HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-0631
Temp. Reso #12044
Page 1
June 1, 2011
Revision #1: June 2, 2011
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R 2011- & 3
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE AND THE APPROPRIATE
CITY OFFICIALS TO APPROVE AND TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE CITY OF CORAL SPRINGS;
ALLOWING FOR THE PROVISION OF COOPERATIVE
AUTOMATIC FIRE AND EMERGENCY MEDICAL
SERVICES THROUGH AUTOMATIC AID; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to improve the
level of fire and emergency medical services provided to our community; and
WHEREAS, An Interlocal Cooperative Automatic Aid Agreement with adjacent
communities helps to improve fire and emergency medical services to each community;
Frill
WHEREAS, the City of Tamarac and the City of Coral Springs wish to enter into
an Interlocal Cooperative Automatic Aid Agreement; and
WHEREAS, on April 26, 2011 the City of Coral Springs adopted Legislative File
#2367 approving the Interlocal Agreement for Automatic Aid with the City of Tamarac,
(attached hereto as Exhibit "A"); and
WHEREAS, the Agreement will automatically allow Tamarac and Coral Springs
to mutually assist each other on fire and emergency medical service calls along the
Sawgrass Parkway between Atlantic Boulevard and Commercial Boulevard serviced by
Coral Springs Fire Stations 95 and 71 and Tamarac Fire Stations 15 and 41; and
Temp. Reso #12044
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June 1, 2011
Revision #1: June 2, 2011
WHEREAS, similar levels of fire and emergency medical services are provided
by the City of Tamarac and Coral Springs; and
WHEREAS, operational coordination of fire and emergency medical services will
provide improved protection within each service area; and
WHEREAS, The City Manager and the Fire Chief recommend the approval and
execution of the Interlocal Automatic Aid Agreement between the City of Tamarac and
Coral Springs (attached hereto as Exhibit "B"); 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 participate in
an Interlocal Agreement with Coral Springs to provide for cooperative fire and
emergency medical services through an Automatic Aid Agreement.
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 incorporated herein and made a specific
y
part of this Resolution.
Section 2: The appropriate City Officials are hereby authorized to approve
the Interlocal Agreement between the City of Tamarac and the City of Coral Springs,
providing for cooperative automatic fire and emergency medical services (attached
hereto as Exhibit "B")
Section 3: The appropriate City Officials are hereby authorized to execute
the Interlocal Agreement between the City of Tamarac and the City of Coral Springs,
providing for cooperative automatic fire and emergency medical services (attached
hereto as Exhibit "B").
1
1
Temp. Reso #12044
Page 3
June 1, 2011
Revision #1: June 2, 2011
Section 4: All Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 5: 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 in application, it shall not affect the validity of the remaining portion or
applications of this Resolution.
Section 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PETER M. J. RICPAR060N; ,, M, CMC
CITY CLERK GF ..i.....4' .,
TpB�tSHED ; ❑
ES
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I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
SAM EL S. 0REN
VCITY ATTORNEY
;c2 day of-9, 2011.
PAMELA BUSHNE L
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL:
DIST 1: COMM. SWENS N
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASS
DIST 4: COMM. DRESSLER
.....................
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TR 12044
EXHIBIT A
City of Coral
Springs
Floridan
Interlocal Agreement
Adopted
Fire Department
Apr 26, 2011
6:30 PM
Interlocal Agreement
Consent - Customer
Involved Government
Attachments
Interlocal Agreement - CS
& Tamarac
Download Document Body
Document Body
Welcome, Visitor
CHI
Voter Yes/Aye
Initiator Yes/Aye
Voter Yes/Aye
Voter Yes/Aye
Seconder Yes/Aye
History
Approved 04/26/2011 06:30 PM
DEFINITION: Automatic Aid, for the purpose of this inter -local
agreement, shall mean automatic assistance for any incident
that occurs on the Sawgrass Expressway between Atlantic
Boulevard and Commercial Boulevard serviced by Coral
Springs fire stations 95 and 71 and Tamarac fire stations 15
and 41.
TR 12044
EXHIBIT A
The City of Tamarac approved this Inter -local Agreement on
Copies To: John Hearn, City Attorney
Sherry Whitacre, Municipal Prosecutor
Meeting History
Apr 26, 2011 6:30 PM City Commission Meeting
ACTION: The Interlocal Agreement was approved and the City Manager was
authorized to execute the agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER, Claudette Bruck, Vice Mayor
SECONDER- Larry Vignola, Commissioner
AYES: Roy Gold, Claudette Bruck, Vincent Boccard, Tom Powers,
Larry Vignola
TR 12044
EXHIBIT
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INTERLOCAL AGREEMENT
BETWEEN
CITY OF CORAL SPRINGS
CITY OF TAMARAC
for
COOPERATIVE FIRE PROTECTION
THROUGH AUTOMATIC AID
This Interlocal Agreement, entered into this Aa day of ,
2011, by and between:
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9551 West Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CORAL SPRINGS")
:►i
CITY OF TAMARAC, FLORIDA
a municipal corporation
7525 NW 88 Avenue
Tamarac, Florida 33321
(hereinafter referred to as "TAMARAC")
(hereinafter collectively referred to as the "Parties")
WITNESSETH
WHEREAS, 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; and
WHEREAS, the Parties believe that because of their shared boundaries and
mutual responsibility to provide fire protection, coordination of such services between the
Parties would be appropriate and beneficial to the public; and
WHEREAS, operational coordination of certain fire protection services would
provide improved fire protection within the service areas of such Parties; and
WHEREAS, the Parties to this Interlocal Agreement have entered into previous
agreements for mutual and automatic aid for the purpose of providing fire protection; and
WHEREAS, it is therefore deemed in the best interest of the Parties and for the
public's health, safety and welfare that the Parties enter into this Interlocal Agreement for
the purpose of providing cooperative fire protection services through Automatic Aid;
NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth herein, the Parties agree as follows:
Doc. 103260 v5 Page 2 of 12
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT
1.1 It is the purpose and intent of this Interlocal Agreement for the Parties, pursuant
to Section 163.01, Florida Statutes, to cooperate and provide for a means by
which each government 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 the CORAL SPRINGS and TAMARAC find that
mutual cooperation in the delivery of fire protection services can best be
accomplished within a cooperative, interlocal configuration. To further that
cause, CORAL SPRINGS and TAMARAC willingly enter into this Interlocal
Agreement, which extends beyond concept of mutual aid to the concept of
automatic aid for fire protection.
It is mutually understood and agreed that this Interlocal Agreement does not relieve any
party hereto from the necessity and obligation of furnishing adequate services within their
own jurisdictional boundaries.
ARTICLE 2
DEFINITIONS AND IDENTIFICATIONS
2.1 Interlocal Agreement — means this document, Articles 1 through 16, inclusive.
2.2 Coverage — means the provision of fire protection and/services, if needed, to
another jurisdiction or geographic area which does not require the relocation or
movement of apparatus and personnel.
2.3 Responding Party — means the agency which is providing assistance to another
agency who has declared an emergency incident.
2.4 Requesting Party — Means the agency which is requesting assistance from an
outside agency to assist in mitigating an emergency incident.
ARTICLE 3
AUTOMATIC RESPONSE AREA
3.1 Each Party's fire suppression apparatus, and personnel shall provide automatic
aid response within the areas on the Sawgrass Expressway serviced by the
following stations: Coral Springs — Stations 95 and 71 and Tamarac —
Stations 15 and 41.
Doc. 103260 v5 Page 3 of 12
3.2 The Parties agree to implement station response areas using the closest unit
response concept. The closest available apparatus shall respond to a request for
assistance regardless of whether the location of the fire is within the jurisdiction,
which operates the apparatus.
ARTICLE 4
COMPENSATION
4.1 This Interlocal Agreement is an equitable exchange of services that shall not
require monetary compensation from the Parties. All other intergovernmental
agreements relating to payment for fire protection and emergency medical
services remain in effect.
4.2 Each Party to this Interlocal Agreement shall remain responsible for the wages or
salaries, the cost of worker's compensation and other insurance premiums and
benefits, and retirement and other job benefits now provided for any of its
employees who are assigned work under this Interlocal Agreement.
4.3 Any services performed or expenditures made in connection with the furnishing
of assistance shall conclusively be presumed to be for the direct protection of the
inhabitants and property of the party requesting assistance.
4.4 Each Party agrees that the Responding Party may invoice, collect, and retain fees
from those persons receiving hazardous materials mitigation.
4.5 The Party furnishing any equipment pursuant to this Interlocal Agreement shall
bear the loss or damage to such equipment and shall pay any expenses incurred in
the operation and maintenance thereof.
ARTICLE 5
RESPONSE COMMITMENT
5.1 The Parties shall, as soon as practical by their Fire Chiefs, develop policies,
procedures, rules and regulations to carry out the Parties' intent in the
coordination of functions and services described herein.
5.2 Each Party agrees not to permanently reduce the level of fire protection without
notice to each party of this Interlocal Agreement.
5.3 Each Party shall be responsible for the normal maintenance and repair of its
facilities and equipment.
Doc. 103260 v5 Page 4 of 12
5.4 The Primary Response Zones are reflected in Article 3. The Primary Response
Zones may be amended from time to time and any changes shall be provided by
the respective Fire Chief or his designee to the other parties.
5.5 Each Party acknowledges that any changes shall not increase response time or
reduce any other efficiency of services.
ARTICLE 6
COMMAND OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE
The senior chief officer of the jurisdiction in which the emergency scene is located may
be in command of the incident upon their discretion. "Command" means the person is
responsible for the tactical coordination of all personnel and equipment then in use to
control the emergency.
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PRIORITY FOR SIMULTANEOUS CALLS
In the event of simultaneous or nearly simultaneous fire, rescue, emergency, or disaster
calls relating to emergencies located within the Automatic Aid Response Area's
boundaries, the call relating to the emergency located within the boundaries of each
respective agency shall take priority over the call from the other party. The inability to
complete the assignment will be relayed to the Fire Rescue Dispatcher who will in turn
notify the appropriate responsible agency and a replacement unit will be dispatched.
ARTICLE 8
PRIOR COMMITMENT OF EQUIPMENT
In the event that a Party's equipment and personnel are already working an emergency
located within that Party's respective jurisdictional limits, said equipment and personnel
shall not be released to respond to the emergency call of the Requesting Party until such
time as, in the sole and absolute discretion of the senior officer in command of the
Responding Party's vehicles, it is determined that the Responding Party's equipment and
personnel can be released to respond to the Requesting Party's fire, emergency medical,
or disaster call. Only that portion of the Responding Party's equipment and personnel as
the respective party's senior officer in command shall deem available for release at that
time shall be released to respond.
Doc. 103260 v5 Page 5 of 12
ARTICLE 9
COMMUNICATION
Recognizing that communication is essential to successfully provide fire protection
related assistance, each Party agrees to provide the necessary radio equipment for their
respective personnel and vehicles to access the appropriate Communication Center.
ARTICLE 10
JUSTIFIED FAILURE TO RESPOND
10.1 The Parties recognize and agree that, if for any reason beyond the control of the
Responding Party, the vehicle, personnel, or both, are not available to respond to
a fire, medical emergency, or disaster call within the limits of the other Party's
jurisdictional area, the Responding Party shall not be liable or responsible in any
regard whatsoever.
10.2 In accordance with Article 10.1 above, the reasons justifying a failure to respond
shall include, but not be limited to, the following:
10.2.1 If, in the opinion of the senior officer in command of the Responding
Party's service at the time of request for response, the Responding Party
would suffer undue jeopardy and be left inadequately protected if the
Responding Party responds as requested without Move Up Coverage en
route.
10.2.2 The requested vehicle is inoperative.
10.2.3 The requested vehicle is being utilized on a previous emergency call.
ARTICLE 11
INDEMNIFICATION
11.1 The Parties shall each individually defend any action or proceeding brought
against their respective agency and shall be individually responsible for all its
own costs, attorneys fees, expenses and liabilities incurred as a result of any such
claims, demands suites, actions, damages and courses of action, including the
investigation of the defense thereof, and from and against any orders, judgments
or decrees which may be entered as a result thereof.
11.2 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 emergency or disaster site or from an emergency or
disaster site covered by this Interlocal Agreement.
Doc. 103260 vS Page 6 of 12
11.3 The Parties agree that no indemnification or hold harmless agreement shall be in
effect concerning any claims, demands, damages and causes of action which may
be brought against any Party pursuant to this Interlocal Agreement.
ARTICLE 12
AMENDMENTS
12.1 An Amendment to this Interlocal Agreement may be initiated by the City
Manager of each city.
12.2 The Parties agree that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements whether oral or written. It is further
agreed that no charge, amendment, alteration or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith by all
parties to this Interlocal Agreement.
12.3 Approval of such proposed amendments by the legislative bodies shall make such
amendments effective as to and shall be binding upon all in its Interlocal
Agreement.
ARTICLE 13
TERMINATION
A Party may terminate its participation in this Interlocal Agreement by giving each of the
other Parties ninety days (90) written notice as provided in Article 16 herein.
ARTICLE 14
WAIVER OF JURY TRIAL
The Parties to this Agreement hereby knowingly, irrevocably, voluntarily and
intentionally waive any right either may have to a trial by jury in respect to any action,
proceeding, lawsuit or counterclaim based upon the contract, arising out of, under or in
connection with the matters to be accomplished in this Agreement, or any course of
conduct, course of dealing, statements (whether verbal or written) or the actions or
inactions of any party.
Doc. 103260 vS Page 7 of 12
ARTICLE IS
MISCELLANEOUS
15.1 Joint Partici ation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be constructed more severely against one of the Parties
than the others.
15.2 Entire A reexnent and Modification: The Interlocal Agreement incorporates,
supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matter contained herein. It is
further agreed that no change, alteration or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
15.3 Records: Each Party agrees to permit another Party to this Interlocal Agreement to
examine all records and the right to audit any books, documents and papers that
were generated during the course of administration of this Interlocal Agreement.
The Parties shall maintain the records, books, documents and papers associated
with the Interlocal Agreement for at least three (3) years following execution of
this Interlocal Agreement.
15.4 Contract Administrators. The Contract Administrators for this Interlocal
Agreement are the Fire Chiefs, or designees, for the Parties. In the administration
of this Interlocal Agreement, as contrasted with matters of policy, the Parties may
rely upon instructions or determinations made by the respective Contract
Administrators.
15.5 ADA Com liance: The Parties agree to fully comply with their obligations under
Title 1 of the Americans with Disabilities ACT (ADA) and failure to comply with
same shall be cause for immediate termination of this Interlocal Agreement by
any of the Parties.
15.6 N.g Waiver: No waiver for any provision in the Interlocal Agreement shall be
effective unless it is in writing, signed by the Party against whom it is asserted,
and any such written waiver shall only be applicable to the specified instance to
which it relates and shall not be deemed to be a continuing or future waiver. No
waiver of any provision or any failure to perform and of the terms, covenant, and
conditions hereunder shall operate as a waiver of any other prior or subsequent
failure to perform any to the terms, covenants, or conditions herein contained.
15.7 Assignment: The respective obligations of the Parties set forth in this Interlocal
Agreement shall not be assigned, in whole or in part, without the prior written
consent of the other parties.
Doc. 103260 v5 Page 8 of 12
15.8 Governiniz Law and Venue: This Interlocal Agreement shall be governed,
construed and controlled according to the laws of the State of Florida without
regard to its conflict of laws provisions. Any Claim, objections or dispute arising
out of the terms of this Interlocal Agreement shall be litigated in the Seventeenth
Judicial Circuit in and for Broward County, Florida.
15.9 Severability: In the event a portion of this Interlocal Agreement is found by a
court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective.
ARTICLE 16
NOTICES
16.1 All notices and other communications required or permitted under this Agreement
shall be in writing and given by:
16.2 hand delivery
16.3 registered or certified mail, return receipt requested;
16.4 overnight courier, or
16.5 facsimile to:
CORAL SPRINGS: Erdal Donmez, City Manager
City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
Tele: 954-344-1142
Fax: 954-344-1043
TAMARAC: Michael Cemech, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Tele: 954-597-3510
Fax: 954-597-3520
16.6 or to such other address as any party may designate by notice complying with the
terms of this Article. Each such notice shall be deemed delivered:
Doc. 103260 v5 Page 9 of 12
16.6.1 on the date delivered if by personal delivery or overnight
courier,
16.6.2 on the date upon which the return receipt is signed or
delivery is refused or the notice is designated by the postal
authorities as not deliverable, as the case may be, if mailed;
and
16.6.3 on the date of transmission with confirmed answer back if
by fax.
(THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK)
Doc. 103260 v5 Page 10 of 12
IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS and the CITY OF
TAMARAC have caused these presents to be executed in their respective names, by the
proper officials, the day and year first above written.
CITY OF CORAL SPRINGS, a municipal
corporation organized and existing under the
laws of the State of Florida
ATTEST:
Approved as to form:
-��
�55, 54+�City A orney
The foregoing instrument was acknowledged before me, the u ders' ed Notary
Public in and for the State of Florida, on this, the _ day of
2011, by Josephine Chavez and Roy Gold, C'y 9erk and ayor, respectively.
N4—
Notary Public, State of Florida
NOTARY PUBLIC
SEAL OF OFFICE
Printed name of Notary Public
Personally known to me; oath taken
NOTARY PUBUC_nATR OF F'LORIDA
••, Debra Dore -Thomas
Commission #DD725250
r Ex it
BOiig D TMU AIT AMC d� G Co., Ujr
Doc. 103260 v5 Page 11 of 12
CITY OF TAMARAC
d SUM t
ATTEST: PAMELA BUSHNELL, MAYOR
r v�111t�►►►���
JAY x" lit
PETER M.J. RI RDSON, C �••'
CITY CLERK
APPROVED AS TO FORM: �S� P �g63 O
IL
u S. Goren, -City Attorney �' 1111► 1 1 1 % W\
State of Florida
County of Broward
The foregoing instrument was acknowledged before me, the undersigned notary
public in and for the State of Florida, on this, the c;t y day of
2011, by Pamela Bushnell and Peter M. J. Richardson,
MayorAd City Clerk, respectively.
Notary Public, State of Florida
Individuals who signed are person y known;
no identification produced; oath was taken
��TINA M. WHEATLEY
MY CO[�M4tSSION M EE56 t4
EXPMM: August 06. 2014
14004440TARY t7. Nary Ducom Ar . Co.
Doc. 103260 v5 Page 12 of 12