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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 Page 2 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 1963 r p � r O• gEf11. ••C7_ 0 CO 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 ..................... Search Enter Search Tex. Category Functions 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 Powered by IQM2 Intelligent Meeting Management Solutions 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. I\Poll YCMMB&A 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