HomeMy Public PortalAboutDelray Beach - Fire & EMS AgmtINTERLOCAL SERVICE AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND
THE TOWN OF GULF STREAM
THIS AGREEMENT entered into on this day of� &-'
2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a FI ida municipal
corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal
corporation.
WITNESSETH:
WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and
Emergency Medical Services Department with fire fighting and emergency medical
equipment and personnel; and,
WHEREAS, the City of Delray Beach does presently maintain such a Fire and
Emergency Medical services Department with fire fighting and emergency medical
equipment and personnel; and,
WHEREAS, in order to protect the health, safety and welfare of all residents of
the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional
boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter
into this Agreement, providing for fire and emergency medical services by the City of
Delray Beach within the municipal boundaries of the Town of Gulf Stream; and,
WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal
agreements to provide for such aid and assistance.
WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the
facilities and equipment of the City of Delray Beach and has informed itself as to the
scope and capabilities of facilities and equipment available, and does hereby accept
these services and facilities as being adequate and capable for emergency and other
related purposes within the incorporated area of the Town of Gulf Stream.
NOW THEREFORE, it is hereby agreed by and between the parties hereto as
follows:
1. The City of Delray Beach, during the term of this agreement shall provide
the following services to the Town of Gulf Stream through the Delray
Beach Fire Department and its officers and personnel responding from
City of Delray Beach Fire Stations and administrative facilities.
A. Fire Suppression.
B. Heavy Rescue and Associated Extrication.
C. Basic and Advanced Life Support Pre -Hospital Emergency Medical
Services, and emergency transportation to medical facilities. This
service will be provided under the same terms and conditions as
provided to the residents of the City. The residents of the Town will
be responsible for payment of such services under the same terms
and conditions, as are residents of the City. The City shall provide
Emergency Medical Transport Services for the Town as long as the
City possesses a Certificate of Public Convenience and Necessity.
If for any reason the City no longer possesses a valid Certificate of
Public Convenience and Necessity it shall cease to provide
Emergency Medical Transport Services to the Town.
D. Public Fire Safety Education
E. Fire Prevention and Life Safety Inspections in all occupancies other
than one and two family residences.
F. Fire code and Life Safety plans examination and review for building
permits for occupancies and structures other than one and two
family dwellings.
G. Initial Hazardous Materials Incident Response and Scene Control.
2. Initial Hazardous Materials Incident Response and scene Control. In the
event the City of Delray Beach is notified by the appropriate officials in the
Town of Gulf Stream, or by the public through the Police -Fire
Communication Center of the City of Delray Beach, of the existence of a
fire or other emergency including the need for emergency medical
services within the municipal boundaries of the Town of Gulf Stream the
City of Delray Beach shall supply such emergency equipment and
personnel as are then reasonably available to the City of Delray Beach In
the same manner as provided to the citizens of Delray Beach.
3. The final and ultimate determination as to whether a particular notification
gives rise to a life-threatening or emergency situation shall solely be the
policy determination of the personnel of the City of Delray Beach.
4. This Agreement shall not be construed to impose any obligation, duty or
responsibility whatsoever on the City of Delray Beach to provide any
specific types, kinds, or numbers of emergency personnel or apparatus at
any fire station of the City of Delray Beach, or at any emergency scene
within the Town of Gulf Stream within a specific time frame. The City of
Delray Beach will dispatch and assign the closest, appropriately staffed
and available vehicle(s) to emergencies within the Town of Gulf Stream.
2
The City will endeavor to maintain a dispatch to arrival time within seven
(7) minutes.
5. The Town of Gulf Stream acknowledges its responsibility under Section
633.025, Florida Statutes, 2008, concerning minimum Fire Safety
Standards. The City of Delray Beach, through its Fire Department, will
conduct all necessary or mandatory fire safety inspections and inform the
Town Manager of the Town of Gulf Stream of any fire safety matters which
require correction. The Town of Gulf Stream shall enforce all applicable
fire safety standards in a timely manner and shall report the abatement
and disposition of the reported violations to the City of Delray Beach. The
City of Delray Beach, through its Fire Department, will provide all
necessary technical assistance to the Town of Gulf Stream in order to
facilitate this process.
6. The Fire Chief of the City of Delray Beach shall have full and complete
authority through the normal chain of command over the operation of
Delray Beach Fire department personnel, vehicles and equipment while in
the Town of Gulf Stream.
7. The Town of Gulf Stream officials and employees and citizens and
residents shall not interfere with the direction, management and
deployment of the Delray Beach Fire Department, its personnel or
equipment at any time during fire fighting or other emergency situations.
8. All suggestions or complaints concerning services provided under this
agreement shall be directed to the attention of the Fire Chief of Delray
Beach, in writing, for proper administrative remedy and/or response, as
the case may be. In the event the Town of Gulf Stream has a dispute with
respect to the City of Delray Beach's performance hereunder, the Town of
Gulf Stream, by its governing body, Mayor, Manager or other appropriate
municipal official shall forward to the Chief of the Fire Department for the
City of Delray Beach, the disputed matter. In the event that the disputed
matter is not addressed in a manner suitable to the Town of Gulf Stream,
the town shall request of the Chief of the Fire Department for the City of
Delray Beach, Florida, that the disputed matter be resolved by the City
Manager of the City of Delray Beach. If the disputed matter cannot be
resolved by the City Manager of the City of Delray Beach, the disputed
matter shall be scheduled on the next available Delray Beach City
Commission meeting or workshop as the City Manager deems
appropriate.
9. The parties hereto further understand and agree that a possibility exists
that the Delray Beach Fire Department may receive simultaneous calls for
separate accidents, fires and other public safety problems. In the event of
a simultaneous occurrence of emergencies in the City of Delray Beach
3
and the Town of Gulf Stream, the judgment of the Fire Chief of the City of
Delray Beach, or the senior Fire Department Officer on duty at the time, as
to which call should receive first priority response, shall be binding upon
the parties hereto and shall control actions of both parties hereto. If the
City of Delray Beach can not respond to a call for assistance from the
Town of Gulf Stream due to multiple calls and/or alarms in progress the
caller from the Town of Gulf Stream will be so advised and all reasonable
efforts will then be made by the City of Delray Beach to arrange for a
suitable response from another agency or jurisdiction cooperating with the
City of Delray Beach through various mutual aid agreements in effect at
the time. At the time of the execution of this agreement the City of Delray
Beach has Mutual Aid Agreements in effect with the Cities of Boynton
Beach, Boca Raton, Palm Beach County and is a participant in the Fire -
Rescue Interlocal Agreement for Governmental Agencies in Palm Beach
County and the interlocal agreement for Regional Hazardous Materials
Response Services. The City of Delray Beach will endeavor to notify the
Town of Gulf Stream of any changes in these agreements.
10. The Town of Gulf Stream shall inspect annually all fire hydrants within its
corporate limits to verify their satisfactory operation and function and
agrees to repair or cause to be repaired all fire hydrants, branch valves,
and sectional valves within the municipal water distribution system which
could affect fire suppression operations. It is further understood that all fire
hydrant threads shall conform with those used by the Delray Beach Fire
Department or non -conforming threads, if any, shall be changed without
delay at the expense of the Town of Gulf Stream. Inoperative fire
hydrants, valves, etc. within the municipal distribution system shall be
repaired without delay, but in no case later that thirty (30) days following
discovery of any deficiency. Fire hydrants which are placed out of service
shall be immediately reported to the City of Delray Beach Fire
Department. Immediate notice shall also be given when said fire hydrants
are returned to service.
11. The Town of Gulf Stream shall report all street and road closures and
openings immediately to the City of Delray Beach Fire Department.
12. All exemptions from ordinance and rules, and all pension, insurance,
disability, workers compensation, salary, death, and other benefits which
apply to the activity of such officers, agents, or employees of the City of
Delray Beach, when performing their respective functions within the
territorial limits of the City of Delray Beach, Florida shall apply to them to
the same degree, manner, and extent while engaged in the performance
of any of their functions and duties within the Town of Gulf Stream.
13. During the term of this agreement, the City of Delray Beach shall be the
sole provider of the services enumerated within the Town of Gulf Stream.
4
14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during
the term of this Agreement, a service fee for the emergency and
administrative services enumerated above. The service fee is based on
the annual operating budget of the City of Delray Beach for the provision
of Fire Prevention, Fire Suppression, Emergency Medical Services, and
related services; the population of the City of Delray Beach; and the
population of the Town of Gulf Stream. This fee entitles the Town of Gulf
Stream and its residents access to the previously enumerated fire
department services and programs. Extraordinary events or unusual
demands for services requiring personnel and/or equipment to be
stationed within the corporate limits shall be billed separately by the City of
Delray Beach to the Town of Gulf Stream based on the actual costs to
provide these services. In the case of hazardous materials abatement
and/or mitigation, these extraordinary costs shall be paid directly to the
vendors or, outside contractors involved as directed by the City of Delray
Beach.
15. Beginning on the effective date of this agreement, the Town of Gulf
Stream shall pay to the City of Delray Beach an annual service fee of
$286,250. One twelfth of this amount will be due and payable on or
before the first business day of each month. The Finance Department of
the City of Delray Beach shall bill the Town of Gulf Stream for this amount
on or before the 15th day of the preceding month. In the event payment is
not made timely, a late charge equal to the then prevailing legal rate of
interest shall be added to the Town of Gulf Stream's liability to the City of
Delray Beach, Florida. Interest shall be compounded daily commencing
with the first business day of each month. If payment is not received for
two successive months, then upon thirty (30) days notice the City of
Delray Beach, Florida, may terminate its responsibilities as provided
herein.
The parties agree that the annual service fee may be adjusted to offset
increased costs of providing the enumerated services and programs due
to extraordinary unfunded mandates of the Federal, State or County
governments.
16. The Town of Gulf Stream and the City of Delray Beach agree that the
service fee shall be adjusted annually based on the "All Urban Consumers
- United States" April Consumer Price Index (CPI) or an increase of five
percent (5.0%), whichever is greater. The projected annual service fee
adjustment will be reported to the Town Manager of the Town of Gulf
Stream on or before July 15th of each year and will become effective on
October 1 st.
5
17. All notifications of claims shall be provided in writing to the respective
Town Manager and City Manager of the parties hereto. This does not
apply to notifications of necessity for supplying of emergency services
which are the subject of this Agreement.
18. This Agreement represents the entire Agreement between the parties and
supersedes all prior negotiations, representations, or agreements either
written or oral, including the 1983 "Emergency Medical Services
Agreement". This agreement may only be amended or modified in writing
and executed by all parties to this Agreement, except as previously
provided above with the annual service fee.
19. The term of this Agreement shall be for ten (10) years beginning October
1, 2009 and extending through midnight on September 30, 2019 with
options to renew for additional periods of five (5) years each upon the
mutual agreement of both parties hereto in writing.
20. This agreement may be terminated for good cause only in the event of
breach of its terms or in the event of the inability of the City of Delray
Beach to provide the services specified herein. In the event that either
party desires to terminate this agreement for good cause resulting from
the breach of its terms, the party alleging the breach shall give notice of its
intent to terminate this agreement at the end of a contract year upon
submission to the other party. Said notice shall be in writing and shall be
given at least six (6) months prior to the end of any twelve month period
which commences on October 1st and terminates on September 30th of
the subsequent year. If an impasse arises as to whether either party has
breached this agreement, each party shall select an independent party to
act as an arbitrator, and the two arbitrators selected by the parties shall
select a third arbitrator and the arbitrators by majority vote shall decide
whether the party has breached this agreement and shall also decide any
other dispute arising hereunder. Said arbitrators shall act in accordance
with the rules of the American Arbitration Association and the parties
hereby agree that they shall be bound by the decision of the arbitrators. In
the event of termination for cause resulting from the inability of the City of
Delray Beach to provide the services specified pursuant to the terms of
this agreement, the City of Delray Beach shall provide the Town of Gulf
Stream at least six (6) months notice prior to the end of any twelve month
period which commences on October 1st and terminates on September
30th of the subsequent year. Any inability to provide the services specified
in this agreement shall be substantiated only upon a clear showing by the
City of Delray Beach of a similar inability to provide said services for the
residents of the City of Delray Beach.
21. Any cost of expenses (including reasonable attorney's fees) associated
with litigation concerning the terms and conditions of this agreement shall
10
be borne by the non -prevailing party, provided however, that this clause
pertains only to the parties of this agreement.
IN WITNESS WHEREOF, the parties heretohave caused these presents to be
signed by their duly authorized officers on this\� day of
2009.
ATTEST: MM
BY�.�`
City Clerk
Approved as to form:
By: V,_
City Attorney
ATTEST
By: ( L
City Clerk
Approved as to form:
0
City Attorney
7
CITI( OF 4ELRAY E
By:
Mayor
JONES
FOSTER
JOHNSTON
& STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: 561-650-0458
Direct Fax: 561-650-0435
E -Mail: jrandolph@jones-foster.com
July 13, 2009
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, Florida 33401
Telephone (561) 659-3000
Mr. William H. Thrasher, Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream Florida 33483
VIA FAX: 737-0188
Re: Town of Gulf Stream
Interlocal Service Agreement with City of Delray Beach
Our File No. 13147.1
Dear Bill:
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402-3475
I have reviewed the Interlocal Service Agreement between the City of Delray Beach and
the Town of Gulf Stream and hereby approve same as to legal form and sufficiency.
There are only two issues worth commenting on which I do not believe the Town will
want to make an issue of in light of the fact that Delray has already approved this
Agreement. At paragraph 1 C at the top of page 2, it indicates that the City shall provide
emergency medical transport services as long as the City possesses a Certificate of
Public Convenience and Necessity and allows the City to cease to provide those
services to the Town in the event it no longer possess such a Certificate. There is no
reduction in the cost to the Town in the event those services can no longer be provided.
It seems to me, however, that this provision is of little moment as I cannot image that
the City will lose its Certificate of Public Convenience and Necessity.
The only other issue is that there is no opt out provision for the Town other than for
breach of the Agreement or for good cause shown. The Town, therefore, will be bound
to the Agreement for the ten year term.
Please do not hesitate to contact me if you have any comments or questions.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
i6:A' ry
John C. Randolph
JCR/ssm
www.jones foster.com
AMENDMENT NO. 1 TO INTERLOCAL SERVICE AGREEMENT DATED JULY 14,
2009, BETWEEN THE TOWN OF GULF STREAM AND THE CITY OF DELRAY
BEACH FOR THE PROVISION OF FIRE AND EMERGENCY MEDICAL SERVICES
THIS AMENDMENT NO. 1 to the Interlocal Agreement is entered into by and
between the CITY OF DELRAY BEACH, FLORIDA, ("City") and THE TOWN OF GULF
STREAM, FLORIDA ("Town") on this day of -August, 2011.
WITNESSETH
WHEREAS, the parties desire to amend the Interlocal Agreement entered into on
July 14, 2009 in order to provide for a change in the service fee charged due to the
annexation of the area, depicted on Exhibit "A", by the Town; and
WHEREAS, due to the fact that the increase in the ad valorem taxes received by
the Town will not be realized until December 2012, the parties will allow the increase in
the service fee due to the annexation, for the time period, March 15, 2011 to September
30, 2012, to be paid in arrears so the onetime payment will be made prior to December
31, 2012.
NOW, THEREFORE, in consideration of the mutual covenants, stipulations and
agreements herein contained, the parties agree as follows:
1. The recitations referred to above are hereby incorporated herein.
2. The parties desire to amend the Agreement to provide that effective
October 1, 2012 the base rate that the Town will pay to the City is $353,321.00 plus 5%
for a total amount of $370,987.05 for the base fee beginning on October 1, 2012. By
December 31, 2012 the Town will make a onetime payment to the City in the amount of
$57,210, which covers the increase in the service fee as a result of the annexed area
for time period of March 15, 2011 to September 30, 2012.
3. All other terms and conditions of the Interlocal Agreement of July 14, 2009
not in conflict with this Amendment shall remain in full force and effect and are
incorporated herein.
IN WITNESS WHEREOF, the parties hereto have set their hands, the day and
year first above written.
ATTEST:
City Clerk
Approved as to legal form
And sufficiency:
n
City Attorney
Date: SQA A\ a,N
ATTEST:
Town Clerk
Approved as to legal form
Pscy
Date:
7
Cll
LIM
TOW OF ULF STREAM, F RIDA
By: rl_�ztit l.�
Mayor
Page 1 of 1
Rita Taylor
From: Harden, David [Harden@mydeiraybeach.com]
Sent: Wednesday, August 10, 2011 5:47 PM
To: Bill Thrasher
Cc: Shutt, Brian
Subject: Amendment to Fire Service Agreement
Attachments: Amendment #1 to ILA with gulfstream on fire service 8-11.doc
Bill,
The amendment to our Fire Service Agreement with the Town of Gulf Stream is attached as directed by
our City Commission. You may attach Exhibit "A", as I would just pull it out of your annexation study.
The increase for FY 2012 was calculated as follows:
$315,580 X 880/786 = $353,321. Then $353,321— $315,580 = $37,741
For the current fiscal year the calculation is:
$300,550 X 880/786 = $336,493. Then $336,493 - $300,550 = $35,943, and $35,943 X 6.5/12 = $19,469.
$37,741 + $19,469 = $57,210, which is the extra amount to be paid by December of 2012 after Gulf
Stream begins receiving property tax from the annexed area.
8/11/2011
74A ?
,ittle Club Rd;'—:
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Gulf Stream
Limits 5 `
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Town Hall
Town of Gulf Stream
4b; Annexation Map
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LEGEND
A - B.Ardrews Club Tennis Com,
B 4450 N. QeaB Boulevard
C -V,oa Villa,
D - Gullnream V lla,
E - Guirweam Vlla,Soull,
F - Sea Ridge
G -Sea Hoke
H - Polo Binge
I CHermilage
i-Ballaooae
K - Bellamar
1 GoBst ra.nn htuu++
urban
design
INTERLOCAL SERVICE AGREEMENT BETWEEN
THE CITY OF DELRAY BEACH AND
THE TOWN OF GULF STREAM
THIS AGREEMENT entered into on this day of
2009 by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal
corporation, and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal
corporation.
WITNESSETH:
WHEREAS, the Town of Gulf Stream presently does not maintain a Fire and
Emergency Medical Services Department with fire fighting and emergency medical
equipment and personnel; and,
WHEREAS, the City of Delray Beach does presently maintain such a Fire and
Emergency Medical services Department with fire fighting and emergency medical
equipment and personnel; and,
WHEREAS, in order to protect the health, safety and welfare of all residents of
the Town of Gulf Stream and the City of Delray Beach who may be in the jurisdictional
boundaries of the Town of Gulf Stream, it is deemed mutually advantageous to enter
into this Agreement, providing for fire and emergency medical services by the City of
Delray Beach within the municipal boundaries of the Town of Gulf Stream; and,
WHEREAS, Florida Statutes 163.01 authorizes execution of interlocal
agreements to provide for such aid and assistance.
WHEREAS, the Town of Gulf Stream acknowledges that it is familiar with the
facilities and equipment of the City of Delray Beach and has informed itself as to the
scope and capabilities of facilities and equipment available, and does hereby accept
these services and facilities as being adequate and capable for emergency and other
related purposes within the incorporated area of the Town of Gulf Stream.
NOW THEREFORE, it is hereby agreed by and between the parties hereto as
follows:
1. The City of Delray Beach, during the term of this agreement shall provide
the following services to the Town of Gulf Stream through the Delray
Beach Fire Department and its officers and personnel responding from
City of Delray Beach Fire Stations and administrative facilities.
A. Fire Suppression. r '7104 1�
B. Heavy Rescue and Associated Extrication. • _ A
C. Basic and Advanced Life Support Pre -Hospital Emergency Medical
Services, and emergency transportation to medical facilities. This
service will be provided under the same terms and conditions as
provided to the residents of the City. The residents of the Town will
be responsible for payment of such services under the same terms
and conditions, as are residents of the City. The City shall provide
Emergency Medical Transport Services for the Town as long as the
City possesses a Certificate of Public Convenience and Necessity.
If for any reason the City no longer possesses a valid Certificate of
Public Convenience and Necessity it shall cease to provide
Emergency Medical Transport Services to the Town.
D. Public Fire Safety Education
E. Fire Prevention and Life Safety Inspections in all occupancies other
than one and two family residences.
F. Fire code and Life Safety plans examination and review for building
permits for occupancies and structures other than one and two
family dwellings.
G. Initial Hazardous Materials Incident Response and Scene Control.
2. Initial Hazardous Materials Incident Response and scene Control. In the
event the City of Delray Beach is notified by the appropriate officials in the
Town of Gulf Stream, or by the public through the Police -Fire
Communication Center of the City of Delray Beach, of the existence of a
fire or other emergency including the need for emergency medical
services within the municipal boundaries of the Town of Gulf Stream the
City of Delray Beach shall supply such emergency equipment and
personnel as are then reasonably available to the City of Delray Beach In
the same manner as provided to the citizens of Delray Beach.
3. The final and ultimate determination as to whether a particular notification
gives rise to a life-threatening or emergency situation shall solely be the
policy determination of the personnel of the City of Delray Beach.
4. This Agreement shall not be construed to impose any obligation, duty or
responsibility whatsoever on the City of Delray Beach to provide any
specific types, kinds, or numbers of emergency personnel or apparatus at
any fire station of the City of Delray Beach, or at any emergency scene
within the Town of Gulf Stream within a specific time frame. The City of
Delray Beach will dispatch and assign the closest, appropriately staffed
and available vehicle(s) to emergencies within the Town of Gulf Stream.
z
The City will endeavor to maintain a dispatch to arrival time within seven
(7) minutes.
5. The Town of Gulf Stream acknowledges its responsibility under Section
633.025, Florida Statutes, 2008, concerning minimum Fire Safety
Standards. The City of Delray Beach, through its Fire Department, will
conduct all necessary or mandatory fire safety inspections and inform the
Town Manager of the Town of Gulf Stream of any fire safety matters which
require correction. The Town of Gulf Stream shall enforce all applicable
fire safety standards in a timely manner and shall report the abatement
and disposition of the reported violations to the City of Delray Beach. The
City of Delray Beach, through its Fire Department, will provide all
necessary technical assistance to the Town of Gulf Stream in order to
facilitate this process.
6. The Fire Chief of the City of Delray Beach shall have full and complete
authority through the normal chain of command over the operation of
Delray Beach Fire department personnel, vehicles and equipment while in
the Town of Gulf Stream.
7. The Town of Gulf Stream officials and employees and citizens and
residents shall not interfere with the direction, management and
deployment of the Delray Beach Fire Department, its personnel or
equipment at any time during fire fighting or other emergency situations.
8. All suggestions or complaints concerning services provided under this
agreement shall be directed to the attention of the Fire Chief of Delray
Beach, in writing, for proper administrative remedy and/or response, as
the case may be. In the event the Town of Gulf Stream has a dispute with
respect to the City of Delray Beach's performance hereunder, the Town of
Gulf Stream, by its governing body, Mayor, Manager or other appropriate
municipal official shall forward to the Chief of the Fire Department for the
City of Delray Beach, the disputed matter. In the event that the disputed
matter is not addressed in a manner suitable to the Town of Gulf Stream,
the town shall request of the Chief of the Fire Department for the City of
Delray Beach, Florida, that the disputed matter be resolved by the City
Manager of the City of Delray Beach. If the disputed matter cannot be
resolved by the City Manager of the City of Delray Beach, the disputed
matter shall be scheduled on the next available Delray Beach City
Commission meeting or workshop as the City Manager deems
appropriate.
9. The parties hereto further understand and agree that a possibility exists
that the Delray Beach Fire Department may receive simultaneous calls for
separate accidents, fires and other public safety problems. In the event of
a simultaneous occurrence of emergencies in the City of Delray Beach
111
and the Town of Gulf Stream, the judgment of the Fire Chief of the City of
Delray Beach, or the senior Fire Department Officer on duty at the time, as
to which call should receive first priority response, shall be binding upon
the parties hereto and shall control actions of both parties hereto. If the
City of Delray Beach can not respond to a call for assistance from the
Town of Gulf Stream due to multiple calls and/or alarms in progress the
caller from the Town of Gulf Stream will be so advised and all reasonable
efforts will then be made by the City of Delray Beach to arrange for a
suitable response from another agency or jurisdiction cooperating with the
City of Delray Beach through various mutual aid agreements in effect at
the time. At the time of the execution of this agreement the City of Delray
Beach has Mutual Aid Agreements in effect with the Cities of Boynton
Beach, Boca Raton, Palm Beach County and is a participant in the Fire -
Rescue Interlocal Agreement for Governmental Agencies in Palm Beach
County and the interlocal agreement for Regional Hazardous Materials
Response Services. The City of Delray Beach will endeavor to notify the
Town of Gulf Stream of any changes in these agreements.
10. The Town of Gulf Stream shall inspect annually all fire hydrants within its
corporate limits to verify their satisfactory operation and function and
agrees to repair or cause to be repaired all fire hydrants, branch valves,
and sectional valves within the municipal water distribution system which
could affect fire suppression operations. It is further understood that all fire
hydrant threads shall conform with those used by the Delray Beach Fire
Department or non -conforming threads, if any, shall be changed without
delay at the expense of the Town of Gulf Stream. Inoperative fire
hydrants, valves, etc. within the municipal distribution system shall be
repaired without delay, but in no case later that thirty (30) days following
discovery of any deficiency. Fire hydrants which are placed out of service
shall be immediately reported to the City of Delray Beach Fire
Department. Immediate notice shall also be given when said fire hydrants
are returned to service.
11. The Town of Gulf Stream shall report all street and road closures and
openings immediately to the City of Delray Beach Fire Department.
12. All exemptions from ordinance and rules, and all pension, insurance,
disability, workers compensation, salary, death, and other benefits which
apply to the activity of such officers, agents, or employees of the City of
Delray Beach, when performing their respective functions within the
territorial limits of the City of Delray Beach, Florida shall apply to them to
the same degree, manner, and extent while engaged in the performance
of any of their functions and duties within the Town of Gulf Stream.
13. During the term of this agreement, the City of Delray Beach shall be the
sole provider of the services enumerated within the Town of Gulf Stream.
4
14. The Town of Gulf Stream agrees to pay the City of Delray Beach, during
the term of this Agreement, a service fee for the emergency and
administrative services enumerated above. The service fee is based on
the annual operating budget of the City of Delray Beach for the provision
of Fire Prevention, Fire Suppression, Emergency Medical Services, and
related services; the population of the City of Delray Beach; and the
population of the Town of Gulf Stream. This fee entitles the Town of Gulf
Stream and its residents access to the previously enumerated fire
department services and programs. Extraordinary events or unusual
demands for services requiring personnel and/or equipment to be
stationed within the corporate limits shall be billed separately by the City of
Delray Beach to the Town of Gulf Stream based on the actual costs to
provide these services. In the case of hazardous materials abatement
and/or mitigation, these extraordinary costs shall be paid directly to the
vendors or, outside contractors involved as directed by the City of Delray
Beach.
15. Beginning on the effective date of this agreement, the Town of Gulf
Stream shall pay to the City of Delray Beach an annual service fee of
$229,000. One twelfth of this amount will be due and payable on or
before the first business day of each month. The Finance Department of
the City of Delray Beach shall bill the Town of Gulf Stream for this amount
on or before the 15th day of the preceding month. In the event payment is
not made timely, a late charge equal to the then prevailing legal rate of
interest shall be added to the Town of Gulf Stream's liability to the City of
Delray Beach, Florida. Interest shall be compounded daily commencing
with the first business day of each month. If payment is not received for
two successive months, then upon thirty (30) days notice the City of
Delray Beach, Florida, may terminate its responsibilities as provided
herein.
The parties agree that the annual service fee may be adjusted to offset
increased costs of providing the enumerated services and programs due
to extraordinary unfunded mandates of the Federal, State or County
governments. The parties also agree that when the City of Delray Beach
increases staffing of its Station 2, the primary response station for calls
originating in Gulf Stream, to five personnel, the annual service fee shall
be adjusted to reflect Gulf Stream's pro rata share of the cost of increased
staffing.
16. The Town of Gulf Stream and the City of Delray Beach agree that the
service fee shall be adjusted annually based on the "All Urban Consumers
- United States" April Consumer Price Index (CPI) or an increase of five
percent (5.0%), whichever is greater. The projected annual service fee
adjustment will be reported to the Town Manager of the Town of Gulf
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Stream on or before July 15th of each year and will become effective on
October 1st.
17. All notifications of claims shall be provided in writing to the respective
Town Manager and City Manager of the parties hereto. This does not
apply to notifications of necessity for supplying of emergency services
which are the subject of this Agreement.
18. This Agreement represents the entire Agreement between the parties and
supersedes all prior negotiations, representations, or agreements either
written or oral, including the 1983 "Emergency Medical Services
Agreement'. This agreement may only be amended or modified in writing
and executed by all parties to this Agreement, except as previously
provided above with the annual service fee.
19. The term of this Agreement shall be for ten (10) years beginning October
1, 2009 and extending through midnight on September 30, 2019 with
options to renew for additional periods of five (5) years each upon the
mutual agreement of both parties hereto in writing.
20. This agreement may be terminated for good cause only in the event of
breach of its terms or in the event of the inability of the City of Delray
Beach to provide the services specified herein. In the event that either
party desires to terminate this agreement for good cause resulting from
the breach of its terms, the party alleging the breach shall give notice of its
intent to terminate this agreement at the end of a contract year upon
submission to the other party. Said notice shall be in writing and shall be
given at least six (6) months prior to the end of any twelve month period
which commences on October 1st and terminates on September 30th of
the subsequent year. If an impasse arises as to whether either party has
breached this agreement, each party shall select an independent party to
act as an arbitrator, and the two arbitrators selected by the parties shall
select a third arbitrator and the arbitrators by majority vote shall decide
whether the party has breached this agreement and shall also decide any
other dispute arising hereunder. Said arbitrators shall act in accordance
with the rules of the American Arbitration Association and the parties
hereby agree that they shall be bound by the decision of the arbitrators. In
the event of termination for cause resulting from the inability of the City of
Delray Beach to provide the services specified pursuant to the terms of
this agreement, the City of Delray Beach shall provide the Town of Gulf
Stream at least six (6) months notice prior to the end of any twelve month
period which commences on October 1st and terminates on September
30th of the subsequent year. Any inability to provide the services specified
in this agreement shall be substantiated only upon a clear showing by the
City of Delray Beach of a similar inability to provide said services for the
residents of the City of Delray Beach.
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21. Any cost of expenses (including reasonable attorney's fees) associated
with litigation concerning the terms and conditions of this agreement shall
be borne by the non -prevailing party, provided however, that this clause
pertains only to the parties of this agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
signed by their duly authorized officers on this _ day of
2009.
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
By: By.
City Clerk
Approved as to form:
City Attorney
ATTEST:
By:
City Clerk
Approved as to form:
go
City Attorney
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Mayor
TOWN UOF GU, STREAM, FLORID
By:
Mayor