HomeMy Public PortalAboutDelray Beach - Fire & EMS Agmts - Prior YrsINTERLOCAL SERVICE AGREEMENT
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THE CITY OF DELRAY BEACH
D
THE TOWN OF GULF STREAM
THIS AGREEMENT entered into on this 77,4p day of OcisAcpc. , 1999 by and
between the CITY OF DELRAY BEACH,FLORIDA, a Florida municipal corporation,
and the TOWN OF GULF STREAM, FLORIDA, a Florida municipal corporation.
W I T N E S S E T H:
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
provide the following services to the
the Delray Beach Fire Department and
responding from City of Delray
administrative facilities.
1
term of this agreement shall
Town of Gulf Stream through
its officers and personnel
Beach Fire Stations and
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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. 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.
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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, 1998, 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.
B. 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 and the Town of Gulf
Stream, the judgement of the Fire Chief of the City of Delray
Beach, or the senior Fire Department Officer on duty at the time,
3
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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 $123,260. 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.
15a. 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). 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 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.
5
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, 1999 and extending through midnight on September 30,
2009 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 be borne by the non -prevailing party,
provided however, that this clause pertains only to the parties of
this agreement.
9
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IN WITNESS WHEREOF, the parties hereto have caused these presents to
be signed by their duly authorized officers on this 2Z"0 day of
DGra6E1L- , 1999.
ATTEST:
A�C%f/�/
_City Clerk Alison MacGregor -Harty
Approved as to Form:
City Attorney, City of Delray Beach
Susan A. Ruby
ATTEST:
Town Clerk - Rita L. Ta or
Attorney,/Town of Gulf Stream
7
CITY OF DELRAY
- gray Aimerin
TOWN`' O GU STREAM, F RIDA
By:
666 ayor - illi m F. K c_ r.
INTERLOCAL SERVICE AGREEMENT
BETWEEN
THE CITY OF DELRAY BEACH
AND
THE TOWN OF GULF STREAM
THIS AGREEMENT entered into on this 13th day of
July 1 19 92 by and between the CITY OF DELRAY BEACH,
FLORIDA, a Florida municipal corporation, and the TOWN OF GULF
STREAM, FLORIDA, a Florida municipal corporation.
W I T N E S S E T H:
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.
6/18/92
A. Fire Suppression.
B. Heavy Rescue and Associated Extrication.
C. Basic and Advanced Life Support Pre -Hospital
Emergency Medical Services, not including
transportation to medical facilities.
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. 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.
5. The Town of Gulf Stream acknowledges its
responsibility under Section 633.025, Florida Statutes, 1991,
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
2 6/18/92
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 and the Town
of Gulf Stream, the judgement 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, Deerfield
Beach and Lake Worth as well as Palm Beach County. The City of
3 6/18/92
Delray Beach agrees 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. The Town of Gulf Stream shall reimburse the City of
Delray Beach for certain supplies and consumables, such as
chemical absorbants, hazardous materials vapor suppressents,
chemical testing agents, and hazardous materials recovery drums
and/or other containers used by the Fire Department in the
performance of emergency duties in the corporate limits of the
Town of Gulf Stream pertaining to hazardous materials incident
control.
14. 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.
15. 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
4 6/18/92
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.
16. Beginning October 1, 1992, the Town of Gulf Stream
shall pay to the City of Delray Beach an annual service fee of
$103,403. 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.
16.(a) 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.
17. 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). 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.
18. 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.
19. 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 reference to the annual service fee.
20. The term of this Agreement shall be for ten (10)
years beginning October 1, 1992 and extending through midnight on
September 30, 2002 with options to renew for additional periods of
five (5) years each upon the mutual agreement of both parties
hereto in writing.
5 6/18/92
21. 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 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 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.
22. 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.
6 6/18/92
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be signed by their duly authorized officers on this
13th day of July , 19 92 -•
ATTEST:
City Clerk- s iso I/.4c a o2
N.q.¢ r✓
Approved as to Form:
� 'flll'
City r , City o Delray
Bea - JFFF�2EY s . Ku r7 -
ATTEST: z
ATTEST•
11f L
Town Clerk PT-& p.r/or
Approved as to Fpm:
own Attorfiey, Town of Gulf Stream
CITY OF DELRAY BEACH, FLORIDA
By:
rfont•v
TOWN OF GUTR[�DA
B
ayor iIII
7 6/18/92
AMENDMENT TO THE INTERLOCAL SERVICE AGREEMENT
BETWEEN THE CITY OF DELRAY BEACH
AND THE TOWN OF GULF STREAM
This Amendment to the Interlocal Service Agreement dated July 13, 1992 is
hereby entered into this 1 nthday of march , 1995, by and between the City
of Delray Beach, Florida, (the City) and the Town of Gulf Stream (the Town).
WITNESSETH
WHEREAS, the City and Town entered into an Interlocal Service agreement (the
Original Agreement) dated July 13, 1992; and
WHEREAS, the City and Town desire to amend the Original Agreement to
provide that the City will furnish emergency transportation to medical facilities.
NOW, THEREFORE, the City and Town in consideration of the mutual promises
and benefits hereby agree as follows:
This amendment to the Original Agreement shall be deemed effective from
the above signed date.
2. Paragraph 1, part C of the Original Agreement is hereby deleted and a new
paragraph 1, part C is created to read as follows:
Basic and Advanced Life Support Pre -Hospital Emergency Medical
Services, including Emergency transportation to medical facilities.
3. The City will provide the Town with Emergency Medical Transport
Services 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 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.
4. The City, its officials, agents, or employees shall not be deemed to assume
any liability for acts, omissions, or negligence of the Town, its employees, agents or
officials. In consideration of the payment of Ten Dollars ($10.00), receipt of which is
hereby acknowledged, the Town shall hold the City harmless and shall defend them against
any claims for damages resulting from acts, omissions or negligence of the Town, its
officials, agents, or employees, subject to the provisions of Florida Statutes Section
768.28. All liability for injury to personnel and for loss of or damage of equipment
incurred in connection with this agreement, or in the performance of services or functions
pursuant thereto, shall be borne by the City or the Town employing such personnel or
owning such equipment.
5. All other terms and conditions set forth in the Original Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this amendment to the
Agreement dated July 13, 1992, to be signed by its duly authorized officers on this 14
day of &V J , 1995.
ATTEST:
pproved as to form.
�� • City Attorney
CITY OF6D�ELRAY BEACH, FLORIDA
Mayor
ATTEST:
Tovm Clerk
Wam&ag
i
EMERGENCY SERVICES MUTUAL AND AUTOMATIC AID AGREEMENT
his Agreement is entered into this /'�L day of
1991, by and between Palm Beach County,
Florida and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
maintain a Fire -Rescue Department with fire rescue equipment,
medical personnel, hazardous materials response equipment and
trained technical personnel, and other emergency capabilities;
and
WHEREAS, it is deemed mutually advantageous to enter
into this Agreement providing for mutual or automatic aid in
times of emergency where the need created may be too great for
either party to deal with unassisted, or where response times may
be improved through cooperative agreement,
NOW, THEREFORE, it is agreed by and between the parties
that each will render assistance and service to the other under
the following stipulations, provisions and conditions:
1. Mutual or automatic aid and assistance will be
given when properly requested so long as rendering the aid and
assistance requested will not place the assisting party in undue
jeopardy.
2. The person requesting mutual or automatic aid and
assistance shall give the following information at the time the
request is made:
a) The general nature, type and location of the
emergency.
b) The type of equipment and/or personnel
needed.
3. Only the following officials of the participating
parties are authorized to request aid and assistance under this
Agreement: The respective Fire Chiefs, Assistant or Deputy Fire
Chiefs, or the respective Incident Commanders, and the emergency
communications center staffs of the respective jurisdictions.
4. In the event of an emergency occurrence 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 Chiefs or the Incident Commander,
will direct the activities at the scene where the emergency
exists, but personnel on the mutual or automatic aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
Emergency Services Mutual and Automatic Aid Agree,,._nt Page 2
performance of services and control of personnel shall remain
within the respective control of their own departments.
a) The medical protocols of the respective
departments shall govern patient care.
5. Each participating party reserves the right to
refuse a mutual or automatic aid call in the event it does not
have the required equipment available or if, in its judgment,
compliance with the request would jeopardize the protection of
its own jurisdiction.
6. No employee of either party to this Agreement
shall perform any function or service which is not within the
scope of the duties of that person within his/her own department.
7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
B. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liability for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 768.28.
9. All the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's 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 respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
Agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
10. The cost of gasoline and other normal supplies
used for mutual or automatic aid purposes shall be the
responsibility of the party using such supplies, except that
certain expendable supplies, such as foam or other specialty
products, will be replaced by the agency requesting assistance.
11. All compensation for personnel shall be borne by
the employing party.
12. The Fire Chiefs of the respective jurisdictions
are authorized to develop automatic aid plans and procedures
where the two parties agree that improved response times or other
Emergency Services MuL__al and Automatic Aid Agree nt Page 3
forms of efficiency within their jurisdictions may be achieved
for the benefit of the public. The Fire Chiefs are also
authorized to promulgate necessary administrative regulations and
orders to implement and administer these plans and procedures.
13. The term of this Agreement is from January 1, 1991
to December 31, 1996.
14. Either party to this Agreement may, upon giving
sixty (60) days written notice to the governing body of the other
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
15. This Agreement shall continue in full force and
effect for like terms as that set up in the original term of this
contract, subject to the termination provisions of Paragraph 14.
16. A copy of this agreement shall be filed with the
Clerk of the Circuit Court of Palm Beach County, Florida.
17. Both parties to this Agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating
projected location and anticipated time frames for construction
of future fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by their duly authorized officers on
this — 1�4 day of ?Yn� , 199
ATTEST--
4/
City Clerjc
Appro asj to form and legal
suf cies_y:
ity Attorney
80M & -DU KLE, CLERK
_•Boa COLMI c0 s'oners
PALM BEACH/,COUNTY, FLORIDA BY
ITS BOP(RD OF COUNTY COMMISSIONERS
Dt}Ll�hta^ By:
h
'Approved.'as:to form and legal
s ici'eney�.
County Attorney
y 153885 JUL-2f-47 02: Wm 90-215145
_' ORB 6530 Pe 137
EMERGENCY SERVICES MUTUAL AID AGREEMENT
0
This Agreement is entered into this / 9 day of
_ 199- , by and between the City of Deerfield
B ch, Florida and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
W m n maintain a Fire -Rescue Department with fire rescue equipment,
C..' i W fire fighting personnel, emergency medical equipment, emergency
�"'o edical personnel, hazardous materials response equipment and
ped technical personnel, and other emergency capabilities;
WHEREAS, it is deemed mutually advantageous to enter into
reement providing for mutual aid in times of emergency
e need created may be too great for either party to deal -
... NOW, THEREFORE, it is agreed by and between the parties
•• that.each will render mutual assistance and service to the other
,,,ender the following stipulations, provisions.and conditions: —
1. utual aid and assistance will be given when
Jpi erl requesMted so long as rendering the aid and assistancg e
pedes will not place the assisting party in undue jeopardy. f
2. The person requesting mutual aid and assistance
the following information at the time his request is
a) The general nature, type and location of
the emergency.
b) The type of equipment and/or personnel needed.
'JA -3. Only the following officials of the participating
E& are authorized to request aid and assistance under this
ent: The respective Fire Chiefs, Assistant or Deputy Fire
, or Incident Commanders.
4. In the event of an emergency occurrence 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 Chiefs or the Incident
Commander, will direct the activities at the scene where the
emergency exists, but personnel on the mutual aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
performance of services and control ofpersonnel shall remain
within the respective control of their own departments.
5. Each participating party reserves the right to
refuse a mutual aid call in the event it does not have the
required equipment available or if, in its judgment, compliance
with the request would jeopardize the protection of its own
jurisdiction.
6. No employee of either party to this Agreement
shall perform any function or service which is not within the
scope of the duties of that person within his/her own department.
7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
B. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liability for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 768.28.
m
x
V
CA
N
o]
O
O
CT)
AWE
ORB 6530 Pa 138
9. All the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's 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 respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
10. The cost of gasoline and other normal supplies
used for mutual aid purposes shall be the responsibility of the
party using such supplies, except that certain expendable
supplies, such as foam or other specialty products. will he
_eplacad by the agency requesting assistance.
11. All compensation for personnel shall be borne by
the employing party.
12. The term of this Agreement is from May 1, 1990 to
April 30, 1995.
13. Either party to this Agreement may, upon giving
sixty (60) days written notice to the governing body of the other'
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
14. This Agreement shall continue in full force and
effect for like terms as that set up in the original term of this
contract, subject to the termination provisions of Paragraph 13.
15. A copy of this agreement shall be filed with the
Clerk of the Circuit Court of Palm Beach County, Florida and
with the Clerk of the Circuit Court of Broward County, Florida.
16. Both parties to this agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating
projected location and anticipated time frames for construction
of future fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
m
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
ro
these presents to be signed by their duly authorized officers on
cO
this /5? day of 1990
0
CD
ATTEST: CITY OF DELRAY BEACH
m
ca
i
City Clerk
HF 0R
Approve orm and legal
e e REGORD VERIFIED
PALM BEACH COUNTY. FLA.
JOHN B. DUN?(LE
Cityy Attgrn y CLERK CIRCUIT COURT
City of beerfleld Beach
ATTEST: - CITY OF DEERFIELD BEACH
,o�,tiF1E1D,d '
4
y Cler 1�Acy 7Y �c�i�
Ap oved as to fo m end le j MIA Y 0 R
u±fiGiency:
p �9
`Q:
tECORDEO IN INE CffICIAI RECORDS BODE
F
• : �a ,.•``��`` OF BBCIAAP.D COONTY, FLORIDA
fA4WCity Attorney L. A. NESTER
CITY OF DELIiAY BEACH _� r.OIINTY AOMINISTBATOV
JUL-21 1990 02:18rn 90-2 15 1 44
l ORB 6530 Pe 135
EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is entered into this � day of
1990 by and between the City of Lake Worth,
Flor da and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
maintain a Fire -Rescue Department with fire rescue equipment,
fire fighting personnel, emergency medical equipment, emergency
medical personnel, hazardous materials response equipment and
trained technical personnel, and other emergency capabilities;
and
XWHEREAS, it is deemed mutually advantageous to enter into
x this Agreement providing for mutual aid in times of emergency
where the need created may be too party
with unassisted, y great for either art to deal
V
NOW, THEREFORE, it is agreed by and between the parties
\� that each will render mutual assistance and service to the other
under the following stipulations, provisions and conditions:
1. Mutual aid and assistance will be given when
Al properly requested so long as rendering the aid and assistance'
requested will not place the assisting party in undue jeopardy.
f
2. The person requesting mutual aid and assistance
v shall give the following information at the time his request is
W made:
a) The general nature, type and location of
A the emergency.
i b) The type of equipment and/or personnel needed.
3. Only the following officials of the participating
parties are authorized to request aid and assistance under this
h Agreement: The respective Fire Chiefs, Assistant or Deputy Fire
\ Chiefs, or Incident Commanders.
4. In the event of an emergency occurrence 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 Chiefs or the Incident
Commander, will direct the activities at the scene where the
emergency exists, but personnel on the mutual aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
performance of services and control of personnel shall remain
within the respective control of their own departments. -
5. Each participating party reserves the right to
refuse a mutual aid call in the event it does not have the
ti required equipment available or if, in its judgment, compliance
with the request would jeopardize the protection of its own
jurisdiction..
K 6. No employee of either party to this Agreement
shall perform any function or service which is not within the
scope of the duties of that person within his/her own department.
* 7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
S. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liability for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 768.28.
ORB 6530 Pe 136
9. All the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's 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 respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
10. The cost of gasoline and other normal supplies
used for mutual aid purposes shall be the responsibility of the
party using such supplies, except that certain expendable
supplies, such as foam or other specialty products, will be
replaced by the agency requesting assistance.
il. All compensation for personnel shall be borne by
the employing party.
12. The term of this Agreement is from May 1, 1990 to
April 30, 1995.
13. Either party to this Agreement may, upon giving'
sixty (60) days written notice to the governing body of the others
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
14. This Agreement shall continue in full force and
effect for like terms as that set up in the original term of this
contract, subject to the termination provisions of Paragraph 13.
15. A copy of this agreement shall be filed with the
Clerk of the Circuit Court of Palm Beach County, Florida.
16. Both parties to this agreement, on an annual
basis, shall exchange Capital Improvement Plans indicating
projected location and anticipated time framesfor construction
of future -fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by their duly authorized officers on
this 1214- day of �� 1990 .
ATTEST: CITY OF DELRAY'BEACH
Approved as to form and legal
sufficiency:
CiW DPMMORTH
ATTEST:
Ap ffved as to form and legal
s i ency:
CCOAWCity Attorne
CITY OF DELRAY BEACH
M A R
CITY OF LAKE WORTH
V I C• M A Y'O R
RWORO VERIFIED
PALM REACH Cr)'': FL\.
JOHN B. Cvr 1,; 3
CLERK GRCOIT COI.AT
EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is entered into this 'd'/.. day of
44
,9 199D by and between the City of Boynton Beach,
Florida and the City of Delray Beach, Florida.
WHEREAS, the parties to this Agreement presently
maintain a Fire -Rescue Department with fire rescue equipment,
fire fighting personnel, emergency medical equipment, emergency
medical personnel, hazardous materials response equipment and
trained technical personnel, and other emergency capabilities;
and
WHEREAS, it is deemed mutually advantageous to enter into
this Agreement providing for mutual aid in times of emergency
where the need created may be too great for either party to deal
with unassisted,
NOW, THEREFORE, it is agreed by and between the parties
that each will render mutual assistance and service to the other
under the following stipulations, provisions and conditions:
1. Mutual aid and assistance will be given when
properly requested so long as rendering the aid and assistancer
requested will not place the assisting party in undue jeopardy.
i
2. The person requesting mutual aid and assistance'
shall give the following information at the time his request is
made:
a) The general nature, type and location of
the emergency.
b) The type of equipment and/or personnel needed.
3. Only the following officials of the participating
parties are authorized to request aid and assistance under this
Agreement: The respective Fire Chiefs, Assistant or Deputy Fire
Chiefs, or Incident Commanders.
4. In the event of an emergency occurrence 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 Chiefs or the Incident
Commander, will direct the activities at the scene where the
emergency exists, but personnel on the mutual aid call will
remain under the command of their own officers at all times. The
rendition of services, standards of performance, discipline of
officers and employees, and other matters incidental to the
performance of services and control of personnel shall remain
within the respective control of their own departments.
5. Each participating party reserves the right to
refuse a mutual aid call in the event it does not have the
required equipment available or if, in its judgment, compliance
with the request would jeopardize the protection of its own
jurisdiction.
6. No employee of either party to this Agreement
shall perform any function or service which is not within the
scope of the duties of that person within his/her own department.
7. Persons employed by either party shall not in
connection with this Agreement or in the performance of services
and functions pursuant hereto claim any right to pension,
workmen's compensation, unemployment compensation, civil service,
or other employee rights or privileges granted by operation of
law or otherwise except through and against the entity by which
they are regularly employed.
8. The parties to this Agreement and their respective
officers and employees shall not be deemed to assume any
liability for the act, omissions, and negligence of the other
party. Further, nothing herein shall be construed as a waiver of
sovereign immunity, pursuant to Florida Statutes, Section 768.28.
9. Ail the privileges and immunities from liability,
exemptions from law, ordinance and rules and all pensions and
relief, disability, workmen's 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 respective agencies shall apply
to the same degree and extent to the performance of such
functions and duties extraterritorially pursuant to this
agreement. Liability for injury to personnel, and for loss or
damage of equipment, shall be borne by the party employing such
personnel and owning such equipment.
1�
10. The cost of gasoline and other normal supplies
used for mutual aid purposes shall be the responsibility of the
party using such supplies, except that certain expendable
supplies, such as foam or other specialty products, will be
replaced by the agency requesting assistance.
11. All compensation for personnel shall be borne by
the employing party.
12. The term of this Agreement is from May 1) 1990 to
April 30, 1995.
13. Either party to this Agreement may, upon giving
sixty (60) days written notice to the governing body of the other
party, terminate this Agreement and after the effective date of
such notice both parties will be relieved of any further
obligations under this Agreement.
14. This
and
effect for like terms asrthat nset suplincthe ioriginalutermoofnue in fll ethis
contract, subject to the termination provisions of Paragraph 13.
I -
filed
py
Clerk of the CircuitoCourt OfiPalm rBeachtCounty,shallbFlorida.with the
16. Both parties to this agreement,
basis, shall exchange Capital on an annual
Improvement Plans indicating
projected location and anticipated time frames for construction
Of future fire stations within their respective jurisdictions.
It is understood that these plans may be modified subsequent to
submission and said plans are subject to subsequent funding
allocations and approvals.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be signed by their duly authorized officers on
this day of `TLt,�g 1990
ATTEST:
LM
Ems
I
11�i "VA
"
Approve as to form and legal
suff y:
City Att ney
ATTEST:
POR
ed as to fQrm and legal
Yency:
rcity Attofne
OF DELRAY BEACH
CITY OF DELRAY BEACH
EMERGENCY SERVICES MUTUAL AID AGREEMENT
This Agreement is entered into this / 'c2- day of
, by and between City of Delray Beach, Florida and the City of Boca Raton.
W I T N E S S E T H:
WHEREAS, the parties to this Agreement presently maintain a Fire Rescue
Department with fire rescue equipment, fire fighting personnel, emergency medical
equipment, emergency medical personnel, hazardous materials response equipment
and trained technical personnel, and other emergency capabilities; and
WHEREAS, it is deemed mutually advantageous to enter into this
Agreement providing for mutual aid in times of emergency where the need created
may be too great for either party to deal with unassisted,
NOW, THEREFORE, it is agreed by and between the parties that each will
render mutual assistance and service to the other under the following stipulations,
provisions and conditions:
1. Mutual aid and assistance will be given when properly requested
so long as rendering the aid and assistance requested will not place the assisting
party in undue jeopardy.
2. The person requesting mutual aid and assistance shall give the following
in formation at the time his request is made:
a) The general nature, type and location of the emergency.
b) The type of equipment and/or personnel needed.
3. Only the following officials of the participating parties are authorized
to request aid and assistance under this Agreement: The respective Fire Chiefs,
Assistant or Deputy Fire Chiefs or Incident Commanders, and the City Managers of
the Cities of Boca Raton and Delray Beach.
4. In the event of an emergency occurrence 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 Chiefs or the Incident Commander,
will direct the activities at the scene where the emergency exists, but personnel
on the mutual aid call will remain under the command of their own officers at all
times. The rendition of services, standards of performance, discipline of officers
and employees, and other matters incidental to the performance of services and
control of personnel shall remain within the respective control of their own departments.
5. Each participating party reserves the right to refuse a mutual aid
call in the event it does not have the required equipment available or if, in
its judgement, compliance with the request would jeopardize the protection of its
own jurisdiction.
6. No employee of either party to this Agreement shall perform
any function or service which is not within the scope of the duties of that
person within his/her own department.
7. Persons employed by either party shall not in connection with
this Agreement or in the performance of services and functions pursuant hereto
claim any right to pension, workmen's compensation, unemployment compensation,
civil service, or other employee rights or privileges granted by operation
of law or otherwise except through and against the entity by which they are
regularly employed.
B. The parties to this Agreement and their respective officers
and employees shall not be deemed to assume any liability for the act, omissions,
and negligence of the other party. Further, nothing herein shall be construed
as a waiver of sovereign immunity, pursuant to Florida Statutes, Section 768.28.
9. All the privileges and immunities from liability, exemptions
from law, ordinartce and rules and all pensions and relief, disability, workmen's
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 respective agencies shall apply to the same
degree and extent to the performance of such functions and duties extraterritorially
pursuant to this agreement. Liability for injury to personnel, and for loss
or damage of equipment, shall be borne by the party employing such personnel
and owning such equipment.
10. The cost of gasoline and other normal supplies used for mutual
aid purposes shall be the responsibility of the party using such supplies,
except that certain expendable supplies, such as foam or other specialty products,
will be replaced by the agency requesting assistance.
party.
1, 1993.
11. All compensation for personnel shall be borne by the employing
12. The term of this Agreement is from December 1, 1988 to December
13. Either party to this agreement may, upon giving sixty (60)
days written notice to the governing body of the other party, terminate this
Agreement and after the effective date of such notice both parties will be
relieved of any further obligations under this Agreement.
14. This Agreement shall continue in full force and effect for
like terms as that set up in the original term of this contract, subject to
the termination provisions of Paragraph 13.
2
15. A copy of this agreement shall be filed with the Clerk of the
Circuit Court of Palm Beach County, Florida.
16. Both parties to this agreement, on an annual basis, shall
exchange Captial Improvement Plans indicating projected location and anticipated
time frames for construction of future fire stations within their respective
jurisdictions. It is understood that these plans may be modified subsequent
to submission and said plans are subject to subsequent funding allocations
and approvals.
IN WITNESS WEREOF, the parties hereto have caused these presents
to be signed by their duly authorized officers on this day of'G
i
ATTEST:
Approved as to form and legal
sufficiency:
City Attorney
ATTEST:
City, Clerk
Approved as to form and legal
sufficiency:
CITY OF BOCA RATON
M A Y O R
CITY OFFDDELRAYY BEACH
By, C� `•
M A Y 0 R