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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-030Temp. Reso. #10028 Revision 2 February 5, 2003 Page 1 of 3 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 1 Temp. Reso. #10028 Revision 2 February 5, 2003 Page 2 of 3 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 1 L Revision 2 February 5, 2003 Page 3 of 3 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 Revision 2 February 5, 2003 Page 4 of 3 1 1 M 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. r x M , fir- 4� - ► - ��Iwora I y 1 t r { J :p q 1 ze- AL� - f t. 1 A. . x , y'r Al ' - - �i � ITT .. co , rx' ....,.... . - , C_LJ � P ry rML !Cam e A, ...^ .......... .,,fV `y" '•i-...,. ,.y �....: I 1.,.,.,�.f tin:± 14.pp,... .'., •1 ry>.°�, , ;,. x. 1 F _ {Lt �co -777 LL -.:t F j PA f qvV'w_ � 4 ;' is w.1�T �, r ,' ._,...m I� 1 �, -^" r � R y;✓ p X r • LL -v �•�n cu rr I `go- � ,.. • , �'" �,+• ��.. �� � "' , . ; •I � � f ��' � � � •}� - � "�' j, � 1 _ ) r"h x"1 II " ij �` � ,• �-C � w r .� `_ , �...:', q i -� _ .. _,; _ � � .+ . 1 � j i ra 07 lrJ ++ CD r•4 ro CD f LLJ W 00 wiz ate ' "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.