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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-035Temp. Reso. #10909 February 15, 2006 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006-,J5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF LAUDERHILL FOR THE PROVISION OF COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION 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 emergency medical and fire services to our community; and WHEREAS, a cooperative agreement with adjacent communities would improve emergency medical and fire services to each community; and WHEREAS, similar levels of emergency medical and fire services are provided by Tamarac and Lauderhill; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved protection within each service area; and WHEREAS, the City of Tamarac and Lauderhill desire to enter into this Interlocal Agreement, attached hereto as Exhibit A, in order to form cooperative emergency medical and protection services through Automatic Aid; and Temp. Reso. #10909 February 15, 2006 Page 2 WHEREAS, the Interlocal Agreement has been reviewed and approved as to legal form by the City Attorney in a written Memorandum, attached hereto as Exhibit B; and WHEREAS, it is the recommendation of the Fire Chief that Tamarac participate in this Automatic Aid Agreement; 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 this Interlocal Agreement providing for cooperative emergency medical and fire protection services through Automatic Aid. 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. SECTION 2: The City of Tamarac will participate as a party to the Agreement to provide cooperative emergency medical and fire protection services through Automatic Aid. SECTION 3: The appropriate City officials are hereby authorized to execute the Agreement between Tamarac and Lauderhill (attached hereto as Exhibit A). SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1-1 Temp. Reso. #10909 February 15, 2006 Page 3 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this Sth day of Morch , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. M� ItAMU-ELS.GOREN i■•:► JOE SCHREIBER, MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO Alle DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS Interlocal Agreement Between The City of Tamarac And The City of Lauderhill Providing for Cooperative Automatic Fire Rescue Aid INTERLOCAL AGREEMENT PROVIDING FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID This Agreement is made by and between the City of Tamarac a Florida municipal Corporation ("Tamarac"), and the City of Lauderhill, a municipal corporation ("Lauderhill"). WITNESSETH: ARTICLE I. Background, Purpose, Intent and Definitions 1.1 It is the intent of the parties and the purpose of this Agreement for the cities described above to cooperate and provide for a means by which each city may exercise its powers, privileges, and authority in common and jointly, in order to further common goal, all pursuant to Section 163.01, Florida Statutes. 1.2 The respective governing bodies of each of the cities named herein have found that mutual cooperation in the delivery of fire service can best be accomplished within a cooperative,1nterlocal undertaking. 1.3 Both of the cities described above are going to enter into this Agreement to expand on the operational concept of the mutual aid and to extend the same to automatic aid for fire services, whereby each of the cities hereto shall automatically respond to an incident of emergency without the need for a specific request through the controlling dispatch system, (unless the Responding Party is unable to respond, in which case the Responding Party will notify the Receiving Party immediately). 1.4 This Agreement is intended to cover only initial emergency responses within the designated Territory, any long-term responses are to be handled by the respective local jurisdiction's own units. ARTICLE II. DEFINITIONS 2A For the purposes of this Agreement, the terms herein after set forth shall be deemed to govern the relationship between the cities names herein. a) Contract Administration means the fire chiefs of the respective cities named herein. b) Receiving party means the city receiving a response from the Responding party of assistance in order to mitigate an incident of emergency. 2 c) Responding Party means the city providing assistance to the Receiving party which has declared and incident of emergency. d) Territory means the following geographic territory(s) described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III. RESPONSE UNITS 3.1 Each of the cities names above shall immediately respond to an incident of emergency in the Territory as if the incident of emergency and the point of response were within the municipal boundaries of the Responding Party, and such response shall occur automatically, without the need for a specific request through the controlling dispatch system. 3.2 The Responding party shall respond with a complement of personnel and equipment as described upon Exhibit "B" attached hereto and made a part hereof. ARTICLE IV. COMMUNICATIONS 4.1 Each city described herein shall maintain common radio communication channels. 4.2 Each city described herein shall utilize a Common Incident Management System, 4.2 Each city described herein shall utilize common radio communication protocols. ARTICLE V. CONTRACT ADMINISTRATOR'S DISCRETION 5.1 In the event of an incident of emergency contemplating a response by a Responding Party, such response shall be made in the professional discretion of the Contract Administration or the Contract Administrator's designee, in rank, and in the event the Responding party shall decline to respond to the incident of emergency, the Responding Party shall use best efforts to notify the Receiving Party of the declination. ARTICLE VI. INDEMNIFICATION 6.1 Each of the cities named in this Agreement shall be individually and separately liable and responsible for the actions of its officers, agents, and employees in the performance of their respective obligations under this Interlocal Agreement. Q 6.2 Each of the cities named in this Agreement shall individually defend any action or proceeding brought against their respective agents and pursuant to this Interlocal Agreement and shall be individually responsible for all of their respective costs, attorney 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 , including appellate proceedings. 6.3 Each of the cities named in this Agreement 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 either party pursuant to Interlocal Agreement. 6.4 The Parties shall each individually maintain throughout the term of this Interlocal Agreement any and all applicable insurance coverage required by Florida law for governmental entities. 6.5 Notwithstanding the provisions contained herein, neither party waives their sovereign immunity or any aspect thereof, nor their limitations of liability, nor any right and privileges as provided in Section 768.28, Florida Statutes. ARTICLE VII. NO THIRD PARTY BENEFICIARY STATUS CREATED 7.1 By the execution of this Agreement, the cities named herein do not intend to create a third party beneficiary status in any other person or entity. ARTICLE VIII. CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE 8.1 When the Responding Party shall have reached the Receiving Party's incident or emergency site, the Receiving Party's on site senior officer in command will assume control of the Responding Party's personnel and equipment, and such on -site senior officer shall direct the activities and deploy both personnel equipment in the area of the incident or emergency. 8.2 Notwithstanding 8.1 above, the Responding Party shall command and be in control of it's personnel with regard to the rendition of service, standards of performance, discipline of officers and employees, and such other matters as shall be incidental to the performance of fr, -f �-Mlt�ng and rescue services Nei + t::C wqbccr otherwise in command of the responding party's personnel or members of the Responding Party's complement shall be obligated to obey any order which is believed by them, or any of them to be in violation of the State of Florida, the laws of the United. States of America, or of the Responding Party's city, and shall not be required to obey, any order which they , or any of them, believe may unnecessarily result in the likelihood .19 or unreasonable risk of death or bodily injury, or the likelihood or unreasonable risk of death or bodily injury to the agents, officers or employees of the Responding Party's complement or which they believe may unnecessarily result in the likelihood or unreasonable risk of the Responding Party incurring a loss of or damage to the Responding Party's equipment. 8.3 At no time shall the Responding Party be deemed to be an employee of, or an agent of, the Receiving Party. Nor shall the Receiving Party be deemed to be an employee of, or an agent of, the Responding Party. Each party is an independent contractor to the other. ARTICLE IX. PRIORITY FOR SIMULTANEOUS CALLS 9.1 An incident of emergency in the cities of the Responding Party shall take precedence over the call from the Receiving party. 9.2 In the event there shall occur an incident of emergency in the responding party's city at or during the time that the Responding Party is responding to the Receiving Party or rendering service thereto, the Responding Party shall immediately notify the Receiving Party and the Receiving Party shall, in turn, request additional outside assistance pursuant to the applicable Mutual Aid Agreement. Notwithstanding the lack of Mutual Aid Assistance, the Responding Party shall have the right to immediately quit the effort and remove its equipment and complement personnel. ARTICLE X. TERM OF AGREEMENT 10.1 This Agreement shall be deemed to be evergreen agreement and renew from day to day, unless otherwise terminated.in accordance with the terms hereof. ARTICLE XI. TERMINATION 11.1 Notice of termination shall be addressed to the city intended to receive same pursuant to Section 13.3 hereof. ARTICLE XII. RECORDATION 12.1 A copy of this Agreement shall be recorded with the Clerk of Circuit Court of Broward County, Florida, in accordance with the provisions of Section 163.01 (11), Florida Statutes. 5 ARTICLE XIII. MISCELLANEOUS 13.1 Waiver: No waiver by either city of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by either city of the same, or any other provision or the enforcement thereof. 13.2 Non -Assignability: This Agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. 13.3 Notice: The delivery of any items and the giving of notice in compliance with the terms of this Agreement shall be accomplished by making same, in writing, and by the delivery thereof to the party intended to receive it as indicated below or by mailing the same to the address of such party, attached hereto and made a part hereof. In the event such notice is made by mail, the same shall be given via U.S. mail, Return Receipt Request and, unless otherwise provided herein, notice or delivery by mail shall be effective when mailed, For Tamarac: Copy to: For Lauderhill: Copy to: City Manager City of Tamarac 7525 N.W. 881h Ave. Tamarac, F133321 (954)724-1230 City Attorney City Of Tamarac 7525 N.W. 88th Ave Tamarac, FL 33321 City Manager City of Lauderhill 2000 City Hall Drive Lauderhill, FL 33313 (954) 730-3000 City Attorney City Of Lauderhill Hall & RosenbergP�L. 14 Rose Drive Fort Lauderdale FL 33316 (954) 463-9077 2 13.4 Construction: This Agreement and the terms hereof shall be constructed in accordance with the law of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward County, Florida. 13.5 Severability: Should any word, phase or provision hereof be declared illegal or invalid by a court of competent jurisdiction, such declaration of illegality and / or invalidity shall not affect the remainder hereof. 13.6 Entire Agreement; Modification: No Statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 13.7 Captions and paragraph headings: Captions and paragraph headings contained in this Agreement are for convince and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intend of any provisions hereof. 13.8 Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties further intention that this Agreement be construed liberally to achieve its intent. 13.9 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 13.10 Exhibits are Inclusionary: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated by herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. In Witness Whereof, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. 7 For Tamarac: ATTEST: CITY �CL RK Dates: App ved as to for and legal sufficiency: 2 Y ATTORNEY For Lauderhill: ATTEST: CITY CLERK Dates: Approved as to form and legal sufficiency: CITY ATTORNEY 8 t BY - AYOR �,TMANAGER MAYOR CITY MANAGER "EXHIBIT A" Geo ra hic Territory Covered by Automatic Fire Rescue Aid A reement TAMARAC- Southbound on the Florida's Turnpike, between Commercial Boulevard and Sunrise Boulevard. LAUDERHILL: Northbound on the Florida's Turnpike, between Sunrise Boulevard, and Commercial Boulevard. 9 EXHIBIT B PERSONNEL AND EQUIPMENT TAMARAC: Agrees to send a pumping engine and ALS rescue to all calls in the designated area as written in Exhibit A, with at least three persons on the pumping engine and at least two persons on the ALS rescue LAUDERHILL: Agrees to send a pumping engine and ALS rescue to all calls in the designated as written in Exhibit A, with at least three persons on the pumping engine and at least two persons on the ALS rescue 10 TR10909 EXHIBIT 2 TO: CC: FROM DATE: RE: CITY OF TAMARAC MEMORANDUM NO. 2006-01 S Jim Budzinski, Fire Chief Jeffrey Miller, City Manager Sam S. Goren, City Attorne Jacob G. Horowitz, Assistant City Attorney^ February 6, 2006 TAVARAC FIRE R� ; Md FE8 4 AN Its City of Tamarac ("City") / Interiocai Agreement with City of Lauderhill for Providing Cooperative Automatic Fire Rescue Aid Pursuant to your request, our office has reviewed the Interlocal Agreement between the City of Tamarac and the City of Lauderhill providing for cooperative automatic .fire rescue aid, and we approve the agreement as to legal form. We have noted the modifications made by the City Attorney's office in Lauderhill, and determined they do not significantly alter the agreement. As stated, the agreement will be limited to the following geographic areas: Tamarac — Southbound on the Florida Turnpike, between Commercial Boulevard and Sunrise Boulevard. Lauderhill — Northbound on the Florida Turnpike, between Sunrise Boulevard and. Commercial Boulevard. Assuming all parties are aware of and consent to the areas covered by the agreement, this clarification should not be a problem. Additionally, the other changes made by the Lauderhill City Attorney do not materially alter the terms of the contract and are mutually applicable to both parties. Provided that the departments which are directly involved with the execution of this agreement are fully aware of the details contained therein, it should not be a problem for the City to stipulate to the recent modifications. Please do not hesitate to contact our office if you have any other questions regarding this matter. SSG/JHG:fc 14:',2005\050164 TAMARAC\MEMO 2006\2006-015 (Interlocal Agreement with Lauderhill).doc RESOLUTION NO.06R-03-282 A RESOLUTION OF THE CITY OF LAUDERHILL APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID ON THE FLORIDA'S TURNPIKE; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA) BE IT RESOLVED BY THE COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA: SECTION 1. The Interlocal Agreement between the City of Lauderhill and the City of Tamarac providing for Cooperative Automatic Fire Rescue Aid on the Florida's Turnpike, the terms and conditions of which are contained therein, a copy of which is attached hereto and incorporated by reference, is hereby approved subject to review and approval by the City Attorney. SECTION 2. The City Manager and all appropriate city officials are authorized to execute the agreements and any other documents required to fulfill the terms of this resolution. SECTION 3. This Resolution shall take effect immediately upon its passage. DATED thls 27th day of March 2006. PASSED AND ADOPTED on first r 27th day of March , 2006. �- PRES G OFFICER MOTION Holness SECOND Bates M. BATES Yes H. BENSON Yes H. BERGER Yes D. HOLNESS Yes R. KAPLAN Yes W. Earl Hall City Attorney Interlocal Agreement Between The City of Tamarac And The City of Lauderhill Providing for Cooperative Automatic Fire Rescue Aid INTERLOCAL AGREEMENT PROVIDING FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID This Agreement is made by and between the City of Tamarac a Florida municipal Corporation ("Tamarac"), and the City of Lauderhill, a municipal corporation ("Lauderhill"). WITNESSETH: ARTICLE I. Background, Purpose, Intent and Definitions 1.1 It is the intent of the parties and the purpose of this Agreement for the cities described above to cooperate and provide for a means by which each city may exercise its powers, privileges, and authority in common and jointly, in order to further common goal, all pursuant to Section 163.01, Florida Statutes. 1.2 The respective governing bodies of each of the cities named herein have found that mutual cooperation in the delivery of fire service can best be accomplished within a cooperative, Interlocal undertaking. 1.3 Both of the cities described above are going to enter into this Agreement to expand on the operational concept of the mutual aid and to extend the same to automatic aid for fire services, whereby each of the cities hereto shall automatically respond to an incident of emergency without the need for a specific request through the controlling dispatch system, (unless the Responding Party is unable to respond, in which case the Responding Party will notify the Receiving Party immediately). IA This Agreement is intended to cover only initial emergency responses within the designated Territory, any long-term responses are to be handled by the respective local jurisdiction's own units. ARTICLE II. DEFINITIONS 2.1 For the purposes of this Agreement, the terms herein after set forth shall be deemed to govern the relationship between the cities names herein. a) Contract Administration means the fire chiefs of the respective cities named herein. b) Receiving party means the city receiving a response from the Responding party of assistance in order to mitigate an incident of emergency. 4 c) Responding Party means the city providing assistance to the Receiving party which has declared and incident of emergency. d) Territory means the following geographic territory(s) described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III. RESPONSE UNITS 3.1 Each of the cities names above shall immediately respond to an incident of emergency in the Territory as if the incident of emergency and the point of response were within the municipal boundaries of the Responding Party, and such response shall occur automatically, without the need for a specific request through the controlling dispatch system. 3.2 The Responding party shall respond with a complement of personnel and equipment as described upon Exhibit "B" attached hereto and made a part hereof. ARTICLE IV. COMMUNICATIONS 4.1 Each city described herein shall maintain common radio communication channels. 4.2 Each city described herein shall utilize a Common Incident Management System. 4.2 Each city described herein shall utilize common radio communication protocols. ARTICLE V. CONTRACT ADMINISTRATOR'S DISCRETION 5.1 In the event of an incident of emergency contemplating a response by a Responding Party, such response shall be made in the professional discretion of the Contract Administration or the Contract Administrator's designee, in rank, and in the event the Responding party shall decline to respond to the incident of emergency, the Responding Party shall use best efforts to notify the Receiving Party of the declination. ARTICLE VI. INDEMNIFICATION 6.1 Each of the cities named in this Agreement shall be individually and separately liable and responsible for the actions of its officers, agents, and employees in the performance of their respective obligations under this Interlocal Agreement. W 6.2 Each of the cities named in this Agreement shall individually defend any action or proceeding brought against their respective agents and pursuant to this Interlocal Agreement and shall be individually responsible for all of their respective costs, attorney 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 , including appellate proceedings. 6.3 Each of the cities named in this Agreement 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 either party pursuant to Interlocal Agreement. 6.4 The Parties shall each individually maintain throughout the term of this Interlocal Agreement any and all applicable insurance coverage required by Florida law for governmental entities. 6.5 Notwithstanding the provisions contained herein, neither party waives their sovereign immunity or any aspect thereof, nor their limitations of liability, nor any right and privileges as provided in Section 768.28, Florida Statutes. ARTICLE VII. NO THIRD PARTY BENEFICIARY STATUS CREATED 7.1 By the execution of this Agreement, the cities named herein do not intend to create a third party beneficiary status in any other person or entity. ARTICLE VIII. CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE 8.1 When the Responding Party shall have reached the Receiving Party's incident or emergency site, the Receiving Party's on site senior officer in command will assume control of the Responding Party's personnel and equipment, and such on -site senior officer shall direct the activities and deploy both personnel equipment in the area of the incident or emergency. 8.2 Notwithstanding 8.1 above, the Responding Party shall command and be in control of it's personnel with regard to the rendition of service, standards of performance, discipline of officers and employees, and such other matters as shall be incidental to the performance of fire fighting and rescue services. Neither the officer otherwise in command of the responding party's personnel or members of the Responding Party's complement shall be obligated to obey any order which is believed by them, or any of them to be in violation of the State of Florida, the laws of the United States of America, or of the Responding Party's city, and shall not be required to obey any order which they , or any of them, believe may unnecessarily result in the likelihood 4 or unreasonable risk of death or bodily injury, or the likelihood or unreasonable risk of death or bodily injury to the agents, officers or employees of the Responding Party's complement or which they believe may unnecessarily result in the likelihood or unreasonable risk of the Responding Party incurring a loss of or damage to the Responding Party's equipment. 8.3 At no time shall the Responding Party be deemed to be an employee of, or an agent of, the Receiving Party. Nor shall the Receiving Party be deemed to be an employee of, or an agent of, the Responding Party. Each party is an independent contractor to the other. ARTICLE IX. PRIORITY .FOR SIMULTANEOUS CALLS 9.1 An incident of emergency in the cities of the Responding Party shall take precedence over the call from the Receiving party. 9.2 In the event there shall occur an incident of emergency in the responding party's city at or during the time that the Responding Party is responding to the Receiving Party or rendering service thereto, the Responding Party shall immediately notify the Receiving Party and the Receiving Party shall, in turn, request additional outside assistance pursuant to the applicable Mutual Aid Agreement. Notwithstanding the lack of Mutual Aid Assistance, the Responding Party shall have the right to immediately quit the effort and remove its equipment and complement personnel. ARTICLE X. TERM OF AGREEMENT 10.1 This Agreement shall be deemed to be evergreen agreement and renew from day to day, unless otherwise terminated.in accordance with the terms hereof. ARTICLE XI. TERMINATION 11.1 Notice of termination shall be addressed to the city intended to receive same pursuant to Section 13.3 hereof. ARTICLE XII. RECORDATION 12.1 A copy of this Agreement shall be recorded with the Clerk of Circuit Court of Broward County, Florida, in accordance with the provisions of Section 163.01 (11), Florida Statutes. 5 ARTICLE XIII. MISCELLANEOUS 13.1 Waiver: No waiver by either city of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by either city of the same, or any other provision or the enforcement thereof. 13.2 Non -Assignability: This Agreement or any portion hereof shall not be assigned or transferred by either party without the written consent of the other party. 13.3 Notice: The delivery of any items and the giving of notice in compliance with the terms of this Agreement shall be accomplished by making same, in writing, and by the delivery thereof to the party intended to receive it as indicated below or by mailing the same to the address of such party, attached hereto and made a part hereof. In the event such notice is made by mail, the same shall be given via U.S. mail, Return Receipt Request and, unless otherwise provided herein, notice or delivery by mail shall be effective when mailed. For Tamarac: Copy to: For Lauderhill: Copy to: City Manager City of Tamarac 7525 N.W. 881h Ave. Tamarac, Fl 33321 (954)724-1230 City Attorney City Of Tamarac 7525 N.W. 88th Ave Tamarac, FL 33321 City Manager City of Lauderhill 2000 City Hall Drive Lauderhill, FL 33313 (954) 730-3000 City Attorney City Of Lauderhill Hall & Rosenberg_P.L. 14 Rose Drive Fort Lauderdale, FL 33316 (954)463-9077 I 13.4 Construction: This Agreement and the terms hereof shall be constructed in accordance with the law of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Broward County, Florida. 13.5 Severability; Should any word, phase or provision hereof be declared illegal or invalid by a court of competent jurisdiction, such declaration of illegality and / or invalidity shall not affect the remainder hereof. 13.6 Entire Agreement; Modification: No Statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 13.7 Captions and paragraph headings: Captions and paragraph headings contained in this Agreement are for convince and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intend of any provisions hereof. 13.8 Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as matter of judicial construction, be construed more severely against one of the parties than the other. It is the parties further intention that this Agreement be construed liberally to achieve its intent. 13.9, Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 13.10 Exhibits are Inclusionary: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated by herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. In Witness Whereof, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. II For Tamarac: ATTEST: CITY CLERK Dates: App ved as to for and legal sufficiency: Y ATTORNEY For Lauderhill: ATTEST: D CLERK Dates: Approved as to for and legal sufficiency: CIT A T EY 7 BY AYOR IT MANAGER BY MAY I� ,14 CITY MANAGER "EXHIBIT A" Geo ra hic Territory Covered bi Automatic Fire Rescue Aid Agreement TAMARAC: Southbound on the Florida's Turnpike, between Commercial Boulevard and Sunrise Boulevard, LAUDERHILL: Northbound on the Florida's Turnpike, between Sunrise Boulevard, and Commercial Boulevard. 9 EXHIBIT B PERSONNEL AND EQUIPMENT TAMARAC: Agrees to send a pumping engine and ALS rescue to all calls in the designated area as written in Exhibit A, with at least three persons on the pumping engine and at least two persons on the ALS rescue LAUDERHILL: Agrees to send a pumping engine and ALS rescue to all calls in the designated as written in Exhibit A, with at least three persons on the pumping engine and at least two persons on the ALS rescue 10