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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-034AGREEMENT BY AND BETWEEN CITY OF OAKLAND PARK AND CITY OF TAMARAC PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES This Agreement is made and entered this /v day of 2018 by and between: the CITY OF OAKLAND PARK, a municipal corporation of he State of Florida (hereinafter called "OAKLAND PARK") and the CITY OF TAMARAC, a municipal corporation of the State of Florida (hereinafter called "TAMARAC"). ARTICLE 1 BACKGROUND: PURPOSE AND INTENT AND DEFINITIONS 1.1 It is the purpose and intent of this agreement for OAKLAND PARK and TAMARAC, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.2 The respective elected bodies of OAKLAND PARK and TAMARAC find that mutual cooperation in the delivery of fire rescue services can best be accomplished within a cooperative, interlocal configuration. To further that cause, both parties willingly enter into this cooperative Agreement, which extends beyond the concept of mutual aid for fire and rescue services. 1.3 For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions set forth below are assumed to be true and correct and are agreed upon by the parties. 1.3.1 Automatic Aid Coverage: means the temporary assignment of one (1) Pumper staffed with three (3) State Certified Firefighters or One (1) Rescue staffed with a minimum of two firefighter/paramedics to provide fire rescue services in a different Primary Response Zone from the Primary Response Zone in which the apparatus and personnel are normally assigned. Such temporary assignment will generally be incorporated into the respective jurisdictions computer -aided dispatch (CAD) system. Automatic aid will be used for the specific response types defined in Article 2. 1.3.2 Incident Command: means the first arriving unit will assume initial Incident Command, in accordance with the current Fire Chiefs Association of Broward County Incident Command Procedure, until arrival of a Primary Jurisdiction Response Unit, at which time the Primary Jurisdiction Unit may assume Incident Command at its sole �.-ao�8�o5i No Text discretion. 1.3.3 Mutual Aid: means at the time of fire, rescue, emergency or disaster, the Primary Response Zone Units may have firefighting, rescue, emergency or disaster relief related demands made upon its equipment and/or personnel, greater than the capacity of the equipment and/or personnel available within its own department, thereby requiring assistance from another agency. When local resources are determined to be inadequate to respond to the fire, rescue, emergency or disaster the Incident Commander will request assistance through Broward County MARS (Mutual Aid Request System). 1.3.4 Primary Response Zone: means a specific geographic area in which fire and/or rescue services are provided, which area does not require the relocation of apparatus and personnel by a single resource. The Primary Response Zones for each party are outlined in Exhibit A. 1.3.5 Responding Party: means the agency which is providing assistance to another agency which has declared an emergency incident. 1.3.6 Requesting Party: means the agency which is requesting assistance from an outside agency to assist in mitigating an emergency incident. 1.4 For purposes of this Agreement, the Primary Response Zones to be covered, or response types responded to by the parties may be amended during the term of this agreement through mutual agreement in writing by the Fire Chiefs of OAKLAND PARK and TAMARAC. Such changes will be designed to improve response times or otherwise increase the efficiency of services provided pursuant to this Agreement. 1.5 Both parties agree to review service response demands on a bi-annual basis. The parties agree that the Fire Chiefs of OAKLAND PARK and TAMARAC will make adjustments in response area and/or response types to limit any unnecessary demand on either party. ARTICLE 2 COVERAGE COMMITMENT 2.1 Mutual Aid: Upon request, the parties agree to provide mutual aid coverage to each other unless otherwise unavailable. 2.1.1 Terms and Procedures: A A participating agency will answer for mutual aid only to the extent that the available personnel and equipment are not required for adequate protection of that agency's jurisdiction. The Chief of the agency, or designee, shall have the sole authority to determine the amount of personnel and equipment, if any, available for cooperative assistance. B A request for mutual aid shall be made by the Chief of the agency, or designee. C Whenever the employees of one party to this agreement are rendering aid to the other party pursuant to the authority contained in this agreement, such employees shall have the same powers, duties, rights and immunities as if they were taking action within their employing jurisdiction. No Text 2.2 Automatic Aid: The parties agree to provide automatic aid coverage, as defined in Section 1.3.1. 2.2.1 Automatic Aid, Response Types. Automatic Aid Coverage, as defined in Section 1.3.1, shall be activated for the following emergency incidents: A Residential or Commercial Structure Fire B Building Collapse C High Priority Medical Calls D Vehicle Accidents with extrication E Any other incidents approved by both the Fire Chief of Oakland Park and the Fire Chief of Tamarac. ARTICLE 3 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OAKLAND PARK and TAMARAC shall be responsible for complying with all federal, state and local laws, rules, regulations, and codes including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA") and its implementing regulations. OAKLAND PARK and TAMARAC shall comply with the provisions stated in the Business Associates Addendum, which is attached hereto as Exhibit "C." ARTICLE 4 LIABILITY 4.1 The parties shall defend any action or proceeding brought against its respective agency arising in connection with this agreement and shall be responsible for all its own costs, attorney's fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. 4.2 Each party is entitled to the privileges and protections of sovereign immunity pursuant to Section 768.28, Fla. Stat., and subject to the limitations of that provision shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes or actions arising out of or occurring during travel to or from its own emergency or disaster site or to or from an emergency or disaster site covered by this Agreement, and no indemnification or hold harmless agreement shall be in effect concerning such claims, demands, suits, actions, damages and causes of action. 4.3 Neither party hereto shall be deemed to have waived its sovereign immunity by entering into this Agreement. 4.4 For purposes of this Article, any use of the words "individually, separate, and each are intended to refer to each agency's independent responsibilities and shall not be construed, in any manner, to impose personal liability upon OAKLAND PARK and TAMARAC commissioners, or any other individual. No Text ARTICLE 5 TERMINATION 5.1 This Agreement may be terminated upon sixty (60) days written notice given by either party as provided in Section 8.6 herein. 5.2 This Agreement shall be deemed automatically terminated and of no further force and effect if either Party has filed or consented to the filing of a petition for reorganization or bankruptcy or is otherwise adjudicated insolvent. ARTICLE 6 DEFAULT 6.1 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) days after receipt of written notice of such default from the other party, the party giving notice of default shall be entitled, at its option, but is not required, to terminate this Agreement. Failure of any party to exercise its rights in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the waiving party. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. ARTICLE 7 TERM OF AGREEMENT 7.1 The obligation to perform under this Agreement shall commence as of the date in which the last party executes this agreement. 7.2 Unless terminated earlier as provided for hereinabove, the term of this Agreement shall be from the date of commencement as provided for in paragraph 7.1 above. Thereafter, this Agreement shall be automatically renewed for one-year terms, unless either party notifies the other in writing, not later than sixty (60) days prior to the expiration of this Agreement or any renewal term of this Agreement, of its intent not to renew. 7.3 In the event either Party enters into joint powers, consolidated service area, or interlocal agreement which includes additional parties that agreement may supersede and provide for termination of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 Joint Participation: The preparation of this Agreement has been a joint effort of the parties hereto, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 8.2 Entire Agreement and Modification: This Agreement incorporates, supersedes and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein. No change, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document signed by No Text OAKLAND PARK and TAMARAC. 8.3 Records: Each party shall permit the other party to examine all records pertinent to this Agreement and grants to the other party, the right to audit any books, documents and papers related to this Agreement that are generated during the term of this Agreement. The parties shall maintain the records, books, documents and papers associated with this Agreement in accordance with the records retention schedules outlined in the Florida Statutes for said records. 8.4 Agreement Administration: In the administration of this agreement as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the Fire Chiefs, or designees, of OAKLAND PARK and TAMARAC. 8.5 Recordation/Filing: With the Office of the County Administrator of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 8.6 Notices: Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for filing of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following at the respective places for giving notice. FOR THE CITY OF OAKLAND PARK City Manager City of Oakland Park 3650 NE 12' Avenue Oakland Park Florida 33334 FOR THE CITY OF TAMARAC City Manaaer City of Tamarac 7525 NW 88th Avenue Tamarac. Florida 33321 8.7 Automatic Aid Agreements: Both parties acknowledge that any current automatic aid agreements with any other agency will continue in full force and effect notwithstanding execution and implementation of this Agreement. 8.8 Third Party Beneficiaries: Neither Party intends to directly or substantially benefit a third party by this Agreement. Therefore, there are no third party beneficiaries to this Agreement, and no third party will be entitled to assert a claim against either party based upon this Agreement. 8.9 Assignment: Neither this Agreement nor any interest herein shall be assigned, transferred or encumbered by either party without the written consent of the other party. 8.10 Waiver of Breach and Materiality: Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a No Text waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. Each requirement, duty, and obligation set forth herein is substantial and important to the formation of this Agreement and, therefore, is a material term hereof. 8.11 Compliance with Laws: Both parties shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations related to this Agreement. 8.12 Severance: In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless either party elects to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made and written notice shall be provided to the other party within thirty (30) days after the finding by the court becomes final. 8.13 Applicable Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. Both parties hereby agree to waive a jury trial, and will proceed to a trial by judge, if necessary. Should the parties be involved in legal action arising under, or connected to, this Agreement, each party will be responsible for their own attorney's fees and costs. 8.14 Multiple Originals: Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original. 8.15 C.O.N.: Both parties shall maintain, throughout the term of this Agreement, an ALS Rescue Certificate of Public Convenience and Necessity ("C.O.N.") from Broward County and an appropriate State of Florida license enabling each to provide advanced life support services, as well as, basic life support services, to patients upon arrival at emergency scenes requiring immediate emergency medical care. 8.16 Medical Director: Both parties presently have and shall maintain, throughout the term of this Agreement and any renewal term, a Medical Director as required by Chapter 401, Florida Statutes. No Text [Intentionally Left Blank] No Text INTERLOCAL AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND THE CITY OF TAMARAC, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES WITH THE CITY OF OAKLAND PARK. CITY OF OAKLAND PARK ATTEST: I OF OAKLAND PARK By: % By: - Ci y Clerk, Renee M. Shrout Urn onergan Day of j Pi r • , 2018 APPROVED AS TO FORM: City Attorney Qk,o-rl S/tt,en,o-, No Text INTERLOCAL AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND THE CITY OF TAMARAC, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES WITH THE CITY OF TAMARAC. ATTEST: J�Q By: Pat Teufel, C C City Clerk [011trc•7arnrLm JCY JAA C By: M yor arty Dressler d Day of / , 2018 APPROVED AS TO FORM: Sa1601. on ity Attorney No Text