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HomeMy WebLinkAboutAgreement_Interlocal_08/19/1993INTERLOCAL AGREEMENT BY AND BETWEEN THE VILLAGE OF TEQUESTA, FLORIDA, AND THE TOWN OF JUPITER INLET COLONY, FLORIDA, PROVIDING FOR FIRE/RESCUE SERVICES IN THE TOWN OF JUPITER INLET COLONY BY THE VILLAGE OF TEQUESTA'S FIRE/RESCUE DEPARTMENT. THIS AGREEMENT made this ~~ ~ day of /~ ~ ~/S~ , 1993, by and between the Village of Tequesta, Florida, municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "VILLAGE," and the Town of Jupiter Inlet Colony, Florida, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as the "TOWN." W I T N E S S E T H: WHEREAS, the Village of Tequesta owns and maintains a fire/rescue department capable of providing fire/rescue services not only to residents of the Village, but on a contractual basis, to nearby municipalities which may be in need of such service; and WHEREAS, the Town of Jupiter Inlet Colony has no fire/rescue department and desires to obtain such service from the Village of Tequesta; and WHEREAS, the Village and the Town desire to enter into this Interlocal Agreement in order to establish the duties and obligations of the parties in the provision of fire/rescue services from the Village to the Town; and WHEREAS, the Town recognizes the capital outlay and expense to maintain a fire/rescue department assumed by the Village of Tequesta and understands its obligation to defray, on a cost basis, its share of the costs of said operation. NOW, THEREFORE, in consideration of the mutual benefits to be derived by the parties, the adequacy and sufficiency of which is hereby acknowledged, the Village and the Town covenant and agree as follows: 1 SECTION 1. PURPOSE. Chapter 163, Florida Statutes, is known as the "Florida Interlocal Cooperation Act of 1969," and provides a mechanism to permit units of local government, by Agreement, to make the most efficient use of their powers to their mutual advantage. The Village and the Town have concluded that the provisions for fire/rescue services for the area of the Town can best be served, and therefore, the public safety, with regards to fire rescue, of the residents of the Town can be effectively promoted by entrance into this Interlocal Agreement. SECTION II. TERRITORY. The territory in which this Agreement shall be applicable is all of the territory located within the municipal boundaries of the Town of Jupiter Inlet Colony. SECTION III. TERM. The term of this Agreement shall be for a period of ten (10) years commencing on the 1st day of October, 1993, and extending through the 30th day of September, 2003. This Agreement may not be terminated by either party except in the manner set forth herein. SECTION IV. SERVICES RENDERED. The Village, through its fire/rescue department, shall provide fire protection, fire rescue, advanced life support or similar service to the Town during the term of this Agreement. The level of service provided shall be equivalent to the level of service provided to residents of the Village. SECTION V. PAYMENTS. A. Definitions of Payment Terms Used Herein. 1) Base Rate: This rate shall be established at the beginning of the contract and shall form the basis for calculating the Town's payment for fire/rescue costs during the contract period. This rate shall be comprised of a Rescue Component and a Fire Component. The initial Base Rate amount is $133,435.00. (See Attachment 1) Village and Town agree that the initial Base Rate is an equitable measure for services to be rendered hereunder. 2) Rescue Component: This portion of the Base Rate is for the emergency medical portion of the fire/rescue service consisting of Pre-Hospital Advanced Life Support Services and Ambulance Transportation as defined by Chapter 401, Florida Statutes, (hereinafter referred to as Emergency Medical Services 2 (EMS)).. The initial Rescue Component amount is $23,764.00. (See Attachment 1) 3 ) Fire Component: This portion of the Base Rate is for the fire portion of the fire/rescue service. The initial Fire Component amount is $109,671.00. (See Attachment 1) 4) Start-up Costs: These costs are the initial one time costs for starting up the Fire/Rescue Department. These costs are a total of $394,545.00 and the Town's total share of Start-up Costs is $71,020.00. B. Payment. In consideration for the services referenced in Section IV, each year the Town shall pay to the Village an amount equal to the Base Rate amount adjusted either up or down in the following manner: The Base Rate Amount shall be the amount due the Village for the first fiscal year of service (October, 1993 through September, 1994). Each year thereafter, the Rescue Component and the Fire Component shall be adjusted up or down from the payment for the previous contract year by annual indices from the Bureau of Labor Statistics Southeastern Regional offices for May to arrive at the cost for the next fiscal year of fire/rescue services for the Town. The Rescue Component shall use the annual Consumer Price Index (CPI) for Medical Care and the Fire Component shall use the Consumer Price Index (CPI) for all Urban Consumer-South. (See Attachment II). The annual cost of fire/rescue service for the Town shall be calculated by Village on or before the first of July each year using the latest published annual indices and promptly thereafter transmitted to Town. In the event that during the term of this Agreement the above-referenced indices are no longer published, then the parties hereto agree to substitute therefore a mutually agreeable new index. C. Start-Up Costs. The Town's share of the Start-Up Costs shall be paid to the Village by the Town in four (4) equal annual payments of $17,755.00 for the first four (4) years of the contract. The Start-Up Costs shall be added to the Base Rate as amended from year to year and shall be paid in accordance with the Payment Schedule 3 below. Village and Town agree that Town's share of the start-up costs is an equitable measure of the same. Subsequent to the initial four years of this Agreement, Town's sole payment under this Agreement shall be the Base Rate amount as adjusted in Section V(B) above. D. Payment Schedule. Payment for the fire/rescue services and the Start-Up Costs shall be made in four (4) equal payments on December 20, February 15, May 15, and August 15 of the 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 calculated from the three (3) month London Interbank Offered Rate (LIBOR) on the unpaid balance. SECTION VI. CONTRACT OPENERS A. The Town may re-open the contract at its own discretion under the following circumstances: 1) Emergency Medical Services (EMS). Should the Village elect to start their own EMS or contract with another service provider for EMS services and such action results in a request for an increase to the Rescue Component of the Base Rate by the Village, the Town may negotiate a new Rescue Component of the Base Rate or find another provider of EMS and adjust the Base Rate accordingly. 2) Should Village provide a level of service substantially lower than the level of service provided by Village during the first year of this Agreement, Town may renegotiate a new Base Rate or find another provider. 3) Should Village assume a larger service area from the service area initially serviced hereunder, excluding those areas annexed into the Village, Town may renegotiate a new Base Rate or find another provider. B. The Village may re-open the contract at its own discretion under the following circumstances: 1) New Fire Station: Should the Village decide to build a new fire station, the Village may negotiate a new Fire Component of the Base Rate as it pertains to the added costs of the fire station. This opener is limited to a one time occurrence and only to that portion of the new building associated with the fire department. The Town also has the right at this time to review the Fire Component of the Base Rate. Should the Town's percentage of contribution to the Fire Component of the Base Rate, as adjusted from year to year, increase over the Village's percentage of contribution to the Fire Component of the Base Rate, as adjusted 4 from year to year, as measured from the first year of the contract to the year the Village opens the contract because it is building a new fire station, then the Town is entitled to a downward adjustment of the Fire Component of the Base Rate, not to exceed the above percentage increase or the Town's allocation of the new fire station's costs, whichever is less. 2) Emergency Medical Services (EMS): Should the Village elect to start their own EMS or contract with another service provider for EMS service, the Village may negotiate a new Rescue Component of the Base Rate. 3) Standards for Fire/Rescue Operation: In the event of change(s) in standards governing the operation of the Fire or Rescue Components (e.g. NFPA, SPA or OSHA regulations governing staffing or equipment of fire fighters, EMT's or paramedics), which change(s) results in a Twelve and one-half (12 1/2~) percent or greater increase in the cost of operation in a given fiscal year, the Village may renegotiate the affected Component(s) of the Base Rate. SECTION VII. TERMINATION 1) New Regional Service Provider. Should a new fire/rescue provider be formed which is providing service to two (2 ) or more governmental entities in the northern Palm Beach County or southern Martin County areas, the Town may elect to join this service provider by providing the Village written notice of its intent to terminate this Agreement. Such notice shall be made eighteen (18) months prior to termination. For purposes of this section, governmental entity is defined as either a municipality or county and shall exclude existing municipal service taxing units and mutual aid agreements. 2) Elimination of Village Fire Department. In the event the Village shall elect to cease operation of its Fire Department, the Village may terminate this Agreement by providing the Town written notice of its intent to terminate this Agreement, such notice to be provided at least eighteen (18) months prior to said termination. SECTION VIII. DEFAULTS. 1) Village Default. In the event of a breach or default by the Village of the covenants and agreements hereunder, the Town shall provide notice of such breach or default to the Village and allow the Village sixty (60) days to completely cure such default. Should the Village, in fact, so fail to cure, within the time specified above, then and in that event, the Town may elect, without prejudice, not to continue with the terms of this Agreement. Should the Town enter into a contract with another provider of fire/rescue services as a result of a default by the 5 Village, the Village shall be responsible for any additional costs over the costs the Town would have paid to the Village for these services for the completion of that fiscal year; provided, Town shall attempt to mitigate any damages in negotiating a new fire/rescue contract with another provider. Either party may bring the appropriate action in the Circuit Court for enforcement of the provisions of this Agreement. In the event of litigation, any costs or expenses (including reasonable attorneys' fees) associated with said 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. 2) Town Default. Should the Town fail to make a scheduled payment as described in Section V, Paragraph D, the Village shall have the right to notify the Town that unless all payments that are due are received within the next ninety (90) days, all fire/rescue services will cease at the end of that ninety (90) day period. The Village shall have the right to pursue payment in a court of .competent jurisdiction. In the event of litigation, any costs or expenses (including reasonable attorneys' fees) associated with said 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. SECTION I%. CODE AND ADMINISTRATION. The Code of Ordinances of the Village of Tequesta as attached hereto as Attachment III as they relate to fire/rescue services and fire protection, including plan review, building inspection and fire suppression, shall be applicable within the Town of Jupiter Inlet Colony. Any changes to the Code of Ordinances as attached in Attachment III shall not apply within the Town unless approved by the Town Commission. All rules and regulations, policies and procedures, as they pertain to fire/rescue services, of the Village of Tequesta fire/rescue department shall be effective within the Town. The Village shall exercise exclusive control over the equipment, personnel, funds, contracts, appropriations, facilities, and any and all policies and operations associated with, or necessary or incidental to, the provisions of the services contemplated herein. SECTION %. DISPUTES. In the event that the Town has a dispute with respect to the Village's performance hereunder, the Town, by its governing body, mayor, manager or other appropriate municipal official, shall forward to the Village Manager, in writing, the disputed matter. In the event that the disputed matter is not addressed in a manner suitable to the Town, the Town may request of the Village Manager 6 that the disputed matter be scheduled on the next available Village meeting or workshop. SECTION %I. LIABILITY/INDEMNIFICATION. Since Village has agreed to provide fire/rescue services to Town pursuant to this Interlocal Agreement, and further Village has retained full and complete control of the provisions of the fire/rescue services hereunder, Village, therefore, agrees to indemnify and hold Town harmless from any loss, damage, or liability that Town may suffer from claims made against Town by reason of any act or omission arising out of, or in any way related to, the provision of, including failure to provide, fire/rescue services hereunder. This indemnification includes all losses, claims, demands, costs, judgments, investigative expenses, and attorneys' fees Town may incur in defending any such claim or demand. Village liability pursuant to this Agreement is subject to the limits of the waiver of sovereign immunity as specified in 5768.28, F.S. SECTION %II. SEVERABILITY. Should any section, paragraph, sentence, clause or provision hereof be held by a court of competent jurisdiction to be ineffective, such shall not affect the remaining portions of this Agreement. SECTION %III. NOTICE. All notices, payments (payable to the Village of Tequesta) and correspondence shall be sent to the following addresses, respectively: VILLAGE OF TEQUESTA c/o Village Manager P.O Box 3273 Tequesta, FL. 33469-0273 TOWN OF JUPITER INLET COLONY c/o Mayor P.O. Box 728 Jupiter, FL. 33468 7 EXECUTED this ~~~ day of fi+U~JS~ , 193 , in Palm Beach County, Florida. Attest: VILLAGE OF TEQUESTA, FLORIDA ~~~° ~.~. By; /~Gt~ ~. ~ t V~ilage Clerk Mayor (Seal) Attest: TOWN OF JUPITER INLET COLONY, FLORIDA .~ 1 ~~/~ ~/ ~j /, To~in Clerk Mayor ~~._, (veal) APPItUVED AS TO LEGAL FORM AND SUFFICIENCY: _ ~~ _~ C) or Village~of Teauesta BY: Attorney #o~ Town of Jupiter Inlet Colony 8 ATTACHMENT I Summary Rescue Component Fire Component Base Rate $ 23,64.00 109,671.00 $133,435.00 Base Rate is calculated by taking the difference between the 1993/94 Budget - Three Firefighters Per Shift (Exhibit I) and the 1993/94 Budget - Four Firefighters Per Shift (Exhibit II) Exhibit II Exhibit I Base Rate Calculations 1) EMS $166,050.00 = 932,385.00 $932,385.00 798,950.00 $133,435.00 17.809$ of the total four firefighters per shift budget 2) Fire Protection $766,335.00 = 82.19$ of the total 932,385.00 four firefighters per shift budget 3) Rescue Component $133,435.00 x .178 = $23,764.00 4) Fire Component $133,435.00 x .8219 = $109,671.00 T Village of Tequesta ~ z~~T z Department of Fire Rescue 1993/94 Budget THREE FIREFIGHTERS PER SHIFT Account Nu~-ber Title 921t~ 93/S4 t R sated Personal Services 1-19-527-0-1-1200 Sala /Wa es $60,620.00 $323,1,40.00 1-19-527-0-1-1400 Overtime $0,00 ' $15 015,00 1-19-527-0-1-2100 Fica Taxes $4,640.00 $25, i 90.00 , 1-19-527-0-1-2210 Retirement $5,765.00 >~ >; $46,275:00 1-19-527-0-1-2300 Life\Health $1,345.00 ''' $56 060.04. 1-19-527-0-1-2400 Workers Com $4,845.00 $3J180'_00 1-19-527-0-1-2855 Ph siCals $3,640.00 $1,940.00'. PeJ'&tx~81 SBr~tIEBS TGtst .SS.Qif S498x8aQ.di? O eratin Ex enses 1-19-527-0-2-3101 L al Services $1,000.00 $2,400.00 1-19-527-0-2-3403 EMS Services $0.00 $166,050'{30 1-19-527-0-2-4000 Travel/Per Diem $1,080.00 $2,350:40 1-19-527-0-2-4100 Communication Serv. $21,500.00 $1,96(}:40 1-19-527-0-2-4300 Utili Service $700.00 $4,20(?OQ 1-19-527-0-2-4403 E ui ment Leases $0.00 $0.00 1-19-527-0-2-4406 Office/Mach. Maint. $0.00 $1,OS0:(30 1-19-527-0-2-4500 Insurance $875.00 $11,774_Q4 1-19-527-0-2-4601 General Maintenance $500.00 >,$4,30000 1-19-527-0-2-4602 Vehicle Maintenance $3,000.00 $10,900.44 1-19-527-0-2-4603 Buildin Maintenance $500.00 ' X2,500.00 1-19-527-0-2-4607 Comm. Maintenance $0.00 <' !'.$2,500<00 1-19-527-0-2-4700 Printi 8~ Bindin -- ~ $},500.00 -., $800;t~'. _ _ 1-19-527-0-2-4900 Miscellaneous $7,500.00 _ ._. >$2,500f3(Y 1-19-527-0-2-4901 Licenses & Fees $0.00 $0:00. 1-19-527-0-2-5100 Office Su lies $1,900.00 . ; $1,540QQ 1-19-527-0-2-5130 Fire Prevention Su ies $1,000.00 $700;fl0 1-19-527-0-2-5140 Safe Su lies $1,000.00 ..._,___::>$1,500=t3f) 1-19-527-0-2-5150 Medical Su lies $1,200.00 _ _; $l ,t)~30OQ' 1-19-527-0-2-5201 Gas & Oil $1,050.00 >$3,5t)0;t~4} 1-19-527-0-2-5204 Hazardous Material Su lies $1,200.00 ?$1,OOE140' 1-19-527-0-2-5214 Uniforms & E ui $6,985.00 $7,485.00 1-19-527-0-2-5215 Misc. E ui ent $2,500.00 $2,300.00 1-19-527-0-2-5216 Phot ra hic Su ies $2,500.00 $600.00. 1-19-527-0-2-5400 Books/Pub. Dues $1,765.00 ' $1,055,00.: 1-19-527-0-2-5401 Traini $500.00 $6,25p_Qp d .era~ti M 1~:.:. Tt~t~t; ;~ $8,7'55,00 $24077 50.OQ Ca italOutla 1-19-527-0-3-6064 Mach/E ui ment $128,205.00 $60,OOO.flO 1-19-527-0-3-6713 Buildin Renovations $75,775.00 ;x:00 C' Ital Outla ' TotRC._. 2~3 ~#~:Q4 ~OOO.QO FY 9 /94 BUDGET SUMM RY t Totals 544 90,00 ST98 Oa ~SXHiBI'1 II Village of Tequesta Department of Fire Rescue 1993/94 Budget FOUR FIREFIGHTERS PER SHIFT Account Number TtC#e 92/93... 93194 t R nested Personal Services 1-19-527-0-1-1200 Sala /VVa es $65,140.00 $399,560W 1-19-527-0-1-1400 Overtime $0.00 >; $25 020.04 1-19-527-0-1-2100 Fica Taxes $4,985.00 -$32,83(1.00 1-19-527-0-1-2210 Retirement $6,355.00 $56,765.00 1-19-527-0-1-2300 Life~Fiealth $1,345.00 '''''$75250.(}0 1-19-527-0-1-2400 Workers Com $5,985.00 $38,830:00 1-19-527-0-1-2855 Ph sisals $4,730.00 !$2,465c00 iPerson~# Serv#ces 'Cate# $88,5at1.~ $63U,72o.4Q: O eratin Ex enses 1-19-527-0-2-3101 L al Services $1,000.00 $2,400;00> 1-19-527-0-2-3403 EMS Services $0.00 $766 050Ob 1-19-527-0-2-4000 Travel/Per Diem $1,080.00 '$2,650.Q0 1-19-527-0-2-4100 Communication Serv. $21,500.00 :''$1,960>d0 1-19-527-0-2-4300 Utili Service $700.00 ~ 200:00: 1-19-527-0-2-4403 E ui ment Leases $0.00 $0(l0` 1-19-527-0-2-4406 OfficeMlach. Maint. $0.00 $1,0.~O.t~D' 1-19-527-0-2-4500 Insurance $875.00 '$11,77f1:00 1-19-527-0-2-4601 General Maintenance $500.00 ,$4,300:04 1-19-527-0-2-4602 Vehicle Maintenance $3,000.00 $10,900Q4> 1-19-527-0-2-4603 Buildin Maintenance $500.00 $2,5000Q' 1-19-527-0-2-4607 Comm. Maintenance $0.00 .$2,500<t30', ... 1-19-527-0-2-4700 Printin & Bindin $1,500.00 ... .......... >~ $S~Ofl: 1-19-527-0-2-4900 Miscellaneous $7,500.00 $2,6U0.00' 1-19-527-0-2-4901 Licenses & Fees $0.00 $OOE?_ 1-19-527-0-2-5100 Office Su lies $1,900.00 .: $1,500:40 1-19-527-0-2-5130 Fire Prevention Su lies $1,000.00 ' $700:00: 1-19-527-0-2-5140 Safet Su ies $1,300.00 $1 500.00': 1-19-527-0-2-5150 Medical Su lies $1,200.00 _. ',$1,fl(30::00' 1-19-527-0-2-5201 Gas & Oil $1,050.00 $3 SQ~.OU 1-19-527-0-2-5204 Hazardous Material Su lies $1,200.00 $1,000;00' 1-19-527-0-2-5214 Uniforms & E ui $10,205.00 $8,475f~(1f 1-19-527-0-2-5215 Misc. E ui ment $2,500.00 $2,340.04 1-19-527-0-2-5216 Phot ra his Su lies $2,500.00 $6004Q:; 1-19-527-0-2-5400 Books/Pub. Dues $1,765.00 $1,055.0 1-19-527-0-2-5401 Traini $500.00 $6 475:Qf Q eret# ' nse Tota# ~3~'T~fl4 $24#,665.00 Ca italOutla t-19-527-0-3-6064 Mach/E ui ment $166,955.00 $60 000.04_. 1-19-527-0~-6713 Buildi Renovations $75,775.00 $4.Of3 Capital Ou##av , Total 2r42 73a.iK? $60,fl00.Q0 FY 9 /94 BUDGET SUMM RY t Tote#s 5394': .00 $932 s.00 ATTACHMENT II News For release: CONSUMER PRICE INDEX BUREAU OF LABOR STATISTICS ' 8:30 A.M., EDT, Tuesday, (1982$4.100) SOUTHEASTERN REGIONAL OFFICE June 15. 1993 May 1993 TELEPHONE: 404347.4416 ' . group U.S. Percent ercent change change U.S - ~ -~-~ -- ~~-'~~ ercent ercent chan e h ^' "'°°" w`~aum~rs lami• enCem ercent F w a eamers a clsrlcal work iami- ercent arcs City Ma 92 .93 . Gty g Ma ange c A r 93 ort Lauder- change M change Fort change chars _ Ave a Ma 93 Ma 93 Aver a Ma 93 . Ma 93 dale a Ma 93 Mar. Ma 93 Lauder- dale Ma 92 Ma 93 Mar. Ma ~ Ail item9 (1982-84.100) 144.2 3.2 0.1 141.9 3.1 0.2 139 0 4 0 -0 1 . All items (1987.100) 432.0 - - 4228 - . . _ . 137.2 4.3 0.1 al iUms (Nov. 1977.100) - - _ - - Food and beveregas 141.8 2.5 0.3 141 4 2 5 - 224.1 - 223.0 Food Food at home 141.1 140 7 2.7 0.4 3 3 . 140.7 . 2.6 0.4 0.4 14&1 146.7 52 5.0 0.3 0.3 145.2 145.8 5.3 5 3 0.3 4 0 Food away from home " . 142.9 . Q.5 1.8 0.1 140.1 142 8 3.2 1 8 0.6 140.8 72 0.3 140.2 . 6.9 . 0.4 ' Ak:ohoNc beverages 149.5 1.4 -0.1 . 149.2 . 1 3 0.2 1 -0 155.2 139 3 3.0 0.3 156.7 3.0 0.3 Hc~slrq Sheller 140.5 154 9 2.8 0.1 3 1 -0 1 137.9 . 2.8 . 0.1 . 129.8 8.9 29 -0.2 •0.4 135.8 129.3 4.1 2.9 -0.7 -0 2 Renters' costs 1l 2/ . 184.2 . . 2.9 -0 a 150.8 144.0 3.1 2.7 0.0 2 -0 134.3 4 137 3.9 29 •t.0 134.2 3.8 . -0.7 Rent, resxfen6al 149.9 2.5 0.1 149.5 25 . 0.1 . 128 4 3 4 -3.4 1 3 130.3 3.1 -1.9 Apparel and upk6ep Transportatgn 135.0 130 2 1.4 -1.4 1 3 133.8 1.1 •1.2 . 144.5 . 4.1 . -3.0 128.4 145.6 3.4 5 5 1.3 -1 4 ~~ ca-e . 200.5 . 0.6 8.3 0.6 129.2 200.1 2.9 &3 0.6 0 8 131.7 182 0 3.9 0.6 129.6 . 4.7 . 0.8 EnteAainment OUwrgoods and services 145.0 193 2 2.t -0.2 6 6 143.3 2.0 . -0.1 . 130.1 6.0 8.8 1.1 -0.9 181.4 131.2 6.1 6.8 1.1 -0 8 Purchasing power of the . . 0.4 793.8 6.6 0.4 tE3.0 3.2 0.1 160.3 3.7 . 0.1 dollar. 1982.841.00 5.693 -3.2 -0.3 5.705 -3.0 -0.1 5.719 -3.9 0.1 5.729 -4.1 0.0 Group All All urban consumers Pe^~nt change Pe~certt change D A!1 We s earners aE clerical workers South (1982$4.100) Items 140 7 Ma 92-M 93 r. fr3-Ma 93 ao. 1977.100 (tams Pe r:ent change 92-Ma 93 Percent change A r. 93-Ma 93 Dee 1977.10 Less than 50.000 pop . 138.7 3.3 3 5 0.4 7 0 228.2 139.3 3.2 0.4 225.7 ~~~' 450,000 PoP 140.0 . 32 . 0 5 225.3 198.8 3.4 0.7 224.8 450.000. 1,200,000 pop 142.1 32 . 0 1 226.6 140.1 3.2 0.8 228.7 1.200,000 or moro pop 141.1 4 3 . 0 2 232.0 138.9 3.2 Q2 225.0 . . 227.7 139.4 3.2 0.4 225.8 TOTE: Because they are base h• d on smaller s amples, local area indexe s are subje ct >n subst antially more sampling an d other me asu-erneM err th or an t r,al kdexes. BLS strongly urges users to Consider the use of rtational indexes ~, esca~aror a 1.' /ear is December 198 2 for CPI-U; December 19da for CPI•W gree ments. . 2/ ~ base year for Renters' coats is Novertrber 1982 for CP4U, fJOVOmber 1984 for CPI-W . CPI HOTLIN E NUMBER I.S 404.347 .3702 ATTAC~I ~1ENT I I I ORDINANCE NO. 459 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 9 OF THE CODE OF ORDINANCES SO AS TO PROVIDE FOR THE ESTABLISHMENT OF A FIRE-RESCUE DEPARTMENT; DESCRIBING THE POSITION OF CHIEF OF THE FIRE- RESCUE DEPARTMENT; DESCRIBING THE DUTIES OF THE CHIEF; PRESCRIBING REGULATIONS GOVERNING THE DEPARTMENT; ADOPTING FIRE PREVENTION CODES; PROVIDING FOR INSPECTIONS; PROVIDING FOR INSPECTION FEES AND PLAN REVIEW FEES; PROVIDING FOR CORRECTION OF HAZARDS; PROVIDING FOR OTHER PROVISIONS RELATING TO FIRE SAFETY WITHIN THE VILLAGE OF TEQUESTA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. Section 1. Chapter 9 of the Code of Ordinances of the Village of Tequesta relating to Fire Protection and Prevention is hereby amended in its entirety to read as follows: "ARTICLE I. IN GENERAL. Sea. 9-i. Creation of fire rescue department. There is hereby created the Village of Tequesta Fire-Rescue Department, which department shall be composed of the chief of the department and such other personnel and employees as may be appointed thereto by the village manager. Bea. 9-4. Position of chief established. There is hereby established the position of chief of the fire-rescue department, who shall be an appointive administrative official appointed by the village manager subject to the approval of the village council as established in Sections 3.02 and 3.07 of the Charter of Village. Sec. 9-3. General supervision of the department by the chief. The chief of the fire-rescue department shall have control and supervision of all the matters relating to the fire-rescue department, under the supervision of the village manager. The chief shall have the custody and control of all apparatus, machinery or .other paraphernalia of the fire-rescue department and shall have the power to use and cause to be put in service all or any part of the apparatus belonging to the fire-rescue department. Bea. 9-4. Regulations governing department. It shall be the duty of the chief of the fire-rescue department, with the approval of the village manager and the council, to make and promulgate rules and regulations governing the conduct and duties of the officers and employees of the fire-rescue department, including penalties for the violation of such rules and regulations, and such rules and regulations shall have the authority and force of law. ARTICLE II. FIRS PREVSliTION Sea. 9-s. Codes adopted; copies on fill. (1) There are hereby adopted by the village, for the purpose of prescribing regulations governing conditions hazardous to the health, safety, welfare, life and property from fire or explosion, certain codes known as the Standard Fire Prevention Code, 1991 edition, and the National Fire Protection Association (NFPA) Life Safety Code, 1991 edition and the National Fire Protection Association (NFPA-1) Fire Prevention Code, 1992 edition. If conflict exists between the codes, the more stringent shall be applied at the discretion of the chief of the fire-rescue department or his representative. (2) A copy of each of the above codes is on file with the village clerk; and the same are hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the village. Sea. 9-6. inspections for hazards authorised; regular inspections required. The chief of the fire-rescue department shall inspect, or cause to be inspected by officers or members of the fire-rescue department, all buildings and premises, and public thoroughfares, except the interior dwelling units, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions of any ordinance of the village relating to fire hazards. Sea. 9-7. Fees - Annual Fira Inspection Feo; Plan Revier Fee. (1) A fee shall be imposed by the Village for each fire inspection performed by the fire-rescue department and shall be according to the fire inspection fee schedule set forth in Exhibit "A" attached hereto and incorporated herein. (2) A fee shall be imposed for review of fire- rescue plans and for inspections for all new construction within the Village, and shall be according to the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein. Sea. 9-8. Ordering correction of hazards; compliance required. (1) Whenever the chief of the fire-rescue department or his representative shall find on any building or upon any premises, or in any public place, violations of the 1991 Standard Fire Prevention Code, the National Fire Protection Association (NFPA) Life Safety Code, 1991 edition, or the National Fire Protection Association (NFPA-1) Fire Prevention Code, 1992 edition, combustible or explosive material or dangerous accumulation or rubbish or unnecessary accumulation of waste paper, boxes, shavings or other highly combustible materials especially liable to fire, and which are so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows liable to interfere with the operation of fire-rescue or the egress of occupants in case of fire, he shall order same to be removed or remedied. Such order shall be forthwith complied with by the owner or occupant of the such place or building. 8aa. 9-9. Porn, service o! order. The order provided for in the preceding section shall be in writing and signed by the person making such inspection and shall state specifically the conditions to be remedied. Service of such order shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever the owner of the premises, building or structure is responsible for the condition that is required to be remedied, or is otherwise liable therefor, said order shall be served upon such owner, or his agent by delivering to and leaving with the said person a true copy thereof, or, if such owner is absent from the jurisdiction of the village, by mailing such copy to the owner's last known address, or if he shall have a business agent resident in the village by delivering a true copy of such order to such business agent. Sea. 9-10. Owner responsible for vacant properties. The duties imposed upon occupants of buildings and premises by this article are hereby imposed upon the owners of such buildings and premises when such buildings and premises are vacant. Sea. 9-11. Accumulations endangering adjaaeat premises. Any accumulation of wood, fuel, lumber, poles, shingles or other combustible material outside of a building shall be subject to removal or relocation upon order of the chief of the fire-rescue department whenever in his opinion the quantity~or position of the same shall increase the danger of fire to adjacent property. Sea. 9-iZ. Permits. All permits required by the Standard Fire Prevention Code, 1991 edition, and the National Fire Protection Association (NFPA-1) Fire Prevention Code, 1992 edition, will be issued at the discretion of the chief of the fire-rescue department." Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect October 1, 1993. THE FOREGOING ORDINANCE was offered by Councilmember Collin s , who moved its adoption. The Ordinance was seconded by Counc lmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Ron T. Mackail Elizabeth A. Schauer Earl L. Collins The Mayor thereupon declared the Ordinance duly passed and adopted this 12th day of August , 1993. MAYOR OF TEQUESTA . ~~ ~• ~f p~4~d~ Ron T. Macka 1 ATTEST: ~il'Iage Clerk JCR\131530RD\FIRERES.ORD 4 SZHIBIT A FIRE INSPECTION !SE SCHSDULS l~ised Property Use Public Asse~blTs 50-299 seating capacity - $ 55.00 300-1000 seating capacity - $ 75.00 Over 1000 seating capacity - $ 95.00 Educational: Day Care/Nursery - $ 35.00 All others - $ 60.00 Institutioaalt All - $150.00 Hotel/ftotel: Under 25 units - $ 55.00 25-100 units - $ 75.00 Over 100 unite - $125.00 Stores, Offices, Storage Facilities: Under 5,000 sq. ft. - $ 35.00 5,000-15,000 eq. ft. - $ 65.00 Over 15,000 sq. ft. - $115.00 Industrial, llaaufacturiaq F acilitiest Under 15,000 sq. ft. - $ 65.00 Over 15,000 sq. ft. - $115.00 Tesiporasy Structures: All - $ 35.00 Cossiercial LP Oas Facilities: All - $ 55.00 EYHIBIT "B" FIRE-RESCUB PLANS REVIEW AND INSPECTION FEE SCHEDIILB The following formula, which is based on the valuation of the proposed work, will be used to determine Plane Review fees. Bach Triplex of Fouz-unit Residential structure $225.00 flat fee. $0.00 up to $10,000.00 ............... $10,001.00 to $100,000.00 ............. $100,001.00 to $500,000.00 ............ $500,001.00 to $1,000,000.00 .......... 51,000,000.00 and up .................. PLAN REVISIONS Charge .51 total valuation of work. (Thi• figures out to $5.00 per thousand dollars of value.) Charge $50.00 for the first $10,000.00 and then charge .251 of the balance of the value. (This works out to be $2.50 per thousand dollars value for the balance.) Charge $275.00 for the first $100,000.00 and then charge .1251 of the balance of value. (Thin works out to be 51.25 per thousand dollars of the value for the balance.) Charge $?75.00 for the first 5500,000.00 and then charge .06251 of the balance of the value. (This works out to be S62 1/2 cents per thousand dollars of value for the balance.) Charge $1,087.50 for the first million and then charge .031251 of the balance of the value. (This works out to be $31 1/4 cents per thousand dollars of value for the balance.) Pre-Pera-it Minor Revisions No Charge. Pre-Permit Maior Revision: 101 of the Original Fee. Post-Peratit Minor Revision: Minimum fee of 510.00 except when value increases (then see schedule). Restamoz 51.00 per page with a minimum fee of $10.00. Invalid Permits: 301 of the original fee. If construction has commenced, payment of a fee for the remaining construction is based on the original schedule. azA~LES: $STIMATSD VALOATION $ 2,000.00 and under PLANS REVIEW FSES $ 10.00 $ 100,000.00 $ 275.00 $ 300,000.00 $ 400.00 $ 400,000.00 $ 650.00 $ 500,000.00 $ 775.00 $ 600,000.00 $ 837.50 $ 700,000.00 $ 900.00 $ 800,000.00 $ 962.50 S 900,000.00 $1,025.00 $1,000,000.00 $1,087.50 $1,100,000.00 $1,118.75 $1,200,000.00 $1,150.00 *** lIINIMUM FEE S10.00 *** DESIGN REVIEW: A fee of $50.00 will be charged for Design Review of drawing or specification. This amount spay not be refunded. CIVIL DRAWINGS: A fee of $25.00 will be charged for the plans review of all Civil Drawings. WATER FLOW TESTS: A fse of $50.00 shall be paid for all Flow testa. REINSPECTION FEES $25.00 shall be charged for reinepections which require an additional trip to the job site. JCR\131530RD\fIRERES.EX i