HomeMy WebLinkAboutDocumentation_Pension Public Safety_Tab 11_11/08/2005Betty Laur
~m; Karen Amenita [karena@hpjlaw.comj
nt: Monday, September 12, 2005 4:54 PM
To: Geraldine Genco; Ray Giblin; Edward Sabin
Cc: James M. Weinand; Gwen Carlisle; Betty Laur; Bonni S.Jensen
Subject: HB 1159 - Letter to Jupiter Inlet Colony
Lwl ~^s ~ ,c
Itr to Jupiter HB 1159.pdf Sample Release
Inlet Colony.pd... RE 1159.pdf
As requested, attached is Bonni's letter to Jupiter
Inlet Colony
regarding HB 1159. (Also attached is a copy of HB 1159 and the suggested
ordinance language).
Please contact us if you have any questions.
Karen Amenita <karena@hpjlaw.com>
Legal Assistant to Bonni S. Jensen
Hanson Perry & Jensen, PA
400 Executive Center Drive, Suite 207
West Palm Beach, FL 33401-2922
561-686-6550 (Phone)
561-686-2802 (Fax)
•
1
Page 1 of 1
Gwen Carlisle
From: Ggenco@aol.com -~~~_~__._._____. _____
Sent: Wednesday, September 21, 2005 5:35 PM
To: JForsythe@tequesta.org
Cc: gcariisle@tequesta.org
Subject: PS 175 Funds.
Gwen, this is what we need to peed for the Public Saftey Board once we get the Ordinance signed
from SIC. Since we already have an existing interlocal agreement it appears our date would be
between 10/1/05 and 1/1/06. So the sooner the better. We can send it all onto our Board once
we get something coordinated with 7IC. lust keep this memo from Patrice it explains everything!
From: Patrice Monaco [mailto:pmonaco@tequesta.org]
Sew: Wednesday, September 21, 2005 12:18 PM
To: )Forsythe@Tequesta. Org
Subject: Firefighters' Insurance Premium Tax
importance: High
I spoke with Trish Schumacher with the State of Florida, Department of Management Services,
Division of Retirement. She explained to me that the change to statute 175 takes effect
10/01/2005. As a result, if any changes are made, they would not take effect until the 2006
distribution.
• She explained that in order for the Village to collect the insurance premium tax for Jupiter
Inlet Colony, the following would have to occur:
1. JIC must pass an ordinance to levy the tax.
2. There must be an interlocal_agreement for the Ullage to provide fire protection services
to JIC which must be in effect for 12 months preceding 01/01/2006.
Copies of these 2 items must be forwarded to the State of Florida, Division of Retirement so
they can set the change up with the Department of Revenue. Then, the 2006 distribution
would reflect this change.
If additional information is needed, please let me know and I will follow up regarding this
matter.
Thank you,
~'atrice Monaca ccFo
Accounting Manager
Village of Tequesta
561-575-6206
561-575-6232 fax
GG
Hyperlink: Ggenco@aol.com
•
9/22/2005
HANSON, PERRY Sz JENSEN, P.A.
400 EXECUTIVE CENTER DRIVE, SUITE 207 -WEST PALM BEACH, FLORIDA 33401-2922
JILL HANSON*
~Jhanson~hpJlaw.com
ANN H. PERRY
aperry®hpjlaw.com
80NN1 SPATARA JENSEN
bsjensen~hpJlaw.com
'N.soAorurrEOwN.Y. September 12, 2005
Joann Manganiello, Town Clerk
Town of Jupiter Inlet Colony
1 Colony Road
Jupiter Inlet Colony, Florida 33469-3507
TELEPHONE (561) 686-6550
FACSIMILE (561) 686-2802
Re: Tequesta Public Safety Pension Fund
House Bill 1159
Dear Ms. Manganiello:
This year the Florida Legislature passed House Bill 1159 which permits municipal
• fire departments who provide all of the fire protection services to another municipality
through an interfocal agreement to collect the Florida Statute Chapter 175 premium tax
monies for the other municipality.
The Tequesta Fire Department provides all of the Fire services for the Town of
Jupiter inlet Colony. HB 1159 makes the Tequesta Public Safety Pension Fund eligible
for the Florida Statute Chapter 175 excise tax that is already paid by your residents.
Currently, these funds are retained in Tallahassee for use by the State. The law is
effective October 1, 2005. Attached is a copy of the law. The pertinent provisions are on
page 6 at lines 143 through 157 and page 8 at line 215 through page 9 line 224.
Enclosed, for your consideration, is a draft of a municipal Ordinance which would
place a reporting requirement on the insurers selling insurance within the municipal limits
of Jupiter Inlet Colony. The insurers would report the excise taxes paid within Jupiter Inlet
Colony which could then be remitted to the Tequesta Public Safety Pension Fund to fund
retirement benefits for firefighters.
This ordinance does not affect your residents in any way. Residents already pay
the tax as a part of their current insurance premiums. This legislation allows the Town to
place a reporting requirement on the insurers within the municipal limits.
On behalf of the Pension Fund, I am requesting that the Town of Jupiter Inlet Colony
•
_ __ _.
~'
Joann Manganiello, Town Clerk
• Town of Jupiter Inlet Colony
September 12, 2045
Page 2
enact the draft Ordinance into law.
If you have any questions, the Pension Fund would be happy to meet with you to
discuss this matter further. Please contact me to arrange a meeting.
Sincerely yours,
fit' ,
~_
Bonni S. Jensen
Copy to: Chairman and Secretary
Gwen Carlisle
Betty Laur
Chief James Welnand
BSJ/ka
H:1Tequesta PS 10111Chapter 17511tr to Jupiter inlet colony.wpd
•
HANSON, PERRY ~ JENSEN, P.A.
400 EXECUTIVE CENTER DRIVE, SUITE 207 -WEST PALM BEACH, FLORIDA 33401-2922
JILL HANSON"'
mjhanson'~ hpjlaw.com
ANN H. PERRY
aperry®hpjlaw.com
BONNI SPATARA JENSEN
bsjensen®hpjlaw.com
'~uwAOMfTTEO w N.Y.
MEMORANDUM
To: Board of Trustees
Tequesta Public Safety Pension Fund
From Bonni S. Jensen, Esquire
Hanson, Perry & Jensen, P.A.
Subject: House Bill 1159
Date: July, 2005
TELEPHONE (561)686-6550
FACSIMILE (561) 686-2802
HB 1159, which was passed into law during the 2005 legislative session, permits
municipal fire departments, who provide all of the fire protection services to another
municipality through an interlocal agreement, to collect the Chapter 175 premium tax
• monies from the other municipality. The law is effective October 1, 2005.
Attached is a copy of the law. The pertinent provisions are on page 6 at lines 143
through 157 and page 8 at line 215 through page 9 line 224.
PLAN OF ACTION
Determine whether your Fire Department provides all of the fire protection
services for another municipality.
2. If so, obtain a copy of the interlocal agreement to be provided to the
Municipal Police Officers' & Firefighters' Retirement Trust Funds Office
("M PF").
3. Additionally, your municipality and the Board should jointly contact the
municipality that receives your fire protection services. To qualify for the
Chapter 175 money from the other municipality, the receiving municipality
must enact an ordinance levying the tax provided for in Florida Statutes
§175.101. (attached is a copy of a sample levying ordinance from MPF).
Upon passage of the ordinance, a copy must be provided to MPF.
Please add this item to your next meeting agenda for discussion
• BSJ/ka
H:1All Miscellaneous~P,LL BDSlmrgd FF 8 PSO HB 1159.wpd
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
• ENROLLED
HB 1159, Engrossed 2
2005 Legislature
1 A bill to be entitled
2 An act relating to the Florida Retirement System; amending
3 s. 121.055, F.S.; during a specified period of time,
4 permitting local government employees who are members of
5 the Senior Management Service Class, who have withdrawn
6 from the Florida Retirement System, to elect membership in
7 the defined benefit program or the public employee _
8 optional retirement program of the system; prescribing
9 requirements in making such election; providing for
10 payment of the costs of such membership; amending s.
11 175.041, F.S.; providing that any municipality that
12 provides fire protection services to another municipality
13 under an interlocal agreement is eligible to receive
• 14 premium taxes; authorizing the municipality that receives
15 the fire protection services to enact an ordinance levying
16 the tax; authorizing the Division of Retirement within the
17 Department of Management Services to distribute the
18 premium taxes; amending s. 175.101, F.S.; authorizing any
19 municipality that has entered into an interlocal agreement
20 for fire protection services with another municipality to
21 impose an excise tax on entities that are engaged in the
22 business of property insurance; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Paragraph (b) of subsection (1) of section
28 121.055, Florida Statutes, is amended to read:
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•
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HB 1159, Engrossed 2 2005 Legislature
29 121.055 Senior Management Service Class.--There is hereby
30 established a separate class of membership within the Florida
31 .Retirement System to be known as the "Senior Management Service
' 32 Class," which shall become effective February 1, 1987.
33 (1)
34 (b)1. Except as provided in subparagraph 2., effective
35 January 1, 1990, participation in the Senior Management Service
36 Class shall be compulsory for the president of each community
37 college, the manager of each participating city or county, and
38 all appointed district school superintendents. Effective
39 January 1, 1994, additional positions may be designated for
40 inclusion in the Senior Management Service Class of the Florida
41 Retirement System, provided that:
• 42 a. Positions to be included in the class shall be
43 designated by the local agency employer. Notice of intent to
44 designate positions for inclusion in the class shall be
45 published once a week for 2 consecutive weeks in a newspaper of
46 general circulation published in the county or counties
47 affected, as provided in chapter 50.
48 b. Up to 10 nonelective full-time positions may be
49 designated for each local agency employer reporting to the
50 Department of Management Services; for local agencies with 100
51 or more regularly established positions, additional nonelective
52 full-time positions may be designated, not to exceed 1 percent
53 of the regularly established positions within the agency.
54 c. Each position added to the class must be a managerial
55I or policymaking position filled by an employee who is not
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• ENROLLED
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56 subject to continuing contract and serves at the pleasure of the
57 local agency employer without civil service protection, and who:
58 (I) Heads an organizational unit; or
59 (II) Has responsibility to effect or recommend personnel,
60 budget, expenditure, or policy decisions in his or her areas of
61 responsibility.
62 2. In lieu of participation in the Senior Management _
63 Service Class, members of the Senior Management Service Class
64 pursuant to the provisions of subparagraph 1. may withdraw from
65 the Florida Retirement System altogether. The decision to
66 withdraw from the Florida Retirement System shall be irrevocable
67 for as long as the employee holds such a position. Any service
68 creditable under the Senior Management Service Class shall be
• 69 retained after the member withdraws from the Florida Retirement
70 System; however, additional service credit in the Senior
71 Management Service Class shall not be earned after such
72 withdrawal. Such members shall not be eligible to participate
73 in the Senior Management Service Optional Annuity Program.
74 3. Effective January 1, 2006, through June 30, 2006, an
75 employee who has withdrawn from the Florida Retirement System
76 under subparagraph 2. has one opportunity to elect to
77 participate in either the defined benefit program or the Public
78 Employee Optional Retirement Program of the Florida Retirement
79 System.
80 a. If the employee elects to participate in the Public
81 Employee Optional Retirement Program, membership shall be
82 prospective, and the applicable provisions of s. 121.4501(4)
83 shall govern the election.
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ENROLLED 2005 Legislature
HB 1159, Engrossed 2
84 b If the employee elects to participate in the defined
85 benefit program of the Florida Retirement System, the employee
86 shall, u on a ent to the s stem trust fund of the amount
87 calculated under sub-sub-subparagraph (I), receive service
88 credit for prior service based upon the time during which the
89 employee had withdrawn from the system.
90 (I) The cost for such credit shall be an amount _
91 representing the actuarial accrued liability for the affected
92 eriod of service The cost shall be calculated using the
93 discount rate and other relevant actuarial assumptions that were
94 used to value the Florida Retirement System defined benefit plan
95 liabilities in the most recent actuarial valuation. The
96 calculation shall include any service already maintained under
97 the defined benefit plan in addition to the period of
98 withdrawal The actuarial accrued liability attributable to any
99 service already maintained under the defined benefit plan shall
be applied as a credit to the total cost resulting from the
.,.,, ,,,,~ ~+-; ~r Tre division shall ensure that the transfer sum is
vrepared using a formula and methodology certified by an
actuary.
(II) The employee must transfer a sum representing the net
cost owed for the actuarial accrued liability in sub-sub-
subparagraph (I) immediately following the time of such
movement, determined assuming that attained service equals the
sum of service in the defined benefit program and the period of
withdrawal.
100
101
102
103
104
105
106
107
108
109
1101 Section 2. Subsection (3) of section 175.041, Florida
111 Statutes, is amended to read:
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• ENROLLED
HB 1159, Engrossed 2
2005 Legislature
112 175.041 Firefighters' Pension Trust Fund created;
113 applicability of provisions.--For any municipality, special fire
114 control district, chapter plan, local law municipality, local
115 law special fire control district, or local law plan under this
116 chapter:
117 (3) The provisions of this chapter shall apply only to
118 municipalities organized and established pursuant to the laws of
119 the state and to special fire control districts, and said
120 provisions shall not apply to the unincorporated areas of any
121 county or counties except with respect to special fire control
122 districts that include unincorporated areas, nor shall the
123 provisions hereof apply to any governmental entity whose
124 firefighters are eligible to participate in the Florida
•125 Retirement System..
126 (a) Special fire control districts that include, or
127 consist exclusively of, unincorporated areas of one or more
128 counties may levy and impose the tax and participate in the
129 retirement programs enabled by this chapter.
130 (b) With respect to the distribution of premium taxes, a
131 single consolidated government consisting of a former county and
132 one or more municipalities, consolidated pursuant to s. 3 or s.
133 6(e) '-c-~i~eT, Art. VIII of the State Constitution, is also
134 eligible to participate under this chapter. The consolidated
135 government shall notify the division when it has entered into an
136 interlocal agreement to provide fire services to a municipality
137 within its boundaries. The municipality may enact an ordinance
138 levying the tax as provided in s. 175.101. Upon being provided
139 copies of the interlocal agreement and the municipal ordinance
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• ENROLLED
HB 1159, Engrossed 2 2005 Legislature
140 levying the tax, the division may distribute any premium taxes
141 reported for the municipality to the consolidated government as
142 long as the interlocal agreement is in effect.
143
144 (c) Any municipality that has entered into an interlocal
agreement to provide fire protection services to any other
145 incorporated municipality, in its entiret y, for a period of 12
146 months or more may be eligible to receive the premium taxes
147 reported for such other municipality. In order to be eligible
148 for such premium taxes, the municipality providing the fire
149 services must notify the division that it has entered into an
150 interlocal agreement with another municip ality. The municipality
151 receiving the fire services may enact an ordinance levying the
152 tax as provided in s. 175.101. Upon being provided copies of the
~53 interlocal agreement and the municipal ordinance levying the
154 tax, the division may distribute any premium taxes reported
155 the municipality receiving the fire services to the
156 participating municipality providing the fire services as to
157 as the interlocal agreement is in effect.
158 Section 3. Section 175.101, Florida Statutes, is amend
159 to read:
160 175.101 State excise tax on property insurance premium
161 authorized; procedure.--For any municipality, special fire
162 control district, chapter plan, local law municipality, loca
163 law special fire control district, or local law plan under t
164 chapter:
165 (1) Each municipality or special fire control district
166 this state described and classified in s. 175.041, having a
167 lawfully established firefighters' pension trust fund or
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for
ng
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s
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his
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
• ENROLLED
HB 1159, Engrossed 2 2005 Legislature
168 municipal fund or special fire control district fund, by
169 whatever name known, providing pension benefits to firefighters
170 as provided under this chapter, may assess and impose on every
171 insurance company, corporation, or other insurer now engaged in
172 or carrying on, or who shall hereinafter engage in or carry on,
173 the business of property insurance as shown by the records of
174 the Office of Insurance Regulation of the Financial Services
175 Commission an excise tax in addition to any lawful license or
176 excise tax now levied by each of the municipalities or special
177 fire control districts, respectively, amounting to 1.85 percent
178 of the gross amount of receipts of premiums from policyholders
179 on all premiums collected on property insurance policies
180 covering property within the corporate limits of such
•181 municipalities or within the legally defined boundaries of
182 special fire control districts, respectively. Whenever the
183 boundaries of a special fire control district that has lawfully
184 established a firefighters' pension trust fund encompass a
185 portion of the corporate territory of a municipality that has
186 also lawfully established a firefighters' pension trust fund,
187 that portion of the tax receipts attributable to insurance
188 policies covering property situated both within the municipality
189 and the special fire control district shall be given to the fire
190 service provider. The agent shall identify the fire service
191 provider on the property owner's application for insurance.
192 Remaining revenues collected pursuant to this chapter shall be
193 distributed to the municipality or special fire control district
194 according to the location of the insured property.
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• ENROLLED
HB 1159, Engrossed 2
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•208
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2005 Legislature
(2) In the case of multiple peril policies with a single
premium for both the property and casualty coverages in such
policies, 70 percent of such premium shall be used as the basis
for the 1.85-percent tax.
(3) This excise tax shall be payable annually on March 1
of each year after the passage of an ordinance, in the case of a
municipality, or resolution, in the case of a special fire
control district, assessing and imposing the tax authorized by
this section. Installments of taxes shall be paid according to
the provision of s. 624.5092(2)(a), (b), and (c).
This section also applies to any municipality consisting of a
single consolidated government which is made up of a former
county and one or more municipalities, consolidated pursuant to
the authority in s. 3 or s. 6(e), Art. VIII of the State
Constitution, and to property insurance policies covering
property within the boundaries of the consolidated government,
regardless of whether the properties are located within one or
more separately incorporated areas within the consolidated
government, provided the properties are being provided fire
protection services by the consolidated government. This section
also applies to any municipality, as provided in s.
175.041(3)(c), which has entered into an interlocal agreement to
receive fire protection services-from another municipality
participating under chapter 175. The excise tax may be levied on
all premiums collected on property insurance policies covering
property located within the corporate limits of the munici ality
receiving the fire protection services, but will be available
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•
•
ENROLLED
HB 1159, Engrossed 2 2005 Legislature
for distribution to the municipality providing the fire
rotection services.
Section 4. This act shall take effect October 1, 2005.
223
224
225
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ORDINANCE/RESOLUTION NO.
AN ORDIlVANCE LEVYING AND IMPOSING UPON ALL INSURERS, NOW OR
HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS OF
INSURING WITH RESPECT TO PROPERTY INSURANCE, AN EXCISE OR
LICENSE TAX IN ADDITION TO ANY TAX NOW LEVIED, OF 1.85% OF THE
GROSS AMOUNT OF RECEIPTS OF ALL PREMIUMS COLLECTED FROM
PROPERTY INSURANCE POLICIES INSURING PROPERTY WITHIN THE
CORPORATE LIMITS OF THE (MUNICIPALITY) OR LEGALLY DEFINED
BOUNDARIES) OF THE (SPECIAL DISTRICT) OF
,AND PROVIDING WHEN SAID
TAX SHALL BE DUE AND PAYABLE.
WHEREAS, the Legislature of the State of Florida, by Chapter 19I 12, Laws of Florida, 1939, created a Special
Fund known as the "Firefighters' Pension Trust Fund" and thereby authorized Municipalities falling within the
purview of said act, to levy a tax upon such insurance companies designated in said act. The said proceeds from tax
to be used in partial support of said fund, and,
WHEREAS, it is the desire of the Municipality/Special Fire Control District of
•
to put into full force and effect the provisions of said Chapter 19112 in said
municipality BE IT ENACTED BY THE (governmental entity as the charter
may require) of
Section 1. That there is hereby assessed, imposed and levied on every insurance company, corporation or other
insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of insuring with
respect to property insurance, as shown by the records of the Department of Insurance, an excise or license tax in
addition to any license tax or excise now levied by the Municipality/Special Fire Control District of
which said tax shall be in the amount of 1.85% of the gross amount of receipts
of premiums from policy holders on all premiums collected on property insurance policies, covering property within the
corporate limits of the City or legally defined boundaries of the Special Fire Control District of
Section 2. That the Iicense or excise tax herein levied shall be due and payable annually on the first day of July
~ch year hereafter.
Section 3. This Ordinance shall take effect
SUGGESTED SAMPLE FORM-PLEASE CONSULT YOUR ATTORNEY
• INTERLOCAL AGREEMENT
BY AND BETWEEN THE VILLAGE OF TEQUESTA, FLORIDA, AND
THE TOWN OF JUPITER INLET COLONY, FLORIDA, PROVIDING FOR
AN EXTENSION OF THE TERM OF THE INTERLOCAL AGREEMENT
PREVIOUSLY ENTERED INTO BY THE PARTIES DATED AUGUST 19,
1993, SAID AGREEMENT PROVIDING FOR FIREIRESCUE SERVICES
IN THE TOWN OF JUPITER INLET COLONY BY THE VILLAGE OF
TEQUESTA'S FIRE/RESCUE DEPARTMENT
THIS AGREEMENT made this 30~"'` day of ~U ~Y 2002, by, and
between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation organized
and existing under the laws of the State of Florida, hereinafter referred to as "VILLAGE",
and the TOWN OF JUPITER INLET COLONY, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter referred to as °TOWN."
• WITNESSETH:
WHEREAS, the Village and the Town entered into an Interlocal Agreement on
August 19, 1993, providing for fire/rescue services in the Town of Jupiter Inlet Colony by
the Village of Tequesta's Fire/Rescue Department; and
WHEREAS, said agreement is for a period of ten (10) years commencing on the
first day of October 1993 and extending through the 30th day of September 2003; and
WHEREAS, it is the intent of the parties to extend the term of the agreement for
an additional ten (10) years beyond the current term; and
WHEREAS, during the extended term it is the intent of the parties that all of the
terms and provisions of the Agreement, dated August 19, 1993, remain in full force and
effect, subject only to this amendment to Section Ill of the Agreement relating to term;
• and
WHEREAS, a copy of the Interlocal Agreement, dated August 19, 1993, is
hereby appended hereto and incorporated, referenced and adopted as if fully set forth
herein.
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. The Village and the Town hereby amend the Interlocal Agreement
between the Village and the Town, dated August 19, 1993, at Section III thereof relating
to term in the manner and form as follows:
SECTION III. TERM
The term of this Agreement for shall be for a period of twenty (20) years
• commencing on the 1st day of October, 1993, and extending through the 30th day of
September 2013. This Agreement may not be terminated by either party except in the
manner set forth herein.
2. All other provisions set forth in the Interlocal Agreement between the
Village and the Town, dated August 19, 1993, shall remain in full force and effect and
are hereby ratified, confirmed and adopted in their entirety.
•
2
• Executed this .3c.~ day of :_TU ~.`~ , 2002, in Palm Beach County,
Florida.
ATTEST:
,~ ~c..~'cJ~''''~
~,~~~"'`~~" Village Clerk
VILLA OF TEQUESTA, FLORIDA
By - ~ ~r~
Gera ine Gen or
ATTEST
Town Clerk
TOWN OF JUPITER INLET COLONY,
FLORIDA
By ' .~< ~c~c.
,ayor
APPROVED ~ LEGAL FORM AND SUFFICIENCY:
r )~
,~-~ f
By ~:~:~ t r/ ,,
--`Attorney for Village of Tequesta
~ ~ ~ -_
'~~ ~_-__
By ti
Attorney for own of Jupite '~nlet Colony
N:1,JCR113153-0111nterlocal Agr w Jup Inlet Colony.doc
•
3
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PESOLUTION NO. 19 - 'f2 93
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE O~' TEQUESTA, PRLM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT
BETi~EEN THE VILLAGE OF TEQUFSTA AND THE TOWN
OF JUPITER INLET COLONY FOR THE PROVISION OF
F~'IRE-RESCUE SERVICES AND AUTHORISING THE
MA.YOFt '^O EXECUTE THE SFil~lE ON BEHALF OF THE
VILLAGE.
l~ti7Y~, THEREFORE, &E IT ZE9CLVED B r TfiE 'J'ILL?iCE COUNCIL Or THE
YIILLAGE OF TEQUES'r'sa, PAT.,M BEACH COUh?'Y, ?'LOFiIDA, AS FOLLOYi'S:
Section 1. T}:e IntQrlcca? Agreement for th? Provision o_**"
Fire--RFscue Services Bet~aF•zn th~= V1 ~_iage of Tequesta and the
Town of Jupiter I'.iet Colory, at.ached hereto ss Exhibit "A" „
and ::nccrporated by reference as n part of L::is Resolution,
is hereby apprcv`d and tl-.e Mayor of t~-.e Village i=
authorized to execute the sar,:e or. behalf o'. she Village of
'~'ec~uesta .
THE FOREGOING F:ESOi,UT?J?v r1.yS OFF RFU by Cc:rciimembex
Collins ~, '.:~hc ?rc~;°r its s:c:iopticr.. T!:e
l':o4ion Was sec~rded blr Co:~n..i1i;.~.Ttibbr Schauer ~_~.,
a d UDU:`l fJel^~ p'.?L t0 a VOL~O, t~'iG t'Gte ~aa~ c6 fO1~.JWS
FOR ADOP'?'IQDT ~GATNST nDOPTIC:V
•
•
__ Rnn T. Mac~.ai_L-_~
F1 i ~ahPth A --.S.C~1211er
_ Far 1 T ~p,l~,.i n~a c,~ ,_ _ _ ~ _
'she hTS.yvI' ti:e_eupc_~ deciarrc :he Rpsoi.utica c'~lg oassed arci
aropte4 ~.^is i2th day of F.ugust, ?..D., 13y<.
MAYOR uF T::Qli;S'?'A
`~i
Ron T. :~eckail
~"'i'EST:
'~
- - --- --
~~ ann Mangani to
~<
Vi1l3c~ Clerl;
• INTERLOCAL AGREEMENT
BY AND BETWEEN THE VILLAGE OF TEQUESTA, FLORIDA, AND THE
TOWN OF JUPITER INLET COLONY, FLORIDA, PROVIDING FOR
FIRE/RESCUE SERVICES IN TAE TOWN OF JUPITER INLET COLONY
BY THE VILLAGE, OF TEQUESTA'S FIRE/RESCUE DEPARTMENT.
`~ ..-~-
THIS AGREEMENT made this ~ ~ day of /~ v~ cJS ' , 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 afire/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
• The Village, through its fire/rescue deF
protection, fire rescue, advanced life
to the Town during the term of this
service provided shall be equivalent
provided to residents of the Village.
RENDERED.
~artment, shall provide fire
support or similar service
Agreement. The level of
to the level of service
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(Bj 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 (EMSj. 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.
• Z) Should Village provide a level of
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 IX. 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 X. 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 RI. LIABILITY/INDEI~TIFICATION.
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 clam 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
•
,`~'L
EXECUTED this ~~1
County, Florida.
Attest:
1
day of ~ ~ ~ ~~ ~ 19 `) 3 , in Palm Beach
VILLAGE OF TEQUESTA,
FLORIDA
~~~ ~,,,. ~ n
V~ila*~e Clerk
(Seal)
Attest
r, ,.,~ ~ Y ~ / .>
T~oCierk
By: ;4''~+a
`~' ~ ~a,e~a~/
Mayor
TOWN OF JUPITER INLET
COLONY, FLORIDA
~-
Mayor
(Seal)
•
•
APPROVED AS TO LEGAL FORM AND SUFFICIENCY:
__ __,_
J f' ~'
. y,
_~.'= ttorne, forVillage of Tequesta
..°' %~
t,;,
~~---
Attorney fo Town of Jupiter Inlet Colony
8
•
ATTACHMENT I
•
Summary
Rescue Component
Fire Component
Base Rate
$ 23,764.00
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 X166,050.00 =
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
•
•
•
Village of Tequesta SXHISZT I
Department of Fire Rescue
1993/94 Budget
THREE FIREFIGHTERS PER SHIFT
Account Number: Title gy93 93J~4
B t R r~t~d
Personal Services
1-19-527-0-1-1200 Sala /Wa es $60,620.00 ' $323140.00
1-19-527-0-1-1400 Overtime $0.00 $f5015:p0
1-19-527-0-1-2100 Fica Taxes $4,640.00 $25-t9~a3Q
1-19-527-0-1-2210 Retirement $5,765.00 $46' ~`5;fX1
1-19-527-0-1-2300 LifeV-lealth $1,345.00 '' $51; l<tlE}
1-19-527-0-1-2400 Workers Com $4,845.00 $3t'ft~.ixl
1-19-527-0-1-2855 Ph sisals $3,640.00 ° ' t1' gq(3,Lip.
Peraonai Services Total
O eratin Ex enses
1-19-527-0-2-3101 L al Services $1,000.00 _ S~ Qtk'
1-19-527-0-2-3403 EMS Services $0.00 $~6#:Qr~:
1-19-527-0-2-4000 Travel/Per Diem $1,080.00 $;2
1-19-527-0-2-4100 Communication Serv. $21,500.00 a~ .QQi
1-19-527-0-2-4300 Utili Service $700.00 $~l" 174:
1-19-527-0-2-4403 E ui ment Leases $0.00
1-19-527-0-2-4406 Office/Mach. Maint. $0.00 `, $t>O~Ot~f
1-19-527-0-2-4500 Insurance $875.00 ! $1t',7 .Qtf
1-19-527-0-2-4601 General Maintenance $500.00 `''$4 30t3:(f0'
1-19-527-0-2-4602 Vehicle Maintenance $3,000.00 $1p 9Qf3;tla;
1-19-527-0-2-4603 Buildi Maintenance $500.00 ' '$2;50t1;i,7p
1-19-527-0-2-4607 Comm. Maintenance.. $0.00 <'>:, $2;500.t)t1<_
1-19-527-0-2-4700 Printin & Bindin $1,500.00 '. lb8D0:t
1-19-527-0-2-4900 Miscellaneous $7,500.00 S2OOOE3i
1-19-527-0-2-4901 Licenses 8~ Fees $0.00 X0.00:
1-19-527-0-2-5100 Office Su lies $1,900.00 $1'00:
1-19-527-0-2-5130 Fire Prevention Su lies $1,000.00 ';..f~,Qt3
1-19-527-0-2-5140 Safe Su lies $1,000.00 $1 .flik
1-19-527-0-2-5150 Medical Su lies $1,200.00 y1,p0E}QEf
1-19-527-0-2-5201 Gas & Oil $1,050.00 $3,50ft
1-19-527-0-2-5204 Hazardous Material Su lies $1,200.00 ' $1'Od0.Oif
1-19-527-0-2-5214 Uniforms & E ui $6,985.00 S7 485.04
1-19-527-0-2-5215 I Misc. E ui ment $2,500.00 $2 30Q.00
1-19-527-0-2-5216 Phot ra his Su lies $2,500.00 $600.OQ
1-19-527-0-2-5400 Books/Pub. Dues $1,765.00 $1 055.04
1-19-527-0-2-5401 Trainin $500.00 $g 50.00.
Q eratln nse Totat 559755.00 $240150.OQ
Ca ital0utla
1-19-527-0-3-6064 Mach/E ui ment $128,205.00 $60,000.00'
1-19-527-0-3-6713 Buildin Renovations $75,775.00 ;, ' $O.CJiO
Ca ital. Outla _ `Total 203 980.Q0 OOO.OQ
FY 9 /94 BUDGET SUMM RY
B t Totals 6344 sso.oo 6798 :oQ
I;.XHIBIT II
Village of Tequesta
Department of Fire Rescue
1993/94 Budget
• FOUR FIREFIGHTERS PER SHIFT
•
'Account Numt~er Titls :82/93 93r9a
1B t R ueatad ;
Personal Services
1-19-527-0-1-1200 Sala /VHa es $65,140.00 - $3995f0.Q0
1-19-527-0-1-1400 Overtime $0.00 525' 020.flt#.
1-19-527-0-1-2100 Fica Taxes $4,985.00 $32'fl3t}fl0
1-19-527-0-1-2210 Retirement $6,355.00 _ $5$ Z65.D0
1-19-527-0-1-2300 Life~l-lealth $1,345.00 ' a75 5p:{34
1-19-527-0-1-2400 Workers Com $5,985.00 S313,8SO.QQ'
1-19-527-0-1-2855 Ph sisals $4,730.00 x2 #~r.
::.: .
Peraonat Services Tote(- -588 .00 :: #6~ ... :?
O eratin Ex enses -.
_ __
1-19-527-0-2-3101 Le al Services $1,000.00 $2 400a
1-19-527-0-2-3403 EMS Services $0.00 !$16BQaE}%}
1-19-527-0-2-4000 Travel/Per Diem $1,080.00 SSE} f,'!
1-19-527-0-2-4100 Communication Serv. $21,500.00 t' q~!
1-19-527-0-2-4300 Utili Service $700.00 $4' fit?:
1-19-527-0-2-4403 E ui ment Leases $0.00 ,t;
1-19-527-0-2-4406 Office/Mach. Maint. $0.00 $1 t~E1.{Xk:
1-19-527-0-2-4500 Insurance $875.00 $11,770.aE3
~ 1-19-527-0-2-4601 General Maintenance $500.00 $4 30a.Qa'
i 1-19-527-0-2-4602 Vehicle Maintenance $3,000.00 Si0 900:Q
1-19-527-0-2-4603 Buildin Maintenance $500.00 $2500.flQ:
1-19-527-0-2-4607 Comm. Maintenance $0.00 $2 .00
1-19-527-0-2-4700 Printin 8~ Bindin $1,500.00 ':$800;(30`
1-19-527-0-2-4900 Miscellaneous $7,500.00 . S2,5Ut3.04
1-19-527-0-2-4901 Licenses & Fees $0.00 ~t3.t1t>`
1-19-527-0-2-5100 Office Su ies $1,900.00 >; $1 540.OQ
1-19-527-0-2-5130 Fire Prevention Su lies $1,000.00 SZt3t1.t7E~;
1-19-527-0-2-5140 Safet Su lies $1,300.00 $1' _OEf<
1-19-527-0-2-5150 Medical Su lies $1,200.00 $1 OOQ.00'
' 1-19-527-0-2-5201 Gas & Oil $1,050.00 ~' 500.QE'lr:
1-19-527-0-2-5204 Hazardous Material Su lies $1,200.00 $t`OOOOf?
1-19-527-0-2-5214 Uniforms & E ui $10,205.00 58,475.OQ
1-19-527-0-2-5215 Misc. E ui ment $2,500.00 $2 300QQ
1-19-527-0-2-5216 Phot ra his Su lies $2,500.00 5600.00
1-19-527-0-2-5400 Books/Pub. Dues $1,765.00 $1;055.f30
1-19-527-0-2-5401 Trainin $500.00 '' $6475Ot3~
' O eratin E nse Totat 563,275.00 S24t .OC
Ca italOutla
1-19-527-0-3-6064 Mach/E ui ment $166,955.00 $60 000.01}.
1-19-527-0-3-6713 Buildin Renovations $75,775.00 '$t}.00
Ca ital Outla Totat 242 730.00. 000.00
FY 9 /94 BUDGET SUMM RY
t Totals saga s.oo ;932 .04
E_
ATT~CH-:ENT y I
N ~~~ • For release:
8:30 A.M., EDT
Tuesda
y CONSUMER PRICE INDEX
19 BUREAU OF LABOR STA
T1STICS
,
,
Juno 15.1993 (
j~$ 993) SOUTHEASTERN REGIONAL OFF ICE `.
. TELEPHON E: 404.347.4d16
' All urban txnsumen
ercent Wa a semen i cMrlcel worke-a All urban consumer W e camera d clerkal r
t
' Group
ercent
U.S. eharga charge
U.S.
ercent
d+enpe
ercent
change
lami-
Fort
etcenl
chart
e
ercent
cnan
iami• ercent
F ror
eq
n:etrt
City Ma 2 . 93
Gty
Ma 92
A r.90
Lauder p
Ma 92 pe
Mat. ort ~ e
Lauder. M ~ ~Oe
_ Ave • Ma 93 Ma 93 Aver a Ma 93 Ma 93 dale Ma 93 Ma 93 dale Ma 9fi Ma
All items (1982-84.100) 144.2 3.2 0.1 141.9 3.1 0.2 139.0 4
0 •C
1 137
2
All items (1987.100)
432.0 -
x228 .
- . .
4.3
0.1
All Rems (Nov. 1977.100) - -
Food and beverages
Food _
141.8 2.5 0.3
~ -
141.1 2.5 0.4 224.1
146.1 -
5.2 0.3 223.0
ta5
2 5
3 -
Food at home 141.1 2.7
0.4
140.7 3.3 C
5 140.7
140
1 2.6
9
2 0.4 ta6.7 5.0 0.3 .
.
145.8 5.3 0.3
0.4
Food away from home
~' .
142.9 1.B 0.1 .
142.8 .
1.8 0.6
0.2 140.8
155
2 7.2
3
0 0.3
0
3 id0.2 6.9
1 O.a
Alcoholic beverages 149.5 t.4 -0.1 149.2 1.3 -0.1 .
139.3 .
8.9 .
-0
2 56.7 3.0
135
8 1
1 0.3
Flousktp
SFwMer
140.5 2.8 0.1
154
9 3
1 -0
1
137.9
2.8
0.1
129.8
29 .
•0.4 .
.
129.3 2.9 -0.7
-0
2
Renters'casb 1/2/ .
.
.
184.2 2.9 -0.~ 150.8
144.0 3.1
27 0.0
-0.2 13x.3
4
137 3.9
29 •t.0
4
3 134.2 3.8
1 .
-0.7
Rent„ res~derttial
149.9 2.5 0.1
149.5
2.5
0.1 .
128.4
3.4 -
.
1
3 30.3 3.1
128
4 3
4 •1.y
ApPanl and upkeep
Transportatan
135.0 1.4 •1.4
130
1
2 3
133.8
1,1
•1.2
14a.5
4.1 .
-3.0 .
.
145.6 5.5 1.3
-1
4
Medical Dare .
.
0.6
200.5 8.3 0.8 129.2
200.1 2.9
8.3 0.8
0.8 131.7
182
0 3.9
8
0 0.6
1
1 129.6 '~ 4.7 .
0.8
EnteAairment
Ot1wr goods and sero~ces
1a5.0 2.+ -0.2
193
2 6
6
4
143.3
2.0
-0.1 .
130.1 .
8.8 .
-0.9 181.4 g.1
131.2 8.8 1.1
-0.8
.
.
0. 193.6 6.8 0.4 1 q.0 3.2 0. t t 60.3 3.7 0
t
Purchasing ptxwer of the .
donar. t982.8a~1.00 5.693 •3.2 -0.3 5.705 -3.0 -0.1 5.719 •3.9 0.1 5.729 -4.t p,p
Group All urban cona~mera
AU Wa a earners i clerical worker
Pa ~rN change
Hems Ma 92-M 93 Pe~ent change
a boa A!I Per:ent change Percern chartpe Dom,
South (1982.84.100)
140
7 3
3 r. gi
da 93 1977.100 Menu 92-Ma 93 A r. 93-Ma 93 1977.100
I
Lsss than 50,000 pop .
.
138.7 3
5 0.4
7
0 228.2 139.3 3.2 0.4 225.7
50,000.450,000 pop .
140.0 32 .
0
5 225.3 138.8 3.4 0.7 224.8
450,000. 1,200,000 pop
142.1 3
2 .
1
0 228.8 140.1 3.2 0.8 228.7
1,200,000 or rrtota pop .
141.1 3
4 .
0
2 232.0
7
2
7 138.9 3.2 0.2 225.0
. . .
2 139.1 3.2 0.4 225.8
VOTE: Because trey are based on smaller samples, bcal area indexes are sub;ect to substanllally more
~ sampling and other me asurement erro r than
t
rtal Iroexes. BLS strongly uroes users to ransider the use of nat'x>nal indexes in esca~ator a
reements
:
rear is December 198
2 for CPI•U: December 19da for CPI•W
. g .
~ base year for Renters' costs is November 1982 for CPEU
fbvember 1 984 for CPI-W
, . CPI HOTLINE NUGBER I.S 404347.3702
•
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 CHZEF OF TH$ 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. 9-1. Creation of fire rescue department.
There is hereby created the Village of Tequesta
Ffre-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. .
• eea. 9-2. 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 tha 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 o! 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.
Sec. 9-~. 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.
]1RTICLS II. FIRE PREVSDTTI02i
Bea. 9-s. Codes adopted; copies oa file.
(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 Coda,
1992 edition. If conflict exists between the codes, the
more stringent shall be applied at the discretion o! 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. ~~
eec. 9-6. Inspections for hasards 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 Por 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.
Sec. 9-7. Fees - Annual Fire Inspection lee;
Plan Review Fee.
(i) 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 herato and
incorporated herein.
Sea. 9-8. Ordering correction of hasards;
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.
• Bea. 9-9. Fors, service of 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 lound 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 bs served
upon such owner, or his agent by delivering to and
leaving with the said person a true copy thereof, or, i!
such owner is absent from the jurisdiction o! 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.
Bea. 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.
Bea. 9-li. Accumulations endangering adjacent
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. 9-12. 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 o! 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.
Effective Date. This ordinance shall take
effect October 1, 1993.
THE FOREGOING ORDINANCE was offered by Councilmembe!'
• 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. Collines
The Mayor thereupon declared the Ordinance duly passed and
adopted this 12th day of _ August , 1993.
MAYOR OF TEQUESTA
,Q~ ~. ~n~~-~
Ron T. Macka 1
ATTEST:
~~u~
age Clerk
•
JCR\131530RD\FIRERES.ORD
•
4
•
•
azalalr ~-
lIRE INSPECTION !EE sCBEDQI.a
used Propestl Oee
Public 7lesemblyt
50-299 seating capacity - $ 55.00
300-1000 seating capacity - S 75.00
Over 1000 eeatlnq capacity - 5 95.00
Educationali
Day Care/Nursery - S 35.00
All other - $ 60.00
Zaatitutionalt
All - 5150.00
Hotel/Niotel~
Onder 25 unite - 5 55.00
25-100 unite - $ 75.00
Over 100 unite - 5125.00
Stores, Officse, Storage lac111tisee
IInder 5,000 •q. ft. - 5 35.00
5,000-15,000 sq. ft. - S 65.00
Over 15,000 sq. ft. - 5115.00
industrial, Naaufacturiaq lacilitiee~
Onder 15,000 eq. ft. - $ 65.00
Over 15,000 aq. ft. - 5115.00
Temporari Stzucturest
All - S 35.00
Commercial LP Oas lacilitieas
All - S 55.00
•
•
•
E3~IBIT "8"
FIRE-R88COE PLANS REVISIT AND
INBPECTION FE8 BCHEDDLE
The following formula, which ie based on the valuation of the proposed
work, will.ba used to determine Plans Review fees.
Bach Triplex of Four-unit Residential structure $225.00 flat fae.
$0.00 up to $10,000.00 ................ Charge .5e total valuation of
work. (This figures out to
$5.00 per thousand dollar o!
value.)
$10,001.00 to 5100,000.00 ............. Charge $50.00 for the first
510,000.00 and then charge .25t
of the balance of the value.
(This works out to be 62.50 per
thousand dollars value for the
balance.)
5100,001.00 to 5500,000.00 ............ Charge $275.00 for the first
5100,000.00 and then charge
.125• of the balance of value.
(Thi• works out to be $,1.25 per
thousand dollars of the value
for the balance.)
$500,001.00 to 51,000,000.00 .......... Charge 5775.00 for the Bret
$500,000.00 and then charge
.0625f of the balance o! the
value. -(Thi^ works out to be
562 1/2 cent^ per thousand
dollars of value for the
balance.)
$1,000,000.00 and up .................. Charge 51,087.50 for the first
million and then charge .031251
of the balance of the value.
(This works out to be $31 1/L
cents per thousand dollar of
value for the balance.)
PI.11lf REVISIONS
Pre-Permit Minor Revision: No Charge.
Pre-Permit Manor Revision: lOt of the Original Fee.
Poet-Permit Minor Revision: Minimum fee of $10.00 except when value
increases (then see schedule).
t~eatamo: 51.00 per page with a minimum fee of 510.00.
Invalid Permits: 301 of the original fee. if construction has
commenced, payment of a fee for the resuming
construction is based on the original schedule.
•
ESTIMATED VALUATION
• S 2,000.00 and under
$ 100,000.00
$ 300,000.00
$ 400,000.00
$ 500,000.00
$ 600,000.00
$ 700,000.00
S 800,000.00
S 900,000.00
$1,000,000.00
$1,100,000.00
$1,200,000.00
•
szA~Las:
PLANS RBVIEW FSEs
$ 10.00
$ 275.00
$ 400.00
$ 650.00
$ 775.00
S 837.50
$ 900.00
$ 962.50
$1,025.00
$1,087.50
$1,118.75
51,150.00
•Rf MINIMUM FES 510.00 **•
DESIGN REVIEW: A fee of $50.00 will be charged for Design Review of drawing or
specification. This amount may not be refunded.
CIVIL DRAWINGS: A fee of $25.00 will be charged for tha plans review of all
Civil Drawings.
WATER FLOW TESTS: A fee of $50.00 shall be paid for all Flow tests.
RS INSPECTION FEE: $25.00 shall be charged for reinepections which require an
additional trip to the job site.
JCR\13153080\FIRERES.EX
•