HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-108TR#13675
September 22, 2021
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2021- W
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, TO APPROVE AND EXECUTE
THE REGIONAL INTERLOCAL AGREEMENT FOR
COOPERATIVE FIRE, RESCUE, EMERGENCY MEDICAL
SERVICES, AND SPECIAL OPERATIONS RESPONSE
THROUGH AUTOMATIC AID AND CLOSEST UNIT
RESPONSE BETWEEN THE CITY OF TAMARAC FIRE
RESCUE DEPARTMENT, BROWARD COUNTY SHERIFF'S
OFFICE, BROWARD COUNTY AND MUNICIPALITIES
WITH AN EFFECTIVE DATE OF THE FIRST DAY OF THE
FIRST CALENDAR MONTH AFTER EXECUTION OF THIS
AGREEMENT; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THIS AGREEMENT; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, to support Broward County's goal of achieving Closes Unit
Response (CUR) for life threatening emergency responses through the use of
technology and public safety standard operating procedures; and
WHEREAS, the CUR allows for Broward County Regional 911
Communication Centers to identify the exact location of Broward County Fire
Rescue Vehicles utilizing Global Positioning Satellite (GPS) technology and state
of the art mapping systems; and
WHEREAS, by installing GPS and broadband capable mobile data
terminals in each fire rescue frontline emergency vehicle coupled with 911
dispatch and mobile mapping software, vehicles will be able to respond to
incidents more quickly: and
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WHEREAS, in 2002, the Broward County residents voted by charter
amendment to provide for the establishment and funding of communications
infrastructure for fire and emergency medical services to facilitate CUR for life -
threatening emergencies and support for regional specialty teams; and
WHEREAS, by and through this Agreement, the Parties intend to provide
for automatic aid via closest unit response for life -threatening emergencies as
defined herein as Exhibit 1, and as part of the normal day-to-day operations of all
of the Parties while not providing such aid to subsidize normal day-to-day
operations, and
WHEREAS, the stated purpose and intent of this Agreement is for the
Parties to cooperate with each other on a basis of mutual advantage and thereby
to provide services and facilities that will harmonize geographic, economic,
population, and other factors influencing the needs and development of local
communities; and
WHEREAS, the effective date of the Agreement is on the first day of the
first calendar month after execution of this Agreement by each Party; and
WHEREAS, it is the recommendation of the Fire Chief that Tamarac
execute this Agreement with Broward County, Broward Sheriff's Office and
Municipalities; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
approve this Agreement (attached hereto as Exhibit 1)
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution. All Exhibits attached hereto are incorporated herein and made a
specific part of this Resolution.
SECTION 2: That the City Commission hereby approves the Regional
Interlocal Agreement for Cooperative Fire, Rescue, Emergency Medical
Services, and Special Operations Response through Automatic Aid and Closes
Unit Response between the City of Tamarac, Broward Sheriff's Office, Broward
County and Municipalities. The appropriate City Officials are hereby authorized to
execute the Agreement (attached hereto as Exhibit 1).
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
"The remainder of this page is left blank intentionally"
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SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
r'
PASSED, ADOPTED AND APPROVED this AEC day of , 2021.
ATTEST:
-- Ir NNIF JOI ON, CITY CLERK
h4aeT�-�
MIC ELLE J. GOM , MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
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DIST 1: COMM. BOLTON
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DIST 2: COMM. GELIN
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DIST 3: V/M VILLALOBOS
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DIST 4: COMM. PLACKO
HAS
I HEREBY CERTIFY that I have approved this RESOLUTION as to form.
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REGIONAL INTERLOCAL AGREEMENT
FOR COOPERATIVE FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND SPECIAL
OPERATIONS RESPONSE THROUGH AUTOMATIC AID AND CLOSEST UNIT RESPONSE
This Regional Interlocal Agreement for Cooperative Fire, Rescue, Emergency Medical
Services, and Special Operations Response through Automatic Aid and Closest Unit Response
("Agreement") is entered into between the Municipalities executing this Agreement, the
Broward County Sheriff's Office, and Broward County (each a "Party" and collectively referred to
as the "Parties").
RECITALS
A. Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act
of 1969," authorizes local governments to make the most efficient use of their powers by
enabling them to cooperate with other localities on a basis of mutual advantage and thereby to
provide services and facilities that will harmonize geographic, economic, population, and other
factors influencing the needs and development of local communities.
B. The design, purpose, and intention of this Agreement is to permit the Parties,
individually and collectively, to make the most efficient use of their respective powers, resources,
and capabilities by cooperating in the use of their respective powers, resources, and capabilities
in regard to fire, rescue, and emergency medical services ("EMS"), on a basis of mutual
advantage, to provide services and facilities in a manner most consistent with the geographic,
economic, demographic, and other factors influencing their respective needs and the
development of their respective and joint communities.
C. Each Party hereto maintains or contracts for the services, which may include paid
or volunteer services, of a Fire Rescue Department with apparatus, firefighting equipment, EMS
equipment, and firefighting, EMS, and administrative personnel.
D. The Parties acknowledge that incidents that include but are not limited to the
requirement for firefighting, rescue, emergency medical services, special operations, and
emergency/disaster relief occur without prior warning, without a set pattern or frequency, and
without regard to life, limb, or property.
E. The Parties further recognize that there is a mutual advantage in providing
automatic aid for closest unit response for life -threatening emergencies and cooperative use of
the resources available among the affected Parties in order that lives and property may be saved.
F. In 2002, Broward County residents voted by Charter amendment to provide for
the establishment and funding of communications infrastructure for fire and emergency medical
services to facilitate closest unit response for life -threatening emergencies and support for
regional specialty teams.
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G. By and through this Agreement, the Parties intend to provide for automatic aid
via closest unit response for life -threatening emergencies as defined herein as part of the normal
day-to-day operations of all of the Parties while not providing such aid to subsidize normal day-
to-day operations.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged by the Parties, the Parties mutually covenant, promise, and agree as follows:
ARTICLE 1. PURPOSE AND INTENT
1.1. The Parties affirm the Recitals stated above as true and correct and incorporate them
herein.
1.2. The stated purpose and intent of this Agreement is for the Parties to cooperate with
each other on a basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population, and other factors influencing the needs and
development of local communities. This will be accomplished by automatic aid via closest unit
response, as defined herein, in addition to the Automatic Aid Addendum agreements that allow
for automatic aid between two or more Parties and that are above and beyond the parameters
outlined by closest unit response.
1.3. Except to the extent inconsistent with this Agreement, nothing in this Agreement shall
preclude or otherwise negate any existing sharing or mutual aid agreements, or agreements
pertaining to the compensation or shared expenses of same, that may already exist or may be
entered into between any of the Parties. The Parties may continue to enter into such sharing
agreements and doing so will not constitute a violation or breach of this Agreement. To the
extent anything in this Agreement conflicts with the provisions of any such sharing or Automatic
Aid Agreements or other agreements pertaining to the compensation or shared expenses, the
provisions of this Agreement shall govern.
ARTICLE 2. DEFINITIONS AND IDENTIFICATIONS
2.1 Automatic Aid means assistance dispatched automatically for one Party to one or more
other Parties to lend assistance across jurisdictional boundaries for a particular incident.
2.2 Automatic Aid Addendum or AAA means a written agreement for Automatic Aid
between two or more Parties to this Agreement.
2.3 Available Unit means a unit in an available status and within the specified estimated time
of arrival for the applicable call (if any) from the incident as stated below and with the appropriate
unit capabilities based upon the incident at issue, provided that if the applicable Automatic Aid
Addendum between the applicable Parties in the incident at issue provides a broader definition
of Available Unit, that broader definition shall apply for that incident. The following phases shall
proceed in order, commencing with Phase 1, and proceeding to the next phase one calendar year
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later unless the Fire Chiefs’ Association of Broward County (FCABC), Inc. approve in writing an
earlier or delayed progression to the next phase.
Phase ETA to Incident Dates of Phase
Phase 1 2 Minutes Commencement until December 31, 2020
Phase 2 4 Minutes January 1, 2021 until December 31, 2021
Phase 3 8 Minutes January 1, 2022 until December 31, 2022
Phase 4 No time limitation January 1, 2023 and thereafter
2.4 Closest Unit Response or CUR means lending assistance across jurisdictional boundaries
by at least one (1) Available Unit to a Life-Threatening Emergency.
2.5 Coverage means the provision of fire protection and services, if needed, to another
jurisdiction or geographic area.
2.6 Life-Threatening Emergency means the designated incident types that constitute a high
priority call under the International Academy of Emergency Dispatch System for both medical
and fire, as may be amended from time to time (currently, “Delta” and “Echo” calls).
2.7 Mutual Aid means assistance dispatched upon request by one Party to one or more other
Parties, in which the lending party approves such request to lend assistance across jurisdictional
boundaries for a particular incident.
2.8 Responding Party means the agency providing assistance to another agency that has
declared an emergency incident.
2.9 Requesting Party means the agency requesting assistance from another agency to assist
in mitigating an emergency incident.
2.10 Special Operations means a specialized response that incudes personnel with specific
training and knowledge, along with apparatus and equipment, designed to respond to incidents
involving hazardous materials, technical rescue, marine, aircraft, water emergency, or other
operations that require specialized training and knowledge for mitigation of the incident.
ARTICLE 3. EQUIPMENT AND STAFFING
3.1 Fire Units - Each Party must maintain its fire rescue apparatus, equipment, and
accessories in good working order. A fire unit will be considered as the full combination of
apparatus, equipment, accessories, and personnel assigned to said unit.
3.2 EMS Units - Each Party must maintain its EMS apparatus, equipment, and accessories in
good working order. An EMS unit will be considered as the full combination of apparatus,
equipment, accessories, and personnel assigned to said unit.
3.3 EMS Licenses - All EMS transport units must be licensed by the State of Florida and
Broward County as required by applicable law. All EMS units must meet the Advanced Life
Support (ALS) requirements as outlined in Florida Administrative Code Section 64J-1.003, as
amended from time to time.
3.4 Staffing - Unless otherwise agreed by applicable Parties in an applicable AAA, all
responding units shall be staffed as follows, or augmented to be staffed as follows to fulfill the
minimum staffing requirements:
(a) Fire service units that consist of a fire engine company or a quintuple combination
pumper ("quint") shall have at least three (3) state certified firefighter.
(b) EMS Rescue units shall be staffed, at a minimum, with (i) two (2) state or nationally
certified firefighter/paramedics, or (ii) one (1) firefighter/paramedic and one (1)
firefighter/emergency medical technician.
(c) EMS Medical units shall be staffed at a minimum with (i) two (2) state or nationally
certified paramedics, or (ii) one (1) paramedic and one (1) emergency medical technician.
(d) All other responding specialty apparatus and support units shall have
appropriately trained and certified personnel for said unit.
ARTICLE 4. REQUEST FOR AID
4.1 An arrangement for Automatic Aid between two or more Parties to this Agreement shall
be memorialized as an Automatic Aid Addendum. Any existing automatic aid agreement between
two or more Parties that is in place as of the Effective Date of this Agreement and that provides
equal or greater automatic aid than outlined in the parameters of this Agreement shall
automatically be considered to be an AAA under this Agreement without further action, unless
the Parties to that Automatic Aid Agreement agree otherwise in writing. Each AAA shall, at a
minimum, specify the applicable apparatus and personnel to be provided and the designated
areas for such aid.
4.2 By execution of this Agreement, each Party consents and commits to accept requests for
Closest Unit Response from any applicable public safety answering point (PSAP). For any Life -
Threatening Emergency (as defined in Section 2.6) originating from within the geographical
boundaries of any Party, that Party shall be deemed the Requesting Party and the applicable PSAP
shall dispatch units based upon Closest Unit Response parameters.
ARTICLE 5. RESPONSE TO REQUEST FOR AID
5.1 The Parties agree to provide aid to each other by responding to the fire, rescue situations,
EMS calls, special operations emergencies, other emergencies, and disasters as requested by the
Requesting Party subject to the terms, conditions, and understandings contained in this
Agreement and any applicable agreement(s) between the relevant Parties (subject to Section 1.3
above).
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5.2 Any Parties executing an AAA for Automatic Aid further agree to provide Automatic Aid
as set forth in such AAA to the Parties to that AAA.
5.3 If a call for service originates from outside the geographical boundaries of a particular
Party and that Party has Available Units ("Responding Party"), then the Responding Party shall
accept and respond to a dispatch request for Closest Unit Response in the same manner as a call
for service within the Responding Party's jurisdiction, except as may otherwise be modified by
this Agreement.
5.4 The Parties recognize and agree that if, for any reason beyond the reasonable control of
the Responding Party, the Available Unit(s) or other requested resources are unable to respond
to the request for aid, the Responding Party shall not be liable or responsible in any regard
whatsoever for such inability to respond.
5.5 In the event any Party has twelve (12) or more unjustified incidents of being unable to
respond with an Available Unit under the parameters of CUR within a calendar year, upon written
approval of the Fire Chiefs for the majority of the municipalities that both share a geographical
boundary with that Party and are a Party to this Agreement, the Party demonstrating the failure
to respond may be terminated as a Party to this Agreement upon sixty (60) days' prior written
notice by any such neighboring municipality that is a Party to this Agreement. Any financial or
other liabilities that accrued prior to the effective date of termination shall survive such
termination of this Agreement.
5.6 Grounds justifying an inability to respond to a request for CUR include, but are not limited
to, the following, provided that upon the resolution or removal of any of these grounds justifying
an inability to respond, the Responding Party promptly contacts the PSAP and offers to provide
the requested assistance:
(a) The requested unit was inoperative;
(b) The requested unit was dispatched in error and outside the parameters stated
in the Broward County Closest Unit Response Project Charter at Section 4,
Project/Service Description, as may be amended or otherwise modified by the
applicable Broward County governance boards;
(c) The requested unit was being utilized on another emergency call; or
(d) The requested unit is prohibited as matter of federal or state law from
providing aid outside the territorial limitations of their jurisdiction.
ARTICLE 6. CONTROL OF FIRE, RESCUE, EMS, AND SPECIAL OPERATIONS,
6.1 The Parties to this Agreement understand and agree that the Incident Command System
("ICS"), as defined by the National Incident Management System ("NIMS"), is the framework for
controlling and managing emergency incidents within a given jurisdiction. The Incident
Commander ("IC"), as defined within ICS under NIMS, is in charge of the incident and responsible
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for tactical coordination of all personnel and equipment used to control an active incident.
6.2 Control of each Responding Party's personnel shall remain with each Responding Party as
to the rendition of service, standards of performance, discipline of officers and employees, and
other matters incident to the performance of services by the Responding Party's personnel.
6.3 The personnel of the Responding Party shall not be obligated to obey any order that an
officer of the Responding Party reasonably believes to be either in violation of the laws of the
State of Florida, United States, or the established rules and procedures of the Responding Party.
The senior officer of the Responding Party may, in his or her judgment, instruct the personnel of
the Responding Party that they are not obligated to comply with any order issued by another
Party's personnel that said senior officer believes may result in a likelihood of unreasonable risk
of death or bodily injury to the agents, officers, or employees of the Responding Party, or in a
significant and substantial loss or damage to the Responding Party's equipment. In the event of
said noncompliance, the senior officer will notify the other Party's individual who issued said
order, and the senior officer will notify his or her supervisor of the Responding Party.
6.4 Communications at each incident to which a Responding Party is rendering aid shall be in
accordance with the National Incident Management System guidelines, unless otherwise agreed
by the applicable Parties.
ARTICLE 7. REIMBURSEMENT
7.1 All costs associated with providing aid as defined within this Agreement shall be the
responsibility of the Responding Party except as otherwise expressly stated in this Agreement,
the applicable AAA (if any), or another written agreement between the applicable Parties, or, for
a declared emergency only, the applicable respective funding responsibilities per Federal
Emergency Management Agency requirements. Any other agreements relating to payment for
fire protection and emergency medical services shall remain in effect.
7.2 Except as otherwise expressly provided in this Agreement, each Party is solely responsible
for the wages, salaries, cost of workers' compensation or other insurance premiums and benefits,
and retirement and otherjob benefits to any of its employees or contractors, whether or not said
persons provide any services to any other Party under this this Agreement.
7.3 Except as otherwise expressly provided in this Agreement, the Responding Party
furnishing any equipment pursuant to this Agreement shall bear the cost of any loss or damage
to its equipment, and shall be solely responsible for any expenses incurred in the operation or
maintenance of such equipment.
7.4 Any Responding Party that provides transport service may require reimbursement for the
transport service from the transported patient to the extent permitted by law. The Responding
Party will handle billing, insurance claims, and collection in accordance with their policies and
procedures and any applicable laws and regulations, including the latest federal Medicare
guidelines if applicable. The Requesting Party shall receive, upon request to the Responding
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Party, a copy of any such invoices or other documentation, provided that neither Party shall use
or disclose Protected Health Information ("PHI") or Electronic Protected Health Information ("e-
PHI") except as permitted bythe Health Insurance Portability and Accountability Act orthe Health
Information Technology for Economic and Clinical Health Act ("HITECH"), each as amended, and
the regulations promulgated thereunder (collectively "HIPAA"), and any other applicable laws
and regulations, all as may be amended from time to time.
ARTICLE 8. INDEMNIFICATION
8.1 To the extent permitted and as limited by Section 768.28, Florida Statutes, the Parties
shall each individually defend any action or proceeding brought against their respective agency
and shall be individually responsible for all of 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 of the defense thereof and any appellate proceedings, and
from and against any orders, judgments, or decrees that may be entered as a result thereof.
8.2 Each Party shall bear its own responsibility and be liable for any claims, demands, suits,
actions, damages, and causes of actions arising out of or occurring during travel to or from its
own incident or emergency or from an incident or emergency covered by this Agreement.
8.3 The Parties agree that this Agreement does not require any Party to provide, nor entitle
any Party to demand, indemnification, defense, or hold harmless relating to any claims, demands,
damages, or causes of action that may be brought against any Party pursuant to this Agreement.
8.4 Any existing privileges and immunities, limitations from liability, exemptions from laws,
ordinances, and rules, and all pensions, benefits, and other relief, disability, workers'
compensation, and other benefits that apply to the officers, agents, or employees of the Parties
hereto when performing their respective functions and duties within their respective territorial
limits for their respective agencies, shall apply to the same degree and extent to the performance
of those functions and duties of such officers, agents, or employees extraterritorially under the
provisions of this Agreement.
ARTICLE 9. EFFECTIVE DATE; TERMINATION
9.1 This Agreement shall be effective as to each Party on the first day of the first calendar
month after execution of this Agreement by that Party. The effectiveness of this Agreement does
not require the execution by all or any minimum number of municipalities, but shall be effective
as stated in this Section 9.1 for each executing Party after execution by that Party.
9.2 This Agreement may be terminated by any Party solely as to that Party's participation in
this Agreement upon no less than sixty (60) days' prior written notice by the provision of such
written notice to the entities stated in the Notices provision of this Agreement. Upon receipt of
any notice of termination, the Fire Chiefs' Association of Broward County shall promptly serve
such notice upon all other Parties to this Agreement. The termination by any one Party pursuant
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to this section shall have no effect upon the continuation of this Agreement as to the other
remaining Parties.
ARTICLE 10. GENERAL CONDITIONS
10.1 No Waiver of Sovereign Immunity. Nothing herein is intended to serve as a waiver of
sovereign immunity or of any rights or limits to liability existing under Section 768.28, Florida
Statutes, by any agency or political subdivision to which sovereign immunity or such rights or
limitations may be applicable, nor shall nor anything included herein be construed as consent by
any Party to be sued by third parties in any matter arising out of or relating to this Agreement.
This section shall survive the termination of this Agreement.
10.2 No Third -Party Beneficiaries. The Parties do not intend to create or confer any rights or
obligations in or upon any third party by this Agreement. None of the Parties intend to directly
or substantially benefit a third party by this Agreement. The Parties therefore acknowledge that
there are no third -party beneficiaries to this Agreement and that no third party shall be entitled
to assert a claim against any of the Parties based upon this Agreement.
10.3 Independent Contractor. The Parties to this Agreement shall at all times be acting in the
capacity of independent contractors and not as an officer, employee, or agent of one another.
No party or any agent, employee, subcontractor, or assignee of any Party may represent to
another that it has the authority to bind the other Party unless specifically authorized in writing
to do so. No right to any Party's retirement, leave benefits, or any other benefits of a Party's
employees shall exist as a result of the performance of any duties or responsibilities under this
Agreement. Parties shall not be responsible for social security, withholding taxes, contributions
to unemployment compensation funds, or insurance for any other Party or any other Party's
officers, employees, agents, subcontractors, or assignees.
10.4 Equal Opportunity; Discrimination. The Parties agree that no person shall be subjected
to discrimination because of age, race, color, disability, gender identity, gender expression,
marital status, national origin, religion, sex, or sexual orientation in the performance of the
Parties' respective duties, responsibilities, and obligations under this interagency agreement.
10.5 Notices. In order for a notice to a party to be effective under this Agreement, notice must
be sent via U.S. first-class mail, hand delivery, or commercial overnight delivery, each with a
contemporaneous copyvia e-mail, to the addresses listed on the signature pages below, and shall
be effective upon mailing or hand delivery (provided the contemporaneous email is also sent).
The addresses for notice shall remain as provided in this section unless and until changed by
providing notice of such change in accordance with the provisions of this section.
10.6 Compliance with Law. Each Party shall comply with all applicable federal and state laws,
codes, rules, and regulations in performing its duties, responsibilities, and obligations pursuant
to this Agreement. This Agreement does not and shall not be deemed to relieve any Party of any
of its obligations or responsibilities imposed by law except to the extent of the actual and timely
performance of those obligations or responsibilities by one or more of the other Parties to this
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Agreement, in which case performance provided hereunder may be offered in satisfaction of the
obligation or responsibility.
10.7 Governing Law and Venue. This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. The exclusive venue for any
lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts
of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from,
related to, or in connection with this Agreement must be litigated in federal court, the exclusive
venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy
Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, EACH OF THE
PARTIES HEREBY EXPRESSLY WAIVES ANY RIGHTS THAT PARTY MAY HAVE TO A TRIAL BY JURY
OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT.
10.8 Entirety of Agreement. Except as to any AAA or other Automatic Aid or Mutual Aid
agreement between any of the Parties to this Agreement, this document incorporates and
includes all prior negotiations, correspondence, conversations, agreements, and understanding
applicable to the matters contained herein, and the Parties agree that there are no
commitments, agreements, or understanding concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, the Parties agree that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements, whether oral
or written, unless expressly permitted herein.
10.9 Severability. In the event any part of this Agreement is found to be unenforceable by any
court of competent jurisdiction, that part shall be deemed severed from this Agreement and the
balance of this Agreement shall remain in full force and effect.
10.10 Assignment. Neither this Agreement nor any interest herein may be assigned,
transferred, or encumbered by any Party. There shall be no partial assignments of this Agreement
including, without limitation, the partial assignment of any right to receive payments from any
other Party. Any attempt to assign this Agreement or any interest or obligation under this
Agreement shall be null and void ab initio.
10.11 Interpretation. The titles and headings contained in this Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
All personal pronouns used in this Agreement shall include the other gender, and the singular
shall include the plural, and vice versa, unless the context otherwise requires. Terms such as
"herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not
to any particular sentence, paragraph, or section where they appear, unless the context
otherwise requires. Whenever reference is made to a section or article of this Agreement, such
reference is to the section or article as a whole, including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or article.
Any reference to "days" means calendar days, unless otherwise expressly stated.
10.12 Preparation of Agreement. The Parties acknowledge that they have sought and obtained
whatever competent advice and counsel as was necessary for them to form a full and complete
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understanding of all rights and obligations herein and that the preparation of this Agreement has
been their joint effort, the language agreed to herein expresses their mutual intent, 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.
10.13 Authority. Each person signing this Agreement on behalf of any Party warrants that he or
she has full legal power and authority to execute this Agreement on behalf of that Party.
10.14 Materiality; Waiver. Each requirement, duty, and obligation set forth in this Agreement
was bargained for at arm's-length and is agreed to by the Parties. Each requirement, duty, and
obligation set forth in this Agreement is substantial and important to the formation of this
Agreement, and each is, therefore, a material term of this Agreement. A Party's failure 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 waiver of any subsequent breach and shall not be construed to be a modification of the terms
of this Agreement. To be effective, any waiver must be in writing signed by an authorized
signatory of the Party.
10.15 Public Records. Each Party shall be individually responsible for compliance with the
obligations of Chapter 119, Florida Statutes, for any public records made or received by that
Pa rty.
10.16 Priority of Provisions. If there is a conflict or inconsistency between any term, statement,
requirement, or provision of any document, addendum, or exhibit attached to or incorporated in
this Agreement and any provision of Articles 1 through 10 of this Agreement, the provisions
contained in Articles 1 through 10 shall prevail and be given effect.
10.17 Amendments. No modification, amendment, or alteration in the terms or conditions
contained in this Agreement shall be effective unless contained in a written document prepared
with the same or similar formality as this Agreement and executed by duly authorized
representatives of each Party. Any amendment to Automatic Aid Addendums (AAAs) shall require
only the written approval by authorized representatives of the Parties to that particular AAA and
shall not constitute an amendment to this Agreement.
10.18 Conflict Resolution. The Parties mutually agree that it is beneficial to have a conflict
resolution policy in place as an incorporated element of this Agreement. If any Party is in conflict
as to another Party relating to a dispute arising out of this Agreement or any provision thereof,
an executive director/senior manager of each Party in conflict will meet within thirty (30) days
after being notified of a conflict. The Parties in conflict will attempt to resolve the conflict at the
senior management level without the need for further resolution, unless it is impractical or not
feasible to resolve the issue at the negotiations level. If negotiations fail to resolve the issue, upon
request by any Party in the conflict, the conflicting Parties shall mediate the issues by a Supreme
Court Certified Circuit Civil Mediator in Broward County, Florida. Any such mediation shall occur
within thirty (30) days after the date mediation is requested by a conflicting Party. The Mediator
shall be agreed upon by the Parties in conflict by mutual agreement (if the Parties cannot agree,
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each Party in the conflict shall select one (1) mediator, and the selected mediators shall agree
upon the mediator that shall conduct the mediation, which may be any of the selected mediators
or a different mediator entirely). The conflicting Parties shall pay the Mediator fees promptly and
on an equal basis. Litigation may not be commenced by a Party until after any requested
mediation has been (i) declared an impasse by the Mediator, (ii) terminated in writing by one or
both of the Parties, or (iii) there is an immediate need for judicial relief of an emergency nature
(i.e., the need for a temporary restraining order or preliminary injunction). Nothing in this section
is intended to prejudice a Party's right to access the courts to obtain judicial relief or assistance;
rather, this provision is created to facilitate resolution before litigation is initiated. Provided an
appropriate Resolution has been issued by the governing body of the applicable Party and noticed
to the applicable entities in compliance with Section 164.1052(1), Florida Statutes, compliance
with the provisions of this section shall be deemed by the conflicting Parties to constitute full
compliance with the conflict assessment phase obligations of the Parties under Section
164.1053(1), Florida Statutes. Unless the applicable Parties otherwise agree in writing, nothing
in this section alleviates the Parties' obligations to comply with Section 164.1055, Florida
Statutes, or any necessary notice obligations under Florida law.
10.19 Counterparts and Multiple Originals. This Agreement may be executed in multiple
originals, and may be executed in counterparts, each of which shall be deemed to be an original,
but all of which, taken together, shall constitute one and the same agreement.
10.20 Recording. This Agreement and any subsequent amendments shall be recorded in the
Official Records of Broward County.
The remainder of this page is intentionally blank.
Automatic Aid Via CUR Interlocal Agreement Page 11 of 14
IONAL INTERLOCAL AGREEMENT
FOR COOPERATIVE FIRE, RESCUE EMERGENCY MEDICAL SERVICES, AND SPECIAL OPERATIONS
RESPONSE THROUGH AUTOMATIC AID AND CLOSEST UNIT RESPONSE
SHERIFF OF BROWARD COUNTY
By:
Sheriff of Broward County
Witnessed:
Witnessed:
Approved as to form and legal sufficiency:
M
Terrence Lynch, General Counsel
Office of the General Counsel
NOTICE ADDRESS PER § 10.5:
Email address:
Date:
Date:
Automatic Aid Via CUR Interlocal Agreement Page 12 of 14
REGIONAL INTERLOCAL AGREEMENT
FOR COOPERATIVE FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND SPECIAL
OPERATIONS RESPONSE THROUGH AUTOMATIC AID AND CLOSEST UNIT RESPONSE
C) ....... q�9, MUNICIPALITY
ATTEST: ESTABLISHED .
1963 : 0:
AL
CJ
QE IFER J NON;
NOTICE ADDRESS FOR CITY OF
Email address:
CITY OF TAMARAC
By. i ._--
M HELLS J. GOME CITY MAYOR
Print Name
lv�olday of S645r6M 20.7-1
I HEREBY CERTIFY that I have approved
this First Amendment as to form and legal
sufdfici6cy subject to exebption by the Parties:
PER § 10.5:
ERIN, JR\ CJTY ATTORNEY
Automatic Aid Via CUR Interlocal Agreement Page 13 of 14
REGIONAL INTERLOCAL AGREEMENT
FOR COOPERATIVE FIRE, RESCUE, EMERGENCY MEDICAL SERVICES, AND SPECIAL
OPERATIONS RESPONSE THROUGH AUTOMATIC AID AND CLOSEST UNIT RESPONSE
WITNESS:
(Signature)
(Print Name of Witness)
(Signature)
(Print Name of Witness)
NOTICE ADDRESS PER § 10.5:
Broward County Regional Emergency
Services and Communications
Attn: Director, Tracy Jackson
201 NW 84 Avenue
Plantation, Florida 33324
Fort Lauderdale, Florida 33301
Email address: tjackson@broward.org
RDH
2021-08-20 Regional Automatic Aid Agreement
#473096.7
BROWARD COUNTY
BROWARD COUNTY, by and through
its County Administrator
By
County Administrator
day of 12021
Approved as to form by
Andrew J. Meyers
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
Rene D. Harrod (Date)
Chief Deputy County Attorney
Automatic Aid Via CUR Interlocal Agreement Page 14 of 14