HomeMy WebLinkAboutCity of Tamarac Resolution R-85-0081
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Introduced by Temp. #3463
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-85—CL
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AMENDED CON-
SOLIDATED MUTUAL FIRE AND INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY AND -
VARIOUS CITIES IN BROWARD COUNTY RELATING
TO THE PROVISION OF MUTUAL AID IN THE CASE
OF FIRE, RESCUE AND EMERGENCY OR DISASTER;
AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City Officials are hereby
authorized to execute an amended Consolidated Mutual Fire Aid
Interlocal Agreement by and between the City and various Cities
in Broward County relating to the provision of Mutual Aid in the
case of fire, rescue, emergency or disaster, a copy of which is
attached as Exhibit "A".
SECTION 2: This Resolution shall become effective upon adoption.
PASSED, ADOPTED AND APPROVED this day of 1985.
ATTEST:
RECORD OF COUNCIL VOTE
ASSISTANT CITY CLERK
MAYOR: KRAVITZ
I HEREBY CERTIFY that I have DISTRICT4: V/M STEIN
approved the form and correctness
DISTRICT3: C/M STELZER
DaSTRICT2: C/M MUNITZ
DISTRICT1: C/M BERNSTFR,NI
0 ()
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"CONSOLIDATED"
MUTUAL FIRE AID
INTERLOCAL AGREEMENT
DECEMBER, 1983
Revised 1/9/85
"CONSOLIDATED"
MUTUAL FIRE AID INTERLOCAL AGREEMENT
Table of Contents
PAGE
Paragraph #1
AUTHORITY; GENERAL RESPONSIBILITIES;
CONDITIONS PRECEDENT............................................4
Paragraph #2
APPARATUS, EQUIPMENT AND ACCESSORIES ............................5
Paragraph #3
NEW EQUIPMENT AQUISITION........................................5
Paragraph #4
CHANGE IN OR DELETION OFEQUIPMENT ..............................5
Paragraph #5
STAFFING........................................................5
Paragraph #6
COMMUNICATIONS..................................................6
Paragraph #7
RESPONDING PARTY/REQUESTING PARTY;DEFINITIONS........ ».......... 6
Paragraph #8
RESPONSE TO CALL .......................... 0.....................6
Paragraph #9
OFFICIAL REQUEST..............................................6
Paragraph #10
REQUEST FOR ASSISTANCE; INFORMATION .............................6
Paragraph #11
* JUSTIFIED FAILURE TO RESPOND ......
.,....».......................7
Paragraph #12
INDEMNIFICATION, ............... .. ..
Paragraph #13
DAMAGE TO EQUIPMENT.............................................8
Paragraph #14
MATERIALS AND SUPPLIES..........................................8
Paragraph #15
CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE ............ 8
Paragraph #16
RIGHTS LIMITED TO REQUESTING PARTY'S JURISDICTION...............9
Paragraph #17
PRIORITY WITH SIMULTANEOUS CALLS......................�_�...._._9
"CONSOLIDATED"
MUTUAL FIRE AID INTERLOCAL AGREEMENT
Table of Contents
PAGE
Paragraph #18
*PRIOR COW1ITMENT OF EQUIPMENT... ........... * ............ 9
Paragraph #19
PRIORITY FOR SUBSEQUENT CALLS ............... .................... 9
Paragraph #20
AMENDMENTS.....................................................10
Paragraph #21
ADMINISTRATIVE BODY...............................r............10
Paragraph #22
TASKFORCE ................................... •...... ........... 10
Paragraph #23
PRIORITYOBJECTIVES .................. .........r........r........ 10
Paragraph #24
DISPUTES, DISAGREEMENTS AND GRIEVANCES .........................10
Paragraph #25
It .................................. •.............. 10
Paragraph #26
EFFECTIVEDATE ................................. & , ............11
Paragraph #27
TERMINATION ......................... .. .. .. .. .11
.*Revised 1/9/85
"CONSOLIDATED"
MUTUAL FIRE prcrVE, EMERGENCY OR DISASTER INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT for mutual fire aid is made and entered
Into in Broward County, Florida, as of the 9 th day of January 1985
pursuant to the provisions of Article VIII, Section 2(b), of the Constitution ,
of the State of Florida, Section 163.01, Florida Statutes (1977). the "Florida
Interlocal Cooperation Act of 1969", Chapter 166, Florida Statutes (1977), the
"Municipal Home Rule Powers Act", and other applicable provisions of State and
Local Law, by and between the undersigned municipalities, political sub-
divisions, towns, villages, special districts, public authorities and govern-
mental entities, by authority of Resolution No.of the governing
body of it of Tamarac Florida
WHEREAS, it is the design, purpose and intention of the parties
hereto to permit said parties, individually and collectively, to make the most
efficient use of their respective powers, resources and capabilities by co-
operating in the use of their respective powers, resources and capabilities in
regard to fire, rescue, emergency and disaster relief functions and, on a
basis of mutual advantage, to provide services and facilities in a manner most
consistent with the geographic, economic, demographic and other factors
influencing their respective needs and the development of their respective and
joint communities; and
WHEREAS, each party hereto maintains a Fire Department with fire
fighting equipment and fire fighting and administrative personnel; and
WHEREAS, at times of fire, rescue, emergency or disaster, one of the
parties hereto may have fire fighting, rescue, emergency or disaster relief
related demands made upon its equipment or personnel, or both, greater than
the capacity of the equipment or personnel available within its own depart-
ment, or both; and
WHEREAS, during those fire fighting, rescue, emergency or disaster
events which cause demands greater than the capacity of the equipment or
personnel resources available to a party hereto, it would be advantageous to
that party to have available to it the equipment or personnel, or both, of one
or more of the other parties for backup purposes, direct active fire fighting,
rescue, emergency or disaster aid and assistance; and
WHEREAS, the parties hereto acknowledge that said fire fighting,
rescue, emergency and disaster events occur without prior warning, without a
set pattern or frequency and without regard to life, limb or property; and
MIC
WHEREAS, the parties hereto further recognize that there is a great
mutual advantage in providing, prior to any fire fighting, rescue, emergency
or disaster event for mutual aid, mutual backup and cooperative use of the
resources available among the affected parties, in order that lives and
property be saved; and
WHEREAS, said mutual aid, backup and cooperative use of resources
benefits all directly or indirectly concerned; and
WHEREAS, it is the intent of the parties to this Agreement to provide
for mutual aid between the participating parties for unforeseen emergencies
beyond the normal capabilities of an individual. It is not the intent of this
agreement for an arty to subsidize normal day-to-day operations of another
part ici atin art ;
NOW, THEREFORE, in consideration of the premises and mutual covenants
and promises contained herein, and other good and valuable consideration, the
receipt of which and the adequacy of which are mutually acknowledged, with all
parties accordingly waiving any challenge to the sufficiency of such con-
sideration, it is mutually covenanted, promised.and agreed by the parties
hereto as follows:
1: AUTHORITY; GENERAL RESPONSIBILITIES; CONDITIONS PRECEDENT:
This Interlocal Agreement is entered into pursuant to the provisions of
Section 163.01, Florida Statutes, commonly known as the "Florida Interlocal
Cooperation Act of 1969% and all applicable provisions of said act are made a
part hereof and incorporated herein as if set forth at length herein, includ-
ing, but not limited to, the following specific provisions:
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(a) All of the privileges and immunities and limitations
from liability exemptions from laws, ordinances and rules, and all pensions
and relief, disability, workers' compensation and other benefits which apply_
to the activity --of officers, agents or employees of the parties hereto when
performing their respective functions within their respective territorial
limits for their respective agencies, shall apply to the same degree and
extent to the -performance of such functions and duties of such officers,
agents or employees extraterritorially under -the provisions of this-Interlocal
Agreement.
4 __(b) This -Interlocal Agreement does not and shall not be
deemed to relieve any of the parties hereto of any of their respective
obligations or responsibilities imposed upon them by law except to .the extent
of the actual and timely performance of those obligations or responsibilities
by one or more of the parties to this Agreement, in which case performance
provided hereunder may be offered in satisfaction of the obligation or
responsibility.
(c) As a condition precedent to its effectiveness, this
Interlocal Agreement and any subsequent amendments hereto shall be filed with
the Clerk of the Circuit Court of Broward County.
2. APPARATUS, EQUIPMENT AND ACCESSORIES: It is agreed that at the
time of the execution hereof each party has the equipment listed in the
attached Exhibit "A" in good working order that will be and is subject to this
Agreement. Only the equipment listed on Exhibit "A", as supplemented pursuant
to paragraph 3 of this Agreement, shall be subject to this Agreement. In
addition to the specifically described major pieces of equipment listed, said
equipment shall be deemed to include all normal appliances, accessories and
portable equipment associated therewith and normally contained thereon as
required by N.F.P.A., pamphlet 1901, latest edition.
3. NEW EQUIPMENT ACQUISITION: Upon the acquisition of new equip-
ment, said equipment, upon going "on-line- without restriction in active use,
shall, without formal amendment hereto, be deemed included in the attached
listing of pieces of equipment of the respective party(s) hereto, and shall be
subject to this Agreement. The party acquiring such new equipment shall
notify -the Administative Body, in writing, of the acquisition of new -equipment
as soon as the equipment goes into "on-line" service. The Administrative Body
shall subsequently advise all parties to this agreement, in writing, of the
acquisition of the new equipment.
4. CHANGE IN OR DELETION OF EQUIPMENT: Nothing herein contained
shall in any way prohibit, restrain or impede any party from the free disposal.
or modification of any of its equipment or from temporarily taking all or part
of its equipment "off -line" or out of -service for the purpose of maintenance
or repair of the same. However, should any party actually or effectively
dispose of fifty percent (50%) or more of its equipment without immediate
replacement., then,__at_the option of the other parties hereto, as determined by
a majority vote of the Administrative Body_,_ this Agreement shall either be
immediately and permanently terminated or conditionally terminated. .A con-
ditional termination shall take effect only if the party .whose, participation
is being terminated fails to bring its "on-line", active equipment up to the
level specified in the -notice of conditional termination within the time limit
set forth in the notice.. -Each termination, ,whether. -permanent or conditional,
shall be in writing and shall not take effect until the Administrative Body
has served upon the Clerk or Chief Administrative Officer of the party whose
participation is to be terminated.
5. STAFFING: All responding vehicles shall be reasonably staffed
by the party responding to a mutual,aid request. Reasonable staffing shall
include a minimum of three (3) fire fighters for each engine and two (2)_fire
fighters per aerial apparatus, and appropriately trained personnel for such
other support equipment as may be requested. Each responding fire fighter
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shall be a Florida State Certified Fire fighter possessing a valid certificate
compliance or completion. It is understood that if additional manning or
personnel are on duty, called for duty or available for the emergency duty in
question, then said personnel shall be provided for this purpose.
6. CO11MUNICATIONS: Recognizing that radio communication is
necessary to successfully provide mutual fire fighting, emergency or disaster
related assistance, the parties agree to provide the capability to access the
following UHF radio frequency:
F.C.C. Radio/Call Sign — Designation — KXW361:
FREQUENCY DESIGNATION/USE
470/473.6675 Mutual fire Assistance
This channel will be restricted to use by command personnel only as described
in Paragraph #9.
7. RESPONDING PARTY/REQUESTING PARTY; DEFINITIONS: "Responding
party" shall mean the party which shall furnish or be requested to furnish
equipment or personnel, or both, i.e., "mutual aid" in response to the request
of the party within whose jurisdiction the emergency necessitating such mutual
aid occurs, which second party shall be known as the "requesting party".
8. RESPONSE TO CALL: The parties hereto, each as to the other,
mutually agree to respond to the mutual aid fire, rescue, emergency or
disaster calls or requests of the other with their respective equipment and
associated personnel as hereinabove described, when requested to do so by the
requesting party, subject to the terms, conditions and understandings contain—
ed in this Agreement and within the reasonable limits of good and acceptable
Fire Department practices and procedures.
9. OFFICIAL REQUEST: The following officials of the requesting
party are authorized to request mutual aid fire, emergency, rescue or disaster
assistance from the responding party pursuant to this Agreement.
(a) Fire Chief
(b) The Senior Officer in Charge/Command of requesting party's
I'., Fire Department
10. REQUEST FOR ASSISTANCE: INFORMATION: The officer described in
Paragraph 9 above requesting mutual aid fire, rescue, emergency or disaster
assistance shall give the following information at the time that the request
for such assistance is made:
(a) Thp r.pne ral nnr,irp And type of emergency.
(b) The location of the emergency.
(c) The life or property hazard involved and the type of
equipment requested.
(d) Street routing information when necessary.
The initial request for assistance shall be transmitted by land -line
(telephone) to the appropriate dispatch/communications center of the respond -
ing party.
11. JUSTIFIED FAILURE TO RESPOND: The parties hereto recognize and
agree that if for any reason beyond the control of the responding party the
above -referenced equipment or personal, or both, are not available to respond
to a mutual aid fire, rescue, emergency or disaster call within responding parties
limits of the requesting party, the responding party shall not be liable or
responsible in any regard whatsoever for the responding party's failure to
respond to such call. The reasons justifying a failure to respond shall
include, but not be limited to the following;
(a) In the opinion of the Senior Officer in command -of the
responding party's Fire Department at the time of the request for mutual aid,
the responding party would suffer undue jeopardy and be left inadequately
protected if the responding party *responds as requested;
(b) The requested equipment is inoperative as a result of
damage caused to it;
(c) The requested equipment is being utilized due to a previous
emergency call;
(d) Mechanical breakdown of the requested equipment;
(e) The inability to adequately staff the equipment or to meet
the minimum standards set forth at Paragraph 5 herein.
12. INDEMNIFICATION:
Except as otherwise specifically provided in this Agreement, the
requesting party shall indemnify and hold the responding party or parties
harmless from and against any and all claims, demands, suits, actions, damages
and causes of action related to or arising out of or in any way connected with
mutual aid fire, rescue, emergency or disaster assistance rendered or perform -
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ed at the requesting party's emergency or disaster site. The requestng party
shall defend any action or proceeding brought against the responding party or
parties and shall indemnify and hold the responding party or parties harmless
from and against all costs, counsel and attorneys fees, expenses and liabili-
ties 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.
Each party shall bear its own responsibility and be liable for
any claims, demands, suits, actions, damages and causes of action arising out
of or occurring during travel to or from its own or a requesting party's
emergency or disaster site and no indemnification or hold harmless agreement
shall be in effect concerning such claims, demands, suits, actions, damages
and causes of action.
13. DAMAGE TO EQUIPMENT: The requesting party shall replace, repair
or reimburse the responding party for the direct cost of replacement or repair
of any of the responding party's equipment damaged or destroyed while at the
requesting party's emergency or disaster site except that if such damage or
destruction is solely -the result of errors, negligent acts or ommissions of
the responding party or any of its agents, employees or officials, the
requesting party shall not be responsible for such replacement, repair or
reimbursement.
14. MATERIALS AND SUPPLIES: The requesting party shall, at the
option of the responding party, either replace or reimburse the responding
party for the direct cost of all materials and supplies such as foam, dry
chemicals, halon and the like, consumed or expended by the responding party in
the course of rendering mutual aid and assistance pursuant to this Agreement
while at the requesting party's emergency or disaster site.
15:- CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE: Once the
responding party reaches the requesting party's emergency or disaster site,
the requesting party's on -site Senior Officer in command will direct in
general the activities and deploy personnel and equipment in the area where
the emergency exists: Control of each respective party's personnel shall
remain with each respective party as to the rendition of service, standards of
performance, discipline of officers and employees and other matters incident
to the performance of services by the responding party's personnel. The
officer in command of the personnel of the responding party shall not be
obligated to obey any order which said officer reasonably believes to be
either in violation of the laws of -the State of Florida, United States, or of
the responding party, or any order -which said officer believes will un-
necessarily result in the likelihood or unreasonable risk of death or bodily
injury to the agents, officers or employees of the responding party, or in a'
loss of or damage to the responding party's equipment.
16. REQUESTS LIMITED TO REQUESTING PARTY'S JURISDICTION: A party
may request mutual aid fire, rescue, emergency or disaster assistance only
when the site of the emergency justifying such request is within the
jurisdictional limits of the requesting party.
17. PRIORITY FOR SIMULTANEOUS CALLS: In the event of simultaneous
or nearly simultaneous fire, rescue, emergency or disaster calls relating to
emergencies located within both a requesting and a responding party's
boundaries, the call relating to the emergency located within the boundaries
of a party shall take priority over the mutual aid call from the requesting
party.
18. PRIOR COMMITMENT OF EQUIPMENT: 'In the event that a responding
party's equipment and personnel are already "working" an emergency located within
responding parties limits, said equipment and personnel shall not be releas-
ed to respond to the emergency call of the requesting party until such time
as, in the sole and absolute discretion of the Senior Officer in command of
the responding party's Fire Department, it is determined that the responding
party's equipment and personnel can be released to respond to the requesting
party's mutual aid fire, rescue emergency or disaster call..- Only that. -portion
of the responding party's equipment and personnel as the Senior Officer in
command of the responding party's Fire Department shall deem available for
release at that time shall be released to the requesting party's emergency
site.
19. PRIORITY FOR SUBSEQUENT CALLS:. In the event that the responding
party's equipment and personnel are on -site at a location within the request-
ing party's jurisdictional limits and an emergency call relating to a fire,
rescue, emergency or disaster occurring within the responding party's
boundaries is received,. the requesting party shall, immediately upon being
notified by the responding party's senior officer in command at the site of
the requesting party's emergency of such circumstances, request such
additional outside assistance from other parties to this agreement,- as would
timely and effectively permit the release of the responding :party's equipment
and personnel so as to enable same to timely respond to the responding party's
emergency call site or, if same is not practical or feasible, the requesting
party agrees that the responding party shall be permittedtto immediately -leave
the fire, rescue, emergency or disaste-r sire within the territory of the -
requesting party and respond to the fire, rescue emergency or disaster site -
within the responding party's territory. In any event, should the senior
officer in command of the responding party's fire department require that its
equipment and personnel return to an emergency site within its boundaries in
response to a fire, rescue, emergency or disaster call, the parties agree that
the responding party has the absolute right to immediately return to the
emergency site within its jurisdictional limits.
20. AMENDMENTS:
(a) .in amendment to this agreement shall be ini::iated through
the Administrative Body.
(b) All parties hereby agree to submit to their legislative
bodies for final approval additions to and deletions from
this agreement approved by a two-thirds vote of the
T Administrative Body.
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(c) Approval of such proposed amendments by two-thirds of the
participating agencies' legislative bodies shall make such
amendments effective as to and shall be binding upon all
parties continuing to participate in this agreement.
21. ADMINISTRATIVE BODY:
The Administrative Body shall consist of the Fire Chief, or his
designee, from each of the participating parties. The Administrative Body
shall have the authority to adopt rules of procedure for conducting meetings
or public hearings and 'for ruling upon disputes, disagreements, grievances and
other matters to be determined by the Administrative Body pursuant to this
Agreement.
22. TASK FORCES
(a) The Admininstrative Body may organize various task forces
as it deems appropriate.
(b) Task forces shall be assigned specific topics for research
and development. Recommendations from the task force(s)
shall be forwarded to the Administrative Body upon com-
pletion.
23. PRIORITY OBJECTIVES: In the interest of uniformity and cost
effectiveness it is hereby understood and agreed that task forces will
immediately be formed by the Administrative Body to address the following
topics: Training; Communications; Response; Purchasing; Equipment; Operation-
al Procedures.
24. DISPUTES, DISAGREEMENTS AND GRIEVANCES: Disputes, disagreements
or grievances which cannot be voluntarily resolved by the parties involved
shall be resolved by the Administrative Body, whose decisions in such matters
shall be final and binding upon all parties.
25. INTERPRETATIONS: The Administrative Body shall be the final
authority on interpretation of this agreement. This agreement is not intended to
prohibit or restrict any of the parties from seeking relief of disputes through the
courts.
1n-
26. EFFECTIVE DATE: This Interlocal Agreement shall take effect
immediately upon its proper and complete execution by each party and upon
the filing of a copy of the same with the Clerk of the Broward County
Circuit Court.
27. TERMINATION: Except in the case of termination under para-
graph four, this Agreement may be terminated upon forty-five (45) days
written notice given, by any party to the Administrative Body who shall
within fifteen (15) days, serve written notice to all parties through
their respective Clerk or Chief Administrative Officer,
IN WITNESS WHEREOF, the parties hereto have caused this Interlocal
Agreement to be entered into and executed the day and year first above
written.
Signed, sealed and delivered
in the presence of:
ATTEST:
CITY MA�AGfER7
ATTEST:
THE CITY OF TAMARAC
By:
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DATE:
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