Loading...
R2021-10 First Amendment to Emergency Services AgreementRESOLUTION 2021-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO THE EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES WITH PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST AMENDMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 163.01, Florida Statutes, the Village entered into an Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services with Palm Beach County and the City of Palm Beach Gardens in 2005; and WHEREAS, through the adoption of Resolution No. 2015-75 on October 22, 2015, the Village Council approved a new ten-year Agreement; and WHEREAS, the parties desire to amend the terms of the Agreement to add additional training to improve the Insurance Services Office (ISO) rating of each department, extend the term of the Agreement and ensure compliance with new statutory requirements; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby approves the First Amendment to Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services with Palm Beach County and the City of Palm Beach Gardens, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. All resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 28TH DAY OF JANUARY, 2021. (Village Seal) MAYOR ATTEST: ' VILLAGE C FIRST AMENDMENT TO EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES BETWEEN PALM BEACH COUNTY, THE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF NORTH PALM BEACH R2021 0362 THIS FIRST AMENDMENT TO EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES is made and entered into on MAR J 9 2021 , by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners, the CITY OF PALM BEACH GARDENS, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City") and the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "Village"). WHEREAS, the parties entered into an Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services (R2016-0114) ("Agreement") for a term of ten (10) years through October 31, 2025; and WHEREAS, the parties each provide automatic aid to each other pursuant to the Agreement; and WHEREAS, the Insurance Services Office (ISO) is an independent organization that rates fire departments; and WHEREAS, fire departments that have automatic aid arrangements with other departments can improve their ISO score by participating in three hours of training exercises per quarter with their automatic aid partner departments; and WHEREAS, the parties desire to amend the Agreement to provide each other with such training opportunities. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County, City and Village do hereby agree as follows: 1. Article I: MUTUAL ASSISTANCE AND AUTOMATIC AID is hereby amended to add Section 5. ISO Training to read as follows: As part of the automatic aid between the parties under this Agreement, each party shall endeavor to provide each other party with at least three hours of training opportunities, for at least one engine company, per quarter that meet ISO requirements for automatic aid training. The provision of training opportunities under this paragraph shall not be mandatory; however, training opportunities that are provided from one party to another are intended to be mutual and reciprocated by the other party with training opportunities that provide a substantially similar amount of training that meets ISO automatic aid Pagel of 3 training criteria. In the mutual interest of promoting ISO training, each party agrees that it shall not require or request from another party's on -duty personnel any type of release, indemnification or assumption of risk agreement, acknowledgment or other statement, relating to the ISO training provided under this paragraph, provided that such employee is identified and scheduled by the employing party to attend the training on -duty as a part of his or her official duties with said employing party. 2. Article III: GENERAL CONTRACT TERMS, Section 8. Effective Date and Term is hereby amended and replaced to read as follows: The term of this Agreement shall be from November 1, 2015 through September 30, 2031, unless sooner terminated as provided herein. 3. Article III: GENERAL CONTRACT TERMS is hereby amended to add Section 31. E -Verify - Employment Eligibility to read as follows: Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. Each party has registered with and uses, and shall continue to use, the E -Verify System (E- Verify.gov), to electronically verify the employment eligibility of all newly hired employees. If any party has a good faith belief that another party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. 4. All other provisions of the Agreement are hereby confirmed and, except as provided herein, are not otherwise altered or amended and shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 2 of 3 9 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. 8202 1 :-0362 MAR d9202 ATTEST: JOSEPH ABRUZZO, Clerk of the Circuit C m uty APPROVED AR°TO FOS D LEG FFICIENCY By: �r S• iS�•� 2) 2�� 2sz t County Attorney ATTEST: By: -- City Clerk APPROVED AS TO FORM LEGAL SUFFICIENCY , DOM ATTEST: By�• / 0 Vi lage Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: ---, Village Attorney PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS in Dave Kerner, Mayor APPROVED AS TO TERMS AND CONDITIONS B / Fy -Rescy CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS CITY COUNCIL B6 onald M. erri , ty Manager VILLAGE OF NORTH PALM BEACH, FLORIDA, BY ITS VILLAGE COUNCIL By: " Ve--z---A. usan Bickel, Mayor Page 3 of 3