HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-030Temp. Reso. #10028
Revision 2
February 5, 2003
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 30
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
TAMARAC AND THE CITY OF NORTH LAUDERDALE,
ALLOWING 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 service are
provided by Tamarac and North Lauderdale; and
WHEREAS, in Resolution No. R-2000-174, Tamarac entered into an
automatic aid agreement with North Lauderdale and Broward County in 2000;
FTak
WHEREAS, due to changes in service area Broward County is unable to
continue to provide automatic aid to Tamarac and North Lauderdale; and
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Temp. Reso. #10028
Revision 2
February 5, 2003
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WHEREAS, by mutual agreement the existing agreement in automatic aid
between Tamarac, Broward County and North Lauderdale will be terminated on
March 1, 2003; and
WHEREAS, operational coordination of certain fire protection and
emergency medical services will provide improved protection within each service
area; and
WHEREAS, Tamarac and North Lauderdale desire to continue the
mutually beneficial automatic aid program; 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
enter into an interlocal agreement with North Lauderdale providing for
cooperative emergency medical and fire protection services through automatic
17151
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 appropriate City Officials are hereby authorized to
execute the Interlocal Agreement Providing for Cooperative Automatic Fire
Temp. Reso. #10028
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Rescue Aid between Tamarac and North Lauderdale (attached hereto as
Attachment "A"),
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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 12th day of February, 2003.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as t6 form.
ITCHELL S.
CITY ATTO
OE SCHREIBER, MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: V/M. PORTNER
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOI
DIST 4: COMM. ROBERTS
Temp. Reso. #10028
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RESOLUTION NO. 03-02-4495
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
NORTH LAUDERDALE, FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE ATTACHED INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF NORTH
LAUDERDALE, FLORIDA AND THE CITY OF TAMARAC, FLORIDA
TO PROVIDE FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1: That the City Commission does hereby authorize and direct the City
Manager to enter in the attached Interlocal Agreement by and between the City of
North Lauderdale and the City of Tamarac to provide for Cooperative Automatic Fire
Rescue Aid.
Section 2: That this Resolution shall take effect immediately upon adoption.
PASSED and ADOPTED by the City Commission of the City of North Lauderdale,
Florida, this I 1 t" 4ay of February, 2003.
CITY ATTORNEY SAMUEL S. GOREN
C�RYOR JACK BRADY
r
ATTEST: '�'
VICE MA OR GARY FRANKEL
CITY CLERK . MILLI DYEIV
INTERLOCAL AGREEMENT
BETWEEN
The City of
Tamarac
AND
The City of
North Lauderdale
PROVIDING FOR
COOPERATIVE AUTOMATIC
FIRE RESCUE AID
1 /03
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 North Lauderdale, a municipal corporation ("North
Lauderdale"),
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 a 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 services 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 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.
ARTICLE II.
DEFINITIONS
2.1 For the purposes of this Agreement, the terms hereinafter set forth shall be deemed to
govern the relationship between the cities names herein.
(a) Contract Administrator 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.
(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 upon Exhibit A
attached hereto and made a part hereof.
ARTICLE III.
3.1 Each of the cities named 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.
4.3 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 Administrator 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 such 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.
6.2 Each of the cities named in this Agreement shall individually defend any action or
proceeding brought against their respective agency 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 this Interlocal
Agreement.
6A 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 any rights 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 and 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 its
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 laws 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 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.
ARTICLE IX.
PRIORITY FOR SIMULTANEOUS CALLS
9.1 An incident of emergency in the city 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
services 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 an 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
111 A copy of this Agreement shall be recorded with the Clerk of the Circuit Court of Broward
County, Florida, in accordance with the provisions of Section 163.01(11), Florida Statutes.
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 Requested and, unless
otherwise provided herein, notice or delivery by mail shall be effective when mailed.
Far Tmmnrnr-
Copy to:
For North Lauderdale:
City Manager
City of Tamarac
7525 NW 88 Ave.
Tamarac, FL 33321
(954) 724-1230
City Attorney
City of Tamarac
7525 NW 88 Ave.
Tamarac, FL 33321
City Manager
City of North Lauderdale
701 SW 71 Ave.
North Lauderdale, FL 33068
(954) 724-7040
Copy to:
Samuel S. Goren, City Attorney
3099 East Commercial Blvd.
Suite 200
Fort Lauderdale, FL 33308
(954) 771-4500
13.4 CONSTRUCTION: This Agreement and the terms hereof shall be construed in
accordance with the laws 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, phrase 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 convenience and reference only and in no way define,
describe, extend or limit the scope and intent of this Agreement, nor the intent 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 a 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 herein by reference.
1"ypewritten 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.
,410 X.-ti
For mac:
ATTEST:
5,0:7,
CITY CLERK
Approved as &tand legal
sufficiencyC Y A"C
For
ATTEST: ,
CITY CLERK
Approved as to fo and legal
CITY
z
CITY MANAGER
Date:_ _y/a
By
AYOR
IT MANAGER ^
Date:
�Ii3I03
"Exhibit A"
Geographic Territory
North Lauderdale
The geographic area within the incorporated boundaries of the City of North
Lauderdale and any additional areas to which North Lauderdale provides
fire rescue services by contract, agreement or other formal arrangement.
Tamarac
The geographic area within the incorporated boundaries of the City of
Tamarac and any additional areas to which Tamarac provides fire rescue
services by contract, agreement or other formal arrangement.
Attached map is included as part of Exhibit A and reflects territory as
described above as of January 2003.
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"Exhibit B"
Personnel and Eauinment Available for Automatic Aid
Note: Minimum numbers of units and personnel indicated. Assignments will be
per Run Cards provided to Broward Country Dispatch.
North Lauderdale
Station 44 (7700 Hampton Blvd.)
Squirt 44 (3 personnel)
Rescue 44 (2 personnel)
Division Chief 44
Station 34 (2100 South State Road 7)
Engine 34 (3 personnel)
Rescue 34 (2 personnel)
Division Chief 34
Tamarac
Station 41 (7501 NW 88 Ave.)
Engine 41 (3 personnel)
Rescue 41 (2 personnel)
Rescue 241 (2 personnel)
Rescue 341 (2 personnel)
Platform 41 (2 personnel)
Battalion Chief 41
Division Chief (EMS) 41
Assistant Chief (Operations) 41
Assistant Chief (Administration) 78
Chief 41
Station 78 (4801 West Commercial Blvd.)
Engine 78 (3 personnel)
Rescue 78 (2 personnel)
Note: Station 15 scheduled to open December 2003. Existing units at Station 41
will be redistributed and use Station 1.5 designations.