R98-024RESOLUTION NO. R98-,,¢',,/
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT FOR
EMERGENCY SERVICES BETWEEN THE CITY OF
BOYNTON BEACH AND THE CITY OF BOCA RATON,
PROVIDING FOR MUTUAL ASSISTANCE AND
AUTOMATIC AID, AND PROVIDING AN EFFECTIVE
DATE.
Fire-Rescue
WHEREAS, each of the parties to this Agreement presently maintains a
Department with fire rescue equipment, fire fighting
emergency medical equipment,
emergency capabilities; and
WHEREAS, it is deemed
emergency medical personnel,
personnel,
and other
Agreement providing for mutual assistance/automatic aid in times of emergency
where the need created may be too great for either party to deal with unassisted
or where a closest unit response is agreeable and in the public interest; and
WHEREAS, Section 163.01, Flodda Statutes authorizes local
governments to cooperate with other localities on the basis of mutual advantage.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY* COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1, The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal
Agreement for Emergency Services between the City of Boynton Beach and the
City of Boca Raton, providing for Mutual Assistance and Automatic Aid, said
mutually advantageous to enter into this
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Agreement being attached hereto as Exhibit '%".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED.this ,~ day of ~=~z.z,e~'?
,1998;
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Vice,M~yor ~ ,
C~mmissig/er/ /
Commissioner
Commissioner
'CityCClerk ----
EMERGENCY SERVICES AGREEMENT
FOR MUTUAL ASSISTANCE AND AUTOMATIC AID
BETWEEN
THE CITY OF BOCA RATON AND THE CITY OF BOYNTON BEACH
TI-HS AGREEMENT is made and entered into this /~day of '~tf/t(~ . 1998, by and
between The City of Boca Raton, a Florida municipal corporation, by and through its City Council and
the City of Boynton Beach, a Florida municipal corporation.
WHEREAS, each of the parties to this Agreement presently maintains a Fire-Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical equipment,
emergency medical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for
mutual assistance/automatic aid in times of emergency where the need created may be too great for either
party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and
WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation
Act of 1969", authorizes local governments to make the most efficient use of their power by enabling
them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and
facilities that will harmonize geographic, economic, population and other factors influencing the needs
and development of local communities.
NOW, TI:IEREFORE, it is agreed by and between the parties that each will render mutual
assistance and automatic aid to the other under the following stipulations, provisions and conditions:
Section 1. Request for Aid/Assistance: Emergency mutual assistance/automatic aid will be
given when properly requested so long as rendering the aid and assistance requested will not place the
assisting party in undue jeopardy. The party requesting aid and/or assistance shall provide the following
information at the time the request is made:
a. The general nature, type and location of the emergency; and
b. The type and quantity of equipment and/or personnel needed; and
c. The name and rank of the person making the request.
All requests shall be directed through the respecti~'e parties' emergency communications center.
The following officials of the participating parties are au~orized to request aid and assistance under this
Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders.
Section 2. Representative and Contract Monitor: The City of Boca Raton% representative
and_ contract monitor during the performance, of this Agreement shall be the Deputy Chief, whose
telephone number his 561-367-6-722. The City of Boynton Beach's represefltative and contract monitor
during the performance of this agreement shall be Deputy Chief Gale, whose telephone number is 561-
375-6325.
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Section 3. Command Authority: In the event of an emergency which requires additional
assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the
Assistant or Deputy Fire Chief or the Incident Commander, will direct the'activities at the scene where
the emergency exists, but personnel responding to the call will remain under the command of their own
officers at all times. Each party shall retain control over its personnel and the rendition of services,
standards of performance, discipline of officers and employees, and other matters incidental to the
performance of services.
Each party authorizes its Fire Chief to meet with the other party's Fire Chief and develop
automatic aid plans and procedures, including areas to be serviced and type and/or level of response,
when the Fire Chiefs have determined that improved response times or other forms of efficiency within
their respective jurisdictions and/or service areas may be achieved. The Fire Chiefs are also authorized to
promulgate necessary administrative regulations and orders to implement and administer these plans and
procedures.
Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance
in the event it does not have the required equipment available or if, in its sole judgment, compliance with
the request would jeopardize the protection of its own jurisdiction.
Section 5. Employee Functions: No employee of either party to this Agreement shall perform
any function or service which is not within the employee's scope of duties as defined or determined by his
employer.
Section 6. Employee Claims, Benefits, etc.: No employee, officer, or agent of either party shall,
in connection with this Agreement or the performance of services and functions hereunder, have a right to
or claim any pension, workers' compensation, unemployment compensation, civil service, or other
employee rights, privileges, or benefits granted by operation of law or otherwise except through and
against the entity by whom they are employed. No employee of either party shall be deemed the
employee of the other, for any purpose, during the performance of services hereunder.
Section 7. No Assumption of Liability: Neither party to this Agreement nor their respective
officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or
-omissions of the other. Further, nothing herein shall be construed as a waiver of sovereign immunity.
Section 8. Liability for Injury: All the privileges and immunities from liability, exemptions
from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other
benefits which apply to the activity of the officers or employees of either party when performing their
respective functions, within the territorial limits for their r~spective agencies, shall apply to the same
degree and extent to ~the performance of such functions and duties extraterritorially. Liability for injury to
personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel,
and owning or possessing such equipment.
Section 9. Remuneration: The cost of gasoline and other normal supplies used for mutual
assistance/automatic aid purposes shall be the responsibility of the party using such supplies, except that
certain expendable supplies including, but not limited to, foam, hazmat suits, containment barrels, or
other specialty products will be replaced by the agency requesting assistance, at the sole discretion of the
agency rendering aid or assistance. The parties further agree that the agency rendering aid/assistance
may request reimbursement for any expenditure of goods or services directly from the persons, parties, or
company involved in, causing, or responsible for, the incident. All compensation for personnel shall be
borne by the employing party. All cost of maintenance and upkeep of equipment shall be borne by the
party owning or possessing the equipment.
Section 10. Effective Date and Term: This Agreement shall take effect upon execution by both
parties and shall remain in full force and effect for a period of no less than five (5) years, expiring on
September 30, 2002, unless sooner terminated as provided herein.
Section 11. Notice of Termination: Either party to this Agreement may, upon sixty (60) days
prior written notice to the other, terminate this Agreement for any reason or for no reason at all.
Section 12. Capital Improvement Plans: Both parties to this Agreement, on an annual basis, shall
exchange Capital Improvement Plans indicating projected locations and anticipated time frames for
construction of future fire stations within their respective jurisdictions and/or service areas. It is
understood that these plans may be modified subsequent to submission and said plans are subject to
subsequent funding allocations and approvals.
Section 13. Assignment of Rights: Neither party shall assign, transfer or convey, in whole or in
part, its rights, duties, or obligations without the prior written consent of the other.
Section 14. Modification and Amendment: No modification, amendment, or alteration in the
terms or conditions of this Agreement shall be effective unless contained in a written document executed
with the same formality and equality of dignity herewith.
Section 15. Entirety of Agreement: This Agreement represents the entire understanding of the
parties and supersedes all other negotiations, representations, or agreements, either written or oral,
~elating to this Agreement. This agreement is separate and distinct from the Fire-Rescue Interlocal
Emergency Services Agreement for Governmental Agericies in Palm Beach County. The requesting
agency shall identify which agreement is being initiated'at the time of the request.
Section 16. Equal Opportunity: Each party represents and warrants that itwill not discriminate in the
performance of services hereunder and that its employees and members of the general public benefiting
from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color,
religion, disability, age, marital status, national origin or ancestry.
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Section 17. Annual Appropriations: Each party's performance and obligation under this
Agreement is contingent upon annual budgetary appropriations by its respective governing body for the
purposes hereunder.
Section 18. Remedies: This agreement shall be construed by and governed by the laws of the
State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach
County.
Section 19. Records: Each party shall maintain all records pertaining to the services delivered
under this Agreement for a period of at least three (3) years.
Section 20. Joint Preparation: The preparation of this Agreement has been a joint effort of the
parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
Section 21. Notice of Suits: Each party agrees to notify the other of any claim, or the initiation
of any legal proceeding against it which relates, in any manner, to the aid or assistance provided by the
other party. Each party will cooperate when appropriate and where possible with the other in the defense
of any lawsuit, action, or other legal proceeding arising out of, or related to, the aid or assistance rendered
under this Agreement. Each party shall be responsible for its own legal costs and expenses.
Section 22. Notices: All written notices required under this Agreement shall be sent by
certified mail, return receipt requested, and if sent to The City of Boca Raton shall be mailed to:
Fire Chief
Boca Raton Fire-Rescue Services Department
2333 West Glades Road
Boca Raton, Florida 33431
and if sent to the City of Boynton Beach shall be mailed to:
Fire Chief
Boynton Beach Fire-Rescue
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Each party may change its address upon notice to the other.
Section 23. Captions: The captions and section designations herein set forth are for convenience
only and shall have no substantive meaning.
Section 24. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County.
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IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized
officers on the day and year first written above.
ATTEST:
Sue Kruse
City Clerk
AS TO FORM AND
APPROVED
LEGAL SUFFICIENCY ,~, ~/
Michael Pawelczyk
Assistant City Attorney
ATTEST:
City of Boynton Beach
Gerard Taylor, M~yor
CITY OF BOCA RATON, FLORIDA, BY ITS
CITY COUNCIL
Candace Bridgwater
City Clerk
Carol G. Hanson, Mayor
APPROVED. AS TO FORM AND
LEGAL SUFFICIENCY
(SEAL)
By:
Johri O. McK~rchy
Assistant City Attorney