Interlocal Agreement vvill be
held in Palm Beach County, Florida. If any action whether in law, equity or
otherwise is brought for the interpretation or enforcement of this Intetlocal
Agreement, or because of an alleged dispute, breaeh, default or misrepresentation
in connection with any provisions of this Interlocal Agreement, the successful or
prevailing party or parties shall be entitled to recover reasonable attorney's fees,
court costs and all expenses (including taxes) even if not taxable as court costs
(including, without limitation, all such fees, costs and ex�ens�s incidant ta
appeals), incurred in thai action or proceedin�, in addition to any other relief to
which such party or parties may be entitled.
14. DEFAULT; REMED�ES: Should either party to this Interlocal Agreement faii to
comply with a�y of the terms and eonditian� set farth herein other than �he la�e
payment or termination clauses which shall be strictly constru�d, such failure
shall constitute a default. An opportunity to cure such a default within thirty (3a)
days (unless both parties agree that a longer period of time is necessary under the
circumstances) shall be allowed by the non-de�'aulting party. Failure to eure
within said period of tirne by the defaulting party shall constitute a maCerial
breach �nd the non-defaulting party may terminate this Intcrlocal Agreernent
immcdiatelX w�th written natice to the other part�. No remedy herein conferFed
upon any party is intended to be exclusive of any other remedy, and each and
every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by
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!N7'EItLOCAL AGRE8M6NT k�R F1RE RBSCU�SBRY}CBS 2013
statute ar otherwise. No single or partial exercise by any party of any right,
power, or remedy hereunder shall preclude any other or further exercise thereof.
15. INDEMNIFTCATIOi�T: To the extent permitted by law, the Village .shalf
indemnify and hold the Town harmless for any liability or causes of action for
damages which may arise from the ne�ligent acts or omissions of the Village's
employees in tha performance of this Interlocal Agreement. Likewise, ko the
extent permitted by law, the Town shall indemnify and hold the Village harmless
for any liability or causes of action for damages which may arise from the
negligent acts or omissions of the Town's employees in the performance af this
Interlocal Agreement. Nothing in this �rovision shall be construed as consent by
the Village or by the Town to be sued, or as a waiver of sovereign immunity
beyond the limits provided for in Section 768.28,Ftorida Statutes.
16. JOINT PREPARATiON: The preparation of Chis Interlocal Agreemen�t h�s been
a joint effort of the parties, and the resulting document shall not, sole�y as a matter
of judicial eonstraint be construed more severely against one (1) of the parties
than the other.
17, SEVERA.BILITY: Should any provision of this Interlocal Agreement be declared
invalid by a court of competent jurisdiction, same shall be deemed stricken.
herefrom and all other terms and conditions of this Int�rlocal Agreement shall
continue in full force and effect as if such invalid provisian had never been made
s part thereof
18. NO WAIVER DUE TO DELAY: I�To delay be either parCy in �nforcing any
covenant or right hereunder shall be deemed a waiver of such covenant or rigl�t,
and no waiver af any particular provision hereof shall be cieemed a waiver af any
other provision or a continuing waiver of such particular provision, and except as
so expressly waived, all provisions hereof shall continue in full force and effect.
19. PUBLIC RECORDS: Both the Village and the Town shall comply vvith ail
requirements of Chapter 119, Florida Statutes, with regard to this Interlocal
Agreement and any supporting or ancillary public records related Chereto.
2U, ENTIRE UNDERSTANDING: This Interlocal Agre�ment constitutes the entire
understanding of the parties with respect to the provision of EMS, ALS and B�S
Transport Servi�ces, Fire Protection and other fire related assistance. It may not be
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INTERLOCAL AGREEMEMT FOR FIRE RESCUB SERVICBS � 2013
rr�w���r�i�mir���irr�r��rr��� ���� ����u���i�n
modified, nor any of its provisions waived unless such modification and/ar w�iver
is in writing and is agreed to and signed by both parties.
21. FILING WITH CLERK OF COURT: This Interlocal Agreement shall be signed
in triplicate 6y both parties and filed for record by the Village, with the Clerk of
the Circuit Court of Palm Beach Cuunry, Florida pursuant to Section 163A1,
Florida Statutes.
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INTERLOCAL AGREEMENT FOR FIRE RESCUE SERVICES I 2013
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this �7
day of August, 2013.
ATTEST: ,••�`"PGE"QF... VILLAGE OF TEQU TA
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,J��'•GORP'' �.
(k. (1'1(',(,t�(I�GE�%rti �'p`�Q''' % -� � ,�
LORI MCWILLIAMS, IV��, ,N��9 ,4 m;�" �� Y B NN � YOR
VILLAGE CLERK =-i� '°09�� .r�-�_
,%��`� rF� ,
(VILLAGE SEAL)��''�.,,O�c'�••19 pP����,•`�`:
''���nL,�,R»r�.
APPRO A ,T RM APPROVED AS TO T�RMS
LEG FFI�ENCY`�� CO NS ��
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i� � �
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IT W. DAV , - �fT Y J S EINAND, FIR � CHIEF
DATE: � ��f ��'��
ATT�ST: � T N OF JUP T R INL COLONY
f �
�ASPE TAORMINA, TOWN CLERK DANI L J. MERFO , I, MAYOR
(TOWN SEAL)
APPROVED AS TO FORM AND
LEG SU
% c
WILLIAM P. DONEY, TOWN A NEY
DATE: ��- �.O l
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