HomeMy WebLinkAboutCity of Tamarac Resolution R-95-19611
Temp. Reso. 7147
CITY OF TAMARAC, FL
RESOLUTION NO. R-95 -- /9CP
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
THE "INTERLOCAL AGREEMENT BETWEEN
BROWARD COUNTY AND THE CITY PROVIDING
FOR COOPERATIVE DELIVERY OF EMERGENCY
MEDICAL SERVICES UTILIZING ADVANCED LIFE
SUPPORT FIRST RESPONDER UNITS"; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFEQIIVE_ DATE.
WHEREAS, COUNTY and CITY desire to enter into this Interlocal Agreement in
order to provide for a cooperative delivery of emergency medical services within CITY
and to coordinate emergency services at an emergency scene; and
WHEREAS, COUNTY and CITY have determined that it is mutually beneficial
and in the best interest of the public to enter into this Interlocal Agreement;
WHEREAS, the COUNTY will provide the CITY with all initial nondisposable
equipment necessary to upgrade the CITY'S units to Advanced Life Support status; the
value of which is approximately Twenty one thousand four hundred ($21,400) dollars
per unit,
WHEREAS, the COUNTY shall pay the CITY Three Thousand ($3,000) dollars
per month per Advanced Life Support first responder unit for two such units for a total
of Thirty six thousand ($36,000) dollars per year per unit;
WHEREAS, the CITY'S Medical Director has reviewed the Medical Protocols
Temp. Reso. 7147
and has found them to be appropriate for use by Tamarac Fire Department paramedics;
WHEREAS, the term of this agreement shall be October 1, 1995 through
September 30, 1996 unless otherwise modified by City Commission action;
WHEREAS, nothing contained within this agreement shall impair or restrict the
CITY'S right to have its Class 8 License converted to a Class 1 Certificate of
Convenience upon proper notification to the COUNTY prior to September 30, 1995;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
resolution.
5&ction 2: The appropriate city officials be authorized to enter into the
Interlocal Agreement between Broward County and the City of Tamarac providing for
Cooperative Delivery of Emergency Medical Services Utilizing Advanced Life Support
First Responder Units (attached hereto as Exhibit 1).
e tion 3: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section • 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.
2
Temp. Reso. 7147
Section
� This Resolution shall become effective immediately upon its
passage and adoption.
PASSED; ADOPTED AND APPROVED this / day of �c, 1995.
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A. EVANSJ
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
RECORD OF COMA
MAYOR ABRAMOWITZ
DIST. 1: V / M KATZ
MITCHELLA. KRAFT GIST_ 2: COMM. MISHKIN
CITY ATTORNEY DIST. 3: COMM. SCHREIBER
DIST. 4: COMM. MACHEK
INTERLOCAL AGREEMENT FOR EMS
FIRE/DEE
1
VOTE
14D
CJ
11
Interlocal Agreement
Between
BROWARD COUNTY
and
THE CITY OF TAMARAC
Providing for
Cooperative Delivery of Emergency Medical Services
Utilizing ALS First Responder Units
P- �5- / �6
Interlocal Agreement
Between .
BROWARD COUNTY
and
THE CITY OF TAMARAC
Providing for
Cooperative Delivery of Emergency Medical Services
Utilizing ALS First Responder Units
This is an Interlocal Agreement made by and between: BROWARD
COUNTY, a political subdivision of the State of Florida
(hereinafter called the "COUNTY"),, and the CITY OF TAMARAC, a
municipal corporation of the State of Florida (hereinafter called
the "CITY").
WHEREAS, COUNTY and CITY desire to enter into this Interlocal
Agreement in order to provide for a cooperative delivery of
emergency medical services within CITY and to coordinate emergency
services at an emergency scene; and
WHEREAS, COUNTY and CITY have determined that it is mutually
beneficial and in the best interest of the public to enter into •
this Interlocal Agreement; NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants, promises, terms and
conditions set forth herein, COUNTY and CITY do hereby agree as
follows:
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT AND DEFINITIONS
1.1 It is the purpose and intent of this Interlocal Agreement for
COUNTY and CITY to provide for a means by which each
governmental entity may exercise cooperatively its respective
powers and privileges in order to further a common goal.
1.2 The respective elected bodies of CITY and COUNTY find that
mutual cooperation in the delivery of emergency medical
services is in the best interest of the public and can best be
accomplished through coordination of the provision of
emergency medical services (EMS) as set forth herein.
1.3 CITY's ALS first responder units and personnel shall be
utilized in conjunction with COUNTY's ALS rescue units and
personnel to provide comprehensive emergency medical services
to residents and visitors of CITY.
�'- 9P 19.6
.
ARTICLE 2
DELIVERY OF EMERGENCY MEDICAL SERVICES
2.1
COUNTY and CITY acknowledge the existence of an ordinance
Certificates of Public
relating to EMS and the issuance of
and Necessity (CON's) provides, among other
Convenience
things, that a CITY shall receive a CON for a Class 8 - ALS
Interlocal
First Responder contingent upon the execution of an
This Interlocal Agreement is intended
Agreement with COUNTY.
to satisfy this requirement of the ordinance.
2.2
CITY, upon obtaining a Class 8 - ALS First Responder CON from
Florida license, shall
COUNTY and an appropriate State of
advanced life support services, as well as basic life
provide
support services, to patients upon arrival at emergency scenes
requiring immediate emergency medical care.
2.3
CITY and COUNTY shall utilize the dispatch response protocols
hereto and made a
for emergency medical incidents attached
Exhibit "A". Any proposed changes to be made
part hereoispfatch response protocols shall be agrees d to by CITY
and COUNTY.
2.4
COUNTY and CITY agree that, as applicable, if, entering into
unusual
this Interlocal Agreement creates enclaves or other
COUNTY which are
•
boundaries to the service area of
impracticable or difficult for COUNTY to serve, the parties
to
shall mutually agree upon a procedure for CITY provide
that is most efficient and
service to these areas in a manner
that it shall fully compensate CITY
economical. COUNTY agrees
this additional area.
for its costs to service
2.5
S First Responder to CITY,
Upon issua ce of LN
allof their
ashalls
bide
COUNTY and CITY and perform
CITY
respective obligations set forth herein.
2.6
The following conditions precedent shall be fully satisfied
prior to this Interlocal Agreement becoming effective:
2.6.1 CITY shall obtain a Class 8 - ALS First Responder
CON from COUNTY.
2.6.2 CITY shall obtain all licenses and permits required
to Chapter 401,
by the State of Florida pursuant
to provide the services
Florida Statutes,
herein. In the event that it is legally
referenced
required to do so, COUNTY agrees to assist or
in licenses
otherwise cooperate with CITY obtaining
required by this section.
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2.6.3 CITY shall designate a Medical Director as required
by Chapter 401, Florida Statutes.
2,7
If any of the following cities (Cooper City, Coral Springs,
Pembroke Park,
Fort Lauderdale, Lauderhill, North Lauderdale,
Tamarac) obtains a Class 8 - ALS First
Plantation, or
Responder CON prior to June 13, 1995, then nothing contained
to a
herein shall impair or restrict CITY's right provide
the County Administrator to have its Class
written request to lass
8 - ALS First Responder CON automatically converted to
for
1 - ALS Rescue CON effective October 1, 1996, the
remainder of the CON's three (3) year term.
ARTICLE 3
TERM OF AGREEMENT
3.1
This Interlocal Agreement shall commence on a date mutually
Chief for CITY and Director
agreed upon in writing by the .Fire
Fire Rescue Division for COUNTY, which notice
of COUNTY's
shall be furnished to each other pursuant to Section 11.7
herein, and shall expire on September 30, 1996, unless sooner
as may
terminated as provided for herein or otherwise extended
be agreed upon in writing by the parties.
3.2
CITY and COUNTY acknowledge the creation by COUNTY of a
of
municipal service benefit unit (MSBU) for the provision
date of
emergency medical services with an effective
The parties further acknowledge and agree
•
October 1, 1996.
that effective October 1, 1996, a new Interlocal Agreement
U created
will beYexecuted
proved 8 - ALS FiBrstResponder
T c ntinue ng Class
by COUNTY
services.
ARTICLE 4
TERMINATION AND CESSATION
4.1
A tomatic Termination. This Interlocal Agreement shall be
further force and
deemed automatically terminated and of no
the following:
effect upon the occurrence of any of
4.1.1 If CITY has abandoned providing the services
Agreement evidenced by
required by this Interlocal
cessation of its material obligations required
a
herein or has filed or consented to the filing of a
is
petition for reorganization or bankruptcy or
otherwise adjudicated insolvent.
4.1.2 CITY elects to surrender its Class 8 - ALS First
and COUNTY with
Responder CON to COUNTY provides
hundred eighty (180) days written notice, in
one
advance, of its intent to surrender its CON and no
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1,5&,/7�0
longer provide ALS First Responder services
pursuant to this Interlocal Agreement.
4.2 Cessation. If CITY or COUNTY fail to perform or observe any
of the material terms and conditions of this Interlocal
Agreement, other than those specified in 4.1 above, for a
period of ten (10) days after receipt of written notice of
such default from the other party, the party giving notice of
default may be entitled, but is not required, to seek specific
performance of this Interlocal Agreement on an expedited
basis, as the performance of the material terms and conditions
contained herein relate to the health, safety, and welfare of
the residents subject to this Interlocal Agreement. The
parties acknowledge that money damages or other legally
available remedies may be inadequate for the failure to
perform, and that the party giving notice is entitled to
obtain an order requiring specific performance by the other
party. Failure of any party to exercise its rights in the
event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have
waived any failure to perform by the other party unless such
waiver is in writing and signed by the waiving party. Such
waiver shall be limited to the terms specifically contained
therein. This paragraph shall be without prejudice to the
rights of any party to seek a legal remedy for any breach of
the other party as may be available to it in law or equity.
• ARTICLE 5
COMMUNICATIONS
5.1 CITY agrees that it shall be required to utilize COUNTY's
communications system for dispatch to all emergency medical
incidents.
5.2 CITY agrees to have available and maintain all necessary
radios and other equipment needed to access COUNTY's
communications system.
5.3 COUNTY agrees to provide CITY with full dispatching services
via its communications center in the same manner said services
are provided to COUNTY and other cities.
5.4 COUNTY agrees to provide CITY with one (1) personal computer
appropriately configured to access COUNTY's system.
Maintenance and replacement of the computer shall be the
responsibility of CITY. COUNTY agrees to provide to CITY at
COUNTY's expense, any and all upgrades or additions to the
software programs which may be utilized pursuant to this
Interlocal Agreement. Upon the expiration or termination of
this Interlocal Agreement, CITY and COUNTY shall, at CITY's
request, agree to a mutually satisfactory method for CITY to
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receive additional upgrades or additions to software programs
utilized as a result of this Interlocal Agreement.
5.5 COUNTY agrees to provide CITY with one (1) 80o MHz portable
radio as an additional access to COUNTY's communications
system. Maintenance and replacement of the portable radio
shall be the responsibility of CITY.
ARTICLE 6
MEDICAL DIRECTION
6.1 CITY shall, prior to the effective date of this Interlocal
Agreement, designate a Medical Director as required by Chapter
401, Florida Statutes.
6.2 CITY and COUNTY agree to utilize medical treatment protocols
attached hereto and made a part hereof as Exhibit "B".
Development or modification- of any additional treatment
protocols will be mutually agreed upon by COUNTY's Medical
Director and a majority of all Class 8 -ALS First Responder
Medical Directors.
6.3 CITY and COUNTY will jointly develop and participate in
quality assurance/quality improvement programs.
6.4 CITY and COUNTY agree that the first arriving ALS paramedic
unit on the scene of an emergency medical incident shall have
primary responsibility for medical treatment of patient(s).
Medical control/responsibility for patient care will be
transferred by the first arriving ALS paramedic unit to
transporting personnel upon mutual agreement and at the
earliest opportunity after arrival of the transport unit. In
the event that the transfer of medical control/responsibility
can not be agreed upon by the parties, the first arriving
paramedic shall accompany the patient(s) to the appropriate
medical facility and both parties shall be required to refer
the established quality
the incident for review to
assurance/quality improvement program.
6.5 In the event that a first arriving ALS paramedic unit has
assumed medical control/responsibility for medical treatment
of a patient(s) with a critical life -threatening condition,
has completed all required medical treatment protocols, has -a
transport capable unit as defined in Rule 1OD-66, Florida
Administrative Code, and has determined that the estimated
time of arrival of the transport provider is such that the
arrival time will jeopardize the medical condition of a
patient(s), the first arriving ALS paramedic unit may
transport the patient(s) to the hospital.
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ARTICLE 7
10
EQUIPMENT
7.1 COUNTY shall provide to CITY all initial non -disposable
equipment (i.e., Lifepak, medication box, and airway
equipment) necessary and required by Chapter 401, Florida
Statutes, for CITY's unit to be upgraded to ALS status.
7.2 COUNTY shall provide CITY, as in -kind assistance, all
disposable medical supplies in reasonable quantities as may be
required by Chapter 401, Florida Statutes, for CITY's ALS
first responder operation.
7.3 After the initial provision of non -disposable equipment as
outlined above, at CITY's discretion and request, COUNTY will
procure any reasonably requested replacement or additional
non -disposable equipment for CITY at COUNTY costs. Payment
for such replacement non -disposable equipment shall be paid by
CITY from funds paid to CITY pursuant to Section 9.2 herein.
7.4 COUNTY shall endeavor to provide CITY with emergency
replacement equipment in reasonable quantities when requested
by CITY and within the reasonable ability of COUNTY to provide
such equipment. This equipment includes, but is not limited
to, Lifepak and other damaged equipment awaiting replacement.
7.5 CITY and COUNTY agree that title to any and all equipment
purchased by COUNTY for CITY pursuant to this Interlocal
Agreement shall be transferred and passed to CITY by COUNTY at
the time of delivery to CITY. CITY agrees that all equipment
delivered pursuant to this section shall be utilized only by
CITY.
ARTICLE 8
8.1 Training of CITY's paramedics to provide ALS first responder
services pursuant to this Interlocal Agreement shall be the
responsibility of CITY. However, COUNTY shall afford CITY's-
.
aramedics an opportunity to attend COUNTY sponsored or
delivered training under the same circumstances as COUNTY's
personnel.
8.2 CITY and COUNTY agree to coordinate training courses and
educational outlines in order to ensure common treatment of
patients at emergency medical scenes.
is -6-
e- 9i -/9�
ARTICLE 9
SERVICES PROVIDED AND FUNDING
9.1 CITY shall provide one (1) or more ALS first responder unit(s)
staffed twenty-four (24) hours per day.
9.2 COUNTY shall pay CITY a monthly amount of Three Thousand
Dollars ($3,000.00) per ALS first responder unit for a total
of Thirty-six Thousand Dollars ($36,000.00) per year per unit
for two (2) units. Such payment is intended to cover the
incremental personnel costs, costs for replacement non -
disposable equipment and increased liability costs incurred by
CITY as a result of CITY's services to be performed pursuant
to this Interlocal Agreement. This is in addition to the
provision of initial equipment valued at approximately Twenty-
one Thousand Four Hundred Dollars ($21,400.00) per unit and
all disposable medical supplies provided by COUNTY as
described in sections 7.1 and 7.2 above.
9.3 CITY shall provide ALS and BLS first responder services as
outlined in this Interlocal Agreement in accordance with the
dispatch protocols set forth in Exhibit "A". In the future
event COUNTY becomes the ALS transport provider during the
term of this Interlocal Agreement, CITY agrees that, upon
request of COUNTY's paramedics, CITY shall designate one (1)
additional paramedic or EMT to accompany COUNTY's ALS
transport unit to the hospital for critical life -threatening
cases. Upon the conclusion of the medical incident, COUNTY,
upon request, will arrange to have CITY paramedic returned to
the paramedic's place of employment.
9.4 Except as otherwise provided for herein, COUNTY shall provide,
either directly or through agreement with a third party,
transportation services required pursuant to this Interlocal
Agreement for emergency medical incidents.
ARTICLE 10
LIABILITY AND INSURANCE
10.1 CITY and COUNTY shall each be individually and separately
liable and responsible for the actions of its officers, agents
and employees in the performance of Agreementtheir respective
obligations under this Interlocal
10.2 CITY and COUNTY shall each 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, attorneys fees,
expenses and liabilities incurred as a result of any such
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e,_ ��'/ � 6
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.
10.3 CITY and COUNTY shall each individually bear responsibility
for its actions and be liable for any claims, demands, suits,
actions, damages and causes of actions arising out of or
occurring during travel to or from the emergency site.
10.4 CITY and COUNTY 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.
10.5 The parties shall each individually maintain throughout the
term of this Interlocal Agreement any and all insurance
coverage required by Florida law for governmental entities.
ARTICLE 11
MISCELLANEOUS
11.1 Joint Preparation: The preparation of this Interlocal
Agreement has been a joint effort of the parties hereto 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.
11.2 Entire Aareement and Modification: This Interlocal Agreement
incorporates, supersedes and includes all prior negotiations,
correspondence, conversations, agreements or understandings
applicable to the matter contained herein. It is further
agreed that no change, amendment, alteration or modification
in the terms and conditions contained herein shall be
effective unless contained in a written document executed with
the same formality and of equal dignity herewith by all
parties to this Interlocal Agreement.
11.3 Assignment: The respective obligations of the parties set -
forth in this Interlocal Agreement shall not be assigned, in
whole or in part, without the written consent of the other
party.
11.4 Records: CITY and COUNTY shall each maintain their own
respective records and documents associated with this
Interlocal Agreement in accordance with the requirements for
records retention set forth in Chapter 119, Florida Statutes.
11.5 Contract Administrator: The Contract Administrators for this
Interlocal Agreement are the Fire Rescue Division Director or
0 -8-
designee for COUNTY, and Fire Chief or designee for CITY. In
the implementation of the terms and conditions of this
Interlocal Agreement, as contrasted with matters of policy,
all parties may rely upon instructions or determinations made
by the respective Contract Administrators.
11.6 Recordation/Filing: The County Administrator and Ex-Officio
Clerk of the Broward County Board of County Commissioners is
hereby authorized and directed after approval of this
Interlocal Agreement by the governing body of CITY and COUNTY
and the execution thereof by the duly qualified and authorized
officers of each of the parties hereto, to file this
Interlocal Agreement with the Clerk of Broward County,
Florida, as required by Section 163.01(11), Florida Statutes.
11.7 Notices: Whenever either party desires to give notice to the
other, such notice must be ip writing and sent by courier,
evidenced by a delivery receipt or by an overnight express
delivery service addressed to the party for whom it is
intended at the place last specified; and the place for giving
of notice shall remain such until it shall have been changed
by written notice in compliance with the provisions of, this
paragraph. For the present, the parties designate the
following as the respective places for giving of notice.
Notice shall be effective upon delivery.
FOR BROWARD COUNTY: 0
Director
Broward County Fire Rescue Division
2601 West Broward Boulevard
Fort Lauderdale, Florida 33311
FOR CITY OF TAMARAC•
Mayor Norman Abramowitz
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
IN WITNESS WHEREOF, the parties have made and executed this
Agreement on the respective dates under each signature: BROWARD
COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and
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through its Chair or vice Chair, authorized to execute same by
Board action on the day of ,
19 , and the CITY OF TAMARAC, signing by and through its
Mayor, duly authorized to execute same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of
the Board of County
Commissioners of Broward day of
County, Florida
L�
0 -10-
Chair
. 19
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
PATRICE M. EICHEN
Assistant County Attorney
INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC PROVIDING FOR COOPERATIVE DELIVERY OF EMERGENCY MEDICAL
SERVICES UTILIZING ALS FIRST RESPONDER UNITS
WITNESSES:
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ATTEST:
C k0�, A,'EVAA -S C lit Clerk
(�
(CORPORATE SEAL)
PME:vjg
TAMARAC.A01
07/14/95
#95-69.01
CITY
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CITY OF TAMARAC
By,L A
ayor-Co missioner
xra,eMR)j � a __plow I Tz-
day of ' 42
berf 19gs
City Manager
day of 19
APPR:O'nD AS TO FORM:
v City Att ey
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