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hereby repealed to the extent of such conflict.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.
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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.
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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
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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.
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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.