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HomeMy WebLinkAboutDocumentation_Regular_Tab 09D_04/08/2004 ij ;j , li ` i� ,; i; Ii �� � � RESOLUTION NO. 35-03/04 i t; ii �! A RESOLUTION OF THE VII..LAGE COUNCIL OF �; "" THE VII.LAGE OF TEQUESTA, PALM BEACH !� �� COUNTY, FLORIDA, APPROVING AN !! INTERLOCAL AGREEMENT BETWEEN THE �' PALM BEACH COUNTY FIRE RESCUE, FOR iE � MUTUAL ASSISTANCE AND MUTUAL AID, ?i ESTABLISHING ADDITIONAL EMERGENCY '' SERVICES DEPTH. i� i� ; NOW, THEREFORE, BE IT RESOLVED BY THE VII.LAGE COUNCIL OF �? THE VII..LAGE OF TEQUESTA, PALM BEACH COUNTY FLORIDA, AS �� FOLLOWS: , !, �; �' Section 1. An Interlocal Agreement with Palm Beach County Fire Rescue attached �; hereto as E�ibit "A" and incorporated by reference as part of this Resolution is ;; hereby approved. �; �i j; THE FOREGOING RESOLUTION WAS OFFERED by Council Member '; , who moved its adoption. The motion was seconded by ; Council Member , and upon being put to a vote, the vote was ;; as follows: :� FOR ADOPTION AGAINST ADOPTION ; ,; �; i; �� i� i� i; ': ! i; �� The Mayor thereupon declared the Resolution duly passed and adopted this 8�' day i; �i of April, A.D, 2004. i: ;� ` MAYOR OF TEQUESTA ; Pat Watkins '� ATTEST: Mary Miles, Village Clerk �: Mernc�rar�d�t� TO: MICHAEL R. COUZZO, VILLA.GE ER FR(�l: JAMES M. WEINAND, FIRE CHI SUBJECT: INTERLOCAL AGREEMENT WIT P BEACH COUNTY FIRE RESCUE L?ATE: 03/26/2004 Attached you will find a proposed Emergency Services Agreement with Palm Beach County Fire Rescue for Mutual Assistance and Automatic Mutual Aid, for Village Council's consideration. Our existing Interlocal Agreement for Mutual Aid with Palm Beach County Fire Rescue, which was executed on January 18, 1994, is a fee based Agreement. Whereas either party would pay for the apparatus requested. Fees ranged from $2,000.00 per hour for an ambulance and up to $7,500 per hour for a Hazardous Material Unit. I'm pleased to report that the attached Agreement memorializes months of negotiations and provides for mutual assistance to each other for Fire Suppression, Emergency Medical. Services and Techni.cal Rescue free of charge. Hazardous Material response is funded from an assessment on the Solid Waste Authority, therefore this service is also provided at no additional cost to the Village of Tequesta. Passage of this Agreement will provide for additional emergency services depth, assist with lowering fire insurance rates for our residents and business owners, and provide a higher degree of safety for our citizens and firefighting personnel. I recommend that this agreement be forwarded to the Villaqe Council for their consideration and I will be happy to answer any concerns that you may have. M:\Administration Documents\Village Manager\Couzzo Interlocal Aqreement with Palm Beach County.doc e , - �; �: , , � EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE AND AUTOMATIC AID BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA THIS AGREEMENT is made and entered into this day of , 2004, by and between PALM BEACH COUNTY, FLORIDA , a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners and the VILLAGE OF TEQUESTA, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "Village"). WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue Department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for � mutual assistance/automatic aid in times of emergency where the need created may be too great for sither party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. NOW, THEREFORE, it is agreed by and between the parties that each will render mutual assistance and automatic aid to the other under the following stipulations, provisions and conditions: Section 1. Request for Aid/Assistance: The County and the Village agree to provide assistance to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement, and to formulate automatic aid plans and _ rocedures under Section 3. The assistance/automatic aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested so long as rendering the aid and assistance requested will not place the assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The general nature, type and location of the emergency; and b. The type and quantity of equipment and/or personnel needed; and c. The name and rank of the person making the request. All requests shall be directed through the respective parties' emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is (561) 616-7008. The Village representative and contract monitor during the performance of this Agreement shall be the Chief of the Fire Rescue Department, whose telephone number is (561) 744-4051. Section 3. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of perfonnance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop automatic aid plans and procedures, including areas to be serviced and type and/or level of response, when the Fire Chiefs have deternuned that improved response times or other forms of efficiency within their respective jurisdictions and/or service areas �nay be achieved. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. 2 �� �, , � t. Section 4. Ability to Respond: Each party may refuse to respond to a request for aidlassistance in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Section 5. Employee Functions: No employee of either party to this Agreement shall perform any function or service which is not within the employee's scope of duties as defined or determined by the employee's employer. Section 6. Employee Clauns, Bene�ts, etc.: No employee, officer, or agent of either party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they aze employed. No employee of either party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 8. Liability for Injury: All the privileges and immunities from liability, exempdons from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of either party when perfornung their respective functions, within the tenitorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel; and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 9. Indemnification: Each party shall be liable for its own actions and negligence nd, to the extent pernutted by law, County shall indemnify, defend and hold harmless the Village against any actions, claims or damages arising out of County's negligence in connection with this 3 � � Agreement and the Village shall indemnify, defend and hold harnlless the County against any actions, claims or damages arising out of the Village's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Section 10. Remuneration: All costs associated with providing services under this Agreement shall be the responsibility of the agency rendering aid/assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency �s a matter of courtesy. The parties further agree that the agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. The parties will not be required to provide copies of transport fee invoices to the other P�Y• Section 11. Effective Date and Term: This Agreement shall take effect upon approval by both parties and expire on September 30, 2010, unless sooner texminated as provided herein. Section 12. Notice of Termination: Either party to this Agreement may, upon ninety (90) days prior written notice to the other, ternunate this Agreement for any reason or for no reason at all. Section 13. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating proj ected location(s) and anticipated time 4 � _ 3 frarnes for construction of future fire stations within their respective jurisdictions andlor service ueas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 14. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of the other. Section 15. Modification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 16. Entirety of Agreement: 1'his Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 17. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the ;eneral public benefitting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 18. Annual Appropriations: Each parties' performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective goveming body for the purposes hereunder. Section 19. Remedies: This agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every 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 statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 20. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain 5 '' records associated with this Agreement, including, but not limited to, all accounts, financial and �echnical records, research or reports, in accordance with Florida law. Section 21. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 22. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the other party. Each party will cooperate with the other in the defense of any suit or action arising out of, or related to, the aid or assistance rendered under this agreement. Section 23. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 and if sent to the Village shall be mailed to: Village of Tequesta Fire Department Fire Chief 357 Tequesta Drive Tequesta, Florida 33469 Each party ma.y change its address upon notice to the other. Section 24. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 2S. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 26. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. 6 �' . � � ' ; � Section 27. Delegation of Duty: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or Village officers. Section 28. Severability: In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 29. Termination of Existing Agreements The parties hereby agree that the interlocal agreement for special assistance between the parties dated January 18, 1994 (Contract No. R94-84D) shall be terminated as of the effective date of this Agreement. Remainder of Page Left Intentionally Blank 7 � ; ' � IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. PALM BEACH COUNTY, FLORIDA, ATTEST: BY ITS BOARD OF COUNTY DOROTHY H. WILKEN, Clerk COMMISSIONERS By: g Deputy Clerk Karen T. Marcus, Chair APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: g County Attorney Fire-Rescue ATTEST: VILLAGE OF TEQUESTA, FLORIDA By: B Mary Miles, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Scott Hawkins,Village Attorney H:\Mutual Aid Agreements\Tequesta\Tequesta Final - March 11, 2004.wpd $