HomeMy WebLinkAboutCity of Tamarac Resolution R-92-127Temp. Reso. # 6333
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- W
A RESOLUTION OF THE CITY OF TAMARAC,
FLORIDA, AUTHORIZING THE CITY MANAGER,
ON BEHALF OF THE CITY, TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT FOR MUTUAL
EMERGENCY AID BY AND BETWEEN THE CITY OF
TA1ARAC AND BROWARD COUNTY; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the City Manager of the City of Tamarac
is authorized, on behalf of the City of Tamarac, to execute
and otherwise enter into that certain Interlocal Agreement
for Mutual Emergency Aid by and between the City and Broward
County, attached hereto and incorporated herein by reference.
SECTION 2: That the City Manager of the City of Tamarac
is hereby authorized to do all things necessary and expedient
in order to effectuate the execution of this agreement
described in Section 1 above, and to carry out the aims of
this Resolution and the said agreement.
SECTION 3: This Resolution shall become effective
immediately upon its passage.
PASSED, ADOPTED AND APPROVED this /,phday of 1992.
ATTEST:
CARD A. EVANS
CITY CLERK
I HEREBY CERTIFY tha have
ap ved this RE SO ION as
tqr f a m.. _
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RECORD OF COUNCIL VOTE
MAYOR -9P.�.�El
DISTRICT 1 : .„/hA KIT?
DISTRICT 3:. _C/I'yt„SsrF-t QQE—R,
DISTRICT 4: C/M ABRAMOWITZ
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INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
PROVIDING FOR
THE FURNISHING OF
MUTUAL EMERGENCY AID
THIS IS AN INTERLOCAL AGREEMENT prepared consistent
with Section 252.40, Florida Statutes, As amended, providing for
the furnishing -of reciprocal emergency aid in case of emergencies
too extensive to be dealt with unassisted to a portion of Broward
County,"Florida, between: BROWARD COUNTY, a political subdivi-
ion of the state of Florida, its successors and assigns, herein-
fter referred to as the "COUNTY," by and through its Board of
County Commissioners,
And
TNIARAC a municipal
corporation organized and existing under the laws of the State of
Florida, its successors and assigns, hereinafter referred to as
the "CITY."
WHEREAS, it is the design, purpose and intention of the
parties hereto to permit said parties, -individually And collec-
tively, to make the most efficient use of their respective
powers, resources and capabilities by cooperating in regard to
emergency management functions and, on a basis of mutual advan-
tage.'to provide services and facilities in a manner that will
accord beswt with the geographic, economic, demographic and other
factors influencing their respective needs and the development of
their respective and joint communities; and
WHEREAS, at times of emergency or disaster, one or the
other of the partiies hereto may have, emergency or disaster re-
lated demands made upon it equipment or personnel, greater than
the capacity of the equipment or personnel available within its
own Political subdivision; and
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WHEREAS, during those emergency or disaster events
which cause demands greater than the capacity of the equipment or
personnel resources available to either party, tageous to the distressed or extended party it would be advan-
to
it the equipmenhave available to
t or personnel, of the other party for backup pur-
poses, direct active emergency or disaster aid and assistance;
and
WHEREAS, the parties hereto acknowledge that said emer-
gency or, disaster events or both, occur without prior warning,
with, a set pattern or frequency, and without regard to life, limb
or property: and
WHEREAS, the parties hereto further recognize that
there is a great mutual advantage in providing
disaster emergency for mutual aid for mutual backuprand for
cooperative use of resources available as between the affected
parties, in order that lives and property be spared: and
WHEREAS, said mutual aid, backup and cooperative use
of resources benefits all directly or indirectly concerned.
NOW, THEREFORE, in consideration of the mutual terms
and conditions, promises, covenants and a
ymen
forth, COUNTY and CITY hereby agree as fol ows¢s hereinafter set
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Interlocal Agreement and the
various Covenants, conditions, terms and provisions which fol-
lows, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the
parties.
1.1 COUNTY ADMINISTRATOR
~County Administrator" means the individual appointed by the Board of County who has been
Commissioners to this post.
The County Administrator is the administrative head of all
departments and divisions of Count Ex-officio Clerk of. the Board of CountyeCommissioners.the
1 •'� EMERGENCY
"Emergency" means any occurrence, or threat of
accidental, natural or caused b whether
result in substantial injury Y man, which results or may
substantial damage to, or loss rof$lifeoor properta. or
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1.3 EMERGENCY MANAGEMENT
"Emergency management" means the carrying out of, all ,
emergency responsibilities and functions, to prevent, miti-
gate or repair injury and damage resulting from the occur-
rence of imminent threat of widespread or severe damage
resulting from emergencies.
1.4 EMERGENCY MANAGEMENT AGENCY
"Emergency Management Agency" means an organization created
in accordance with provisions of Chapter 252.31 - 252.60,
Florida Statutes, as amended, to discharge the emergency
management responsibilities of a political subdivision.
1.5. MUTUAL AID EMERGENCY FORCE (M.A.E.F.) PLAN
"Mutual Aid Emergency Force (M.A.E.F.
an
Agreement between the Broward Sheriff-sPlanOfficeeans and Broward
County municipal police departments for the mutual exchange
..of law enforcement personnel and equipment between said
municipalities, and the County, in the event of riot, civil
disturbances or other major law enforcement problems.
1.6 POLITICAL SUBDIVISION
"Political Subdivision" means any county, city or
municipality created pursuant to law.
1.7 RESPONDING PARTY
The term 'responding party" shall mean the
sub-
division which shall furnish, or be requestedlcal to�furnish,
services under this Agreement.
ARTICLE 2
TERMS AND MLnrTiONS
2.1 THERM
This Interlocal Agreement shall continue in full force and
effect unless terminated as provided for herein.
2.2 AUTHORITY AND PRIVILEGE
Pursuant to Section 252.41 2
ded, Count ( )(b
)• Florida Statutes, s amen-
Y Personnel, or City personnel, or both, in
response to a request for raid, due to an emergency not
within the territorial limits of.
subdivision, shall have thetheir respective political
power,
leges, and immunities incident tostheir�esemPploymentent. privi-
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2.3 OPERATIONAL CONTROL
Pursuant to Section 252.41(2)(c), Florida Statutes, as amen-
ded, the responding party, while on duty, shall be subject
to the operational control of the political subdivision in
which they are serving.
This sub -section shall not be construed or interpreted in
any manner so as to conflict with provisions of the M.A.E.F.
Plan relating to operational control of law enforcement
resources.
2.4 OFFICIAL REQUEST FOR ASSISTANCE
Official requests for aid, due to an emergency within the
territorial limits of a political subdivision, shall be made
by the individual responsible for coordinating emergency
management in the requesting political subdivision, to the
individual responsible for coordinating emergency management
in the responding political subdivision. The individuals so
designated in county government are:
a• Director, Emergency Preparedness Division; or
b. His designated alternate.
The one exception to the provisions of this section is
whenever provisions of the M.A.E.F. Plan are invoked by a
participating law enforcement agency. Whenever provisions
of said Plan are invoked, requests for assistance will be
• directed to the Broward County Sheriff.
2.5 REOUF_$TS FOR ASSISTANCE INFORMATION
The individual as described in paragraph 2.4 above, request-
ing mutual emergency aid shall provide the following infor-
mation to the responding political subdivision:
a• The general nature and type of emergency; and
b. The location of the emergency; and
c. The threat to life or property, or both, that the
emergency has or is likely to cause; and
d. The type of equipment requested; and
e. Specialized personnel requested.
2.6 RESPONDING RESOURCES
Resources (personnel, or equipment or both) responding to
assist the political subdivision requesting such aid shall
be provided for this purpose within sound and reasonable
limits of good and acceptable emergency administrative
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practice and procedures: and subject to the s°•und and pru-
dent judgment and discretion of the officer in charge of the
responding party hereto at the time that the request for
assistance is made; or at the time that additional request
for assistance are made by the requesting party.
2.7 JUSTIFIED FAILURE TO RESPOND
The parties hereto recognize and agree that if for any
reason beyond the control of the responding party the above
cited resources (personnel/equipment) are not available to
respond to a mutual aid emergency request within the
territorial limits of the requesting the responding party shall not be liableial orcresponsiblelin,
any regard whatsoever for the respondin
respond to a request, and the responding party's failure to
hereby assume such liability or responsibility does noty
e reasons
for failure to respond shall ,include, withoutlimitation:
a• In the opinion of the individual responsible for the
coordination of emergency management resources within
the responding political subdivison, said
subdivision would suffer undue Jeopardypolitical
inadequately protected if the responding p be left
respond as requested; or 9 party would
b. The requested resources are unavailable due to other
commitments.
2.8 EXPENSES INCURRED
Pursuant to Section 252.39(2), Florida Statutes, as amend
the political subdivison which requested mutual aid shall
liable for any loss or damage to a be
Bering said aid and shall a equipment utilized in ren-
dering and pay any expenses incurred in the
damage, or expense tshall ebehallowed unlessirn for such loss,
after the same is sustained or incurred within ed days
Of such claim under oath is served b mail itemized notice
the chief fiscal officer of the politicallsubdOr ivis subdivision
upon
which said resources were used.
which is aided The political subdivision
reimburse the pursuant to this Agreement shall also
compensation Political subdivison furnishingd f and
• Agreement durpngdthe time ofetheurenditd under this
for
Such reimbursement shall include an amounts such aid.
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compensation due to personal injuryaid or due for
employees are engaged in such aid.or death while such
used in the Agreement shall mean, andha term "employee" as
effect to, paid, volunteer, and auxiliaPply with equal
emergency management workers. Y employees and
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2.9 INSURANCE COVERAGE - ALTERNATE FUNDS .
Both parties to this Agreement shall carry sufficient
insurance coverage or provide alternative methods of
insuring cash reserves on fund availability to cover costs
and liabilities enumerated in Section 2.8, this Agreement.
2.10 TERMINATION OF AGREEMENT
In the event either party seeks to discontinue participating
pursuant to this Interlocal Agreement, it shall notify the
other party in writing no less than thirty (30) days prior
to the date said party seeks to cease participation.
2.11 NOTICES
Unless otherwise specifically provided herein, all notices
to be given hereunder shall be in writing and sent to the
parties as hereinafter provided, postage prepaid, certified
or registered mail, return receipt requested, and shall be
effective when deposited in the United States mail:
Notices as to the Count shall be sent to:
Director, Broward County
Emergency preparedness Division
1249 S.W. 44th Terrace
Fort Lauderdale, Florida 33317
Notices to the Municipalitv shall be sent to:
CITY OF TAMARAC
7525 NW 88th AVENUE
TAIMARAC, FLORIDA 33321
ATTN: JOHN P. KELLY, CITY MANAGEn
2.12 IDEMNIFICATION
Parties to this Agreement shall indemnify and save harmless
the other from, or on account of, and injuries, damages,
omissions, commissions, actions or causes of action accruing
as a result of services performed, or not performed, by
either party pursuant to this Interlocal Agrement as a
result of the actionable negligence of either party, to the
extent provided by Florida Law.
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ARTICLE 3
MISCELLANEOUS
3.1 It is understood and agreed that this document incorporated
and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to
the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings
concerning the subject matter of this Interlocal Agreement
that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements
whether oral or written.
3.2 It is further agreed that no modifications, amendment or
alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed
. with the same formality and of equal dignity herewith.
3.3 This document shall be executed in two (2) counterparts,
each of which shall be deemed to be a duplicate original.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Interlocal Agreement on the respective dated
under each signature; BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through its Chairman,
authorized to execute same by Board action on the
of 19 day
�, and the CITY OF
signing by and through its
my authorized to execute same.
COUNTY
�M
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and
EX--Officio Clerk of the Board
of County Commissioners of
Broward County, Florida
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Chairman
� .day of. .19
By
Assistant County Attorney
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INTEFQ%CAGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF
THE FURNISHING OF MUTUAL EMERGENCY AID. FLORIDA, PROVIDING FOR
CITY
CITY OF TA:•iARAC
�ftn P. Kelly Ci Manager
day o 19
ATTEST:
ity Clerk Carol A. Evans
APPROVED AS TO FORM:
1 BY:
City Attorney
Mitchell S. Kr
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