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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-076Temp. Reso. #10056 March 19, 2003 Page 1 of 1 Revision #2 April 1, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- ?% 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 LAUDERDALE LAKES; ALLOWING FOR THE PROVISION OF COOPERATIVE AUTOMATIC FIRE 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 services to our community; and WHEREAS, a cooperative agreement with adjacent communities would improve fire services to each community; and WHEREAS, similar levels of fire service are provided by Tamarac and Lauderdale Lakes; and WHEREAS, operational coordination of certain fire protection services would provide improved protection within each service area; 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 Automatic Fire Protection Services through automatic aid. Temp. Reso. #10056 March 19, 2003 Page 2 of 2 Revision #2 April 1, 2003 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 between the City of Tamarac and the City of Lauderdale Lakes Providing for Cooperative Automatic Fire Protection Services (attached hereto as Attachment "A") SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 r, J 1 Temp. Reso. #10056 March 19, 2003 Page 3 of 3 Revision #2 April 1, 2003 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 9th day of April, 2003. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-T ABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS INTERLOCAL AGREEMENT BETWEEN CITY OF TAMARAC AND CITY OF LAUDERDALE LAKES PROVIDING FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID INTERLOCAL AGREEMENT PROVIDING FOR COOPERATIVE AUTOMATIC FIRE RESCUE AID THIS AGREEMENT is made by and between City of Lauderdale Lakes a Florida municipal corporation ("Lauderdale Lakes"), and City of Tamarac a municipal corporation ("Tamarac"), WITNESSETH: 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. DEFINITIONS 2.1 For the purposes of this Agreement, the terms hereinafter set forth shall be deemed to govern the relationship between the cities named 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 that 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. RESPONSE UNITS 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 in Exhibit B attached hereto and made a part hereof. COMMUNICATIONS 4.1 Each city described herein shall maintain common radio communication channels. 4.2 Each city described herein shall utilize common radio communication protocols. 4.3 Each city described herein shall utilize a Common Incident Management System. 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. INDEMNIFICATION 6.1 Except as otherwise specifically provided herein or as prohibited by law, the Receiving Party shall indemnify the Responding Party for all damages and claims and the Receiving Party shall hold the Responding Party harmless from any and all demands, claims, causes of action, suits, actions, damages, costs, expenses (including reasonable attorney's fees), relating to or arising out of the or in any way connected with the provision for fire fighting or rescue services to an incident of emergency rendered or performed pursuant to this Agreement by the Responding Party, except to the extent that such demands, claims, suits, actions and damages shall have been the proximate result of an intentional tort, or when the same has risen as an approximately result of the gross negligence of the Responding Party. 6.2 Notwithstanding the provisions of Section 6.1 hereof, each of the cities named herein shall bear its own responsibility and be liable for any and all demands, claims, suits, actions, damages, costs and expenses, arising out of or occurring during the responding city's travel to or travel from an incident of emergency within such responding city's boundaries or in connection with traveling to or traveling from an incident of emergency within the jurisdiction of the Receiving Party. It is .the intent of the cities named herein that the responsibility for negligence shall not fall to the Receiving Party unless and until there the Responding Party shall have reached the point of the incident of emergency and the supervision of the Responding Party's personnel and equipment shall have been conferred upon the Receiving Party pursuant to Article IX hereof. Each of the cities named herein reserves the right to provide for its individual defense to any action or proceeding brought against it for damages or otherwise arising out of or in connection with the services to be rendered pursuant to the terms of this Agreement, and each city shall be responsible for and pay all of its own costs, attorney's fees and expenses in connection with such defense, without the right of reimbursement or indemnification from the other, notwithstanding the provisions of Section 6.1 hereof. 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. NO WAIVER OF SOVEREIGN IMMUNITY 8.1 The cities named herein do not intend to waive sovereign immunity or any aspect thereof. CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE 9.1 When the Responding Party shall have reached the Receiving Party's incident of 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 of emergency. 9.2 Notwithstanding 9.1 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. PRIORITY FOR SIMULTANEOUS CALLS 10.1 An incident of emergency in the city of the Responding Party shall take precedence over the call from the Receiving Party. 10.2 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. TERM OF AGREEMENT 11.1 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. TERMINATION 12.1 This Agreement may be terminated upon sixty (60) days written notice given by either city. 12.2 Notice of termination shall be addressed to the contract administrator intended to receive same pursuant to Section 14.4 hereof. RECORDATION 13.1 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. I\TiI-Y4i914rI1104101i01 14.1 ATTORNEY'S FEES: Should any dispute arise hereunder, the prevailing party shall be entitled to recover against the non -prevailing party all costs, expenses and attorney's fees incurred by the prevailing party in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. 14.2 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. 14.3 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. 14.4 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 or by mailing the same to the address of such party on Exhibit A, 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. 14.5 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. 14.6 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. 14.7 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 5 modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 14.8 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. 14.9 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. 14.10 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. 14.11 EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated 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. By: Q)6�e z OR ATTEST: Date: ��� 03 CITY CLERK 4uAv d as to f and legal J6 ``�ep1�n r r hrrrr cOuwTr%,, rs r r r 4CIUMERDALE '•. LAKES , • 'k RNEY Date: 9 -/ % - 33 fMENIff013R-043M(41911PA a0a1; LAUDERDALE LAKES: Within City Limits of Lauderdale Lakes, North of Oakland Park Blvd. existing at the time of this Agreement. TAMARAC: Within City Limits of Tamarac, East of Rock Island Road, and stopping at N. W. 311 Avenue, existing at the time of this Agreement. W411jr700P1.111:1WA.1143 TAMARAC: II. NOTICE TO BE GIVEN TO: City Manager City of Lauderdale Lakes 4300 NW 36 St. Lauderdale Lakes, FL 33319 (954) 535-2740 City Attorney City of Lauderdale Lakes 4300 NW 36 St. Lauderdale Lakes, FL 33319 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 PERSONNEL AND EQUIPMENT LAUDERDALE LAKES: agrees to send its aerial device or pumping engine to all confirmed Structure Fires, with at least three (3) persons. TAMARAC: agrees to send its pumping engine to all confirmed Structure Fires, with at least three (3) persons.