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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-174. Fero-wwd County C ornr; is5ion Department of ty and Emergency Services 2601 West Browafd Boulevard BROW RDCOUMY l <a3 t Lnude9-d ale,. Flc;rido 333 i 2-1308 (9 54) 831 200 Fax (a ) 331-8232 Date; .ln=arKiry 30, 2000 o. Jirao li3s.adzirlski, i::;ire Chief f.. .152E , Ndwffiw'esx 88"' Avenue f'a rn,araac:, ;'lc:yricli .33321 cs !'8746Po lic9brt.+:a j.[�''�.. m�a"laaas�d:1L.�, ,,4 $ &k".t: id; DtedAv321 4"sr'.: V¢ iat$: We Transmit, (V) Herewith For "our; 4; "',F4iaPn.waai The oll i - l:as�„tril�a.a(su):a t Signature { t sQ Agreements � ) 1ra3��r�rG�%sc�sa s) Report", Description Action Required lrtlerlc?cal Af';reendc'nt Anienon. Browaard ( '(PG.anl , °O. y 6)E' Nk)rtla La kid rdaa.le nd C tti c)(' ami araac: Providing lbr i_;ox)perwivu a.ar�a"3 € saF:aTy, lMedicaln,,J Fire Protection ( {€ H NIMTIIMM We a: pe tig(:ze fbr the d,aS.@.ay in :rcturning t..3"6s 1gre>'mti".$..6L back to you No Text TR 9031 INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID This is an Interlocal Agreement, made and entered into by and among the City of North Lauderdale, a Florida municipal corporation, the City of Tamarac, a Florida municipal corporation, (hereinafter collectively referred to as the "Cities") and Broward County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"), all parties hereinafter collectively referred to as the "Parties;" providing for cooperative emergency medical and fire protection services through Automatic Aid. W ITN E S S E T H WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and 1 WHEREAS, the Parties believe that because of their shared boundaries and mutual responsibility to provide fire protection and emergency medical services, coordination of such services between the Parties would be appropriate and beneficial to the public; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved fire and medical protection within the service areas of such parties; and WHEREAS, the Parties to this Interlocal Agreement have entered into previous agreements for mutual and automatic aid for the purpose of providing fire protection and emergency medical services; and WHEREAS, it is therefore deemed in the best interests of the Parties and for the public's health, safety and welfare that the Parties enter into this Interlocal Agreement for the purpose of providing cooperative fire protection and emergency medical services through Automatic Aid; NOW, THEREFORE, In Consideration of the mutual covenants and promises set forth herein, the Parties agree as follows: ARTICLE 1 BACKGROUND: PURPOSE AND INTENT 1.1 It is the purpose and intent of this Interlocal Agreement for the Parties, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.2 The respective elected bodies of the Parties find that mutual cooperation in the delivery of emergency medical and fire protection services can best be accomplished within a cooperative, interlocal configuration. To further that cause, the Parties willingly enter into this Interlocal Agreement which extends beyond the concept of mutual aid to the concept of automatic aid for fire protection and emergency medical services. 1.3 The Parties agree to act jointly rather than separately with regard to the provision of fire protection and emergency medical services. 1.4 Effective upon the date of execution by the last of the signatories to this Interlocal Agreement, this Interlocal Agreement shall supersede all previous agreements between the Parties regarding mutual aid or automatic response. 2 1.5 It is mutually understood and agreed that this Interlocal Agreement does not relieve any party hereto from the necessity and obligation of furnishing adequate fire protection and emergency medical services within their own jurisdictional boundaries. ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS 2.1 Interlocal Agreement- means this document, Article 1 though 16, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference_ 2.2 Coverage - means the provision of fire protection and/or emergency medical services, if needed, to another jurisdiction or geographic area which does not require the relocation or movement of apparatus and personnel. 2.3 Responding Party - means the agency which is providing assistance to another agency which has declared an emergency incident. 2,4 Requesting Party - means the agency which is requesting assistance from an outside agency to assist in mitigating an emergency incident. ARTICLE 3 AUTOMATIC RESPONSE AREA 3.1 Each Party's ALS rescue/transport units, fire suppression apparatus, and personnel shall provide automatic fire, rescue, emergency and disaster response within the areas described in Exhibit "A." 3.2 The Parties agree to implement station response areas using the closest unit response concept. The closest available apparatus shall respond to a request for assistance regardless of whether the location of the fire or medical emergency is within the jurisdiction which operates the apparatus. Response patterns shall be established regardless of the jurisdictional boundary lines for the City of North Lauderdale, City of Tamarac and unincorporated Broward County. its ARTICLE 4 COMPENSATION 4.1 This Interlocal Agreement is an equitable exchange of services that shall not require monetary compensation from the Parties. All other intergovernmental agreements relating to payments for fire protection and emergency medical services remain in effect. 4.2 Each Party to this Interlocal Agreement shall remain responsible for the wages or salaries, the cost of workers' compensation and other insurance premiums and benefits, and retirement and other job benefits now provided for any of its employees who are assigned work under this Interlocal Agreement. 4.3 Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party requesting assistance. 4.4 The Parties agree that the Responding Party may invoice, collect, and retain fees from those persons receiving ALS/BLS transport services or hazardous materials mitigation. 4.5 The Party furnishing any equipment pursuant to this Interlocal Agreement shall bear the loss or damage to such equipment and shall pay any expenses incurred in the operation and maintenance thereof. Each Party shall be responsible for compensation and benefits of its employees and not of any other Party's employees. ARTICLE 5 RESPONSE COMMITMENT 5.1 Throughout the term of this Interlocal Agreement, the City of North Lauderdale shall provide to Broward County and the City of Tamarac fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.2 Throughout the term of this Interlocal Agreement, the City of Tamarac shall provide to Broward County, and the City of North Lauderdale fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.3 Throughout the term of this Interlocal Agreement, Broward County shall provide to the City of North Lauderdale, and the City of Tamarac fire protection, emergency medical services, hazardous materials emergency response services, air rescue services, and technical rescue services into the areas as set forth in Exhibit "B." 11 5.4 The Parties shall, as soon as practical, by their Fire Chiefs, develop policies, procedures, rules and regulations to carry out the Parties' intent in the coordination of functions and services described herein_ 5.6 The Parties shall jointly establish minimum service criteria and staffing for fire protection and emergency medical services in the areas described in Exhibit "A." 5.7 Each Party agrees not to reduce the level of fire protection or emergency medical services without notice to each party of this Interlocal Agreement. 5.8 Each Party shall be responsible for the normal maintenance and repair of its facilities and equipment. 5.9 The Primary Response Zones reflected in Exhibit "A" of this Interlocal Agreement may be amended during the term of this Interlocal Agreement by mutual agreement in writing by the respective Fire Chiefs for purposes of improving response times and otherwise increasing the efficiency of services provided pursuant to this Interlocal Agreement. ARTICLE 6 RESPONSE UNITS Each Party agrees to keep fire protection and emergency medical transport vehicles in service, equipped and adequately staffed with certified personnel for the purpose of fire protection and emergency medical services within the Automatic Response Area. A description of each response vehicle type is attached hereto and made a part hereof as Exhibit "C." ARTICLE 7 CONTROL OF FIRE RESCUE EMERGENCY OR DISASTER SCENE The senior chief officer of the jurisdiction in which the emergency scene is located shall be in command of the incident. "Command" means the person is responsible for the tactical coordination of all personnel and equipment then in use to control the emergency. 5 ARTICLE 8 PRIORITY FOR SIMULTANEOUS CALLS In the event of simultaneous or nearly simultaneous fire, rescue, emergency, or disaster calls relating to emergencies located within the Mutual Response Area's boundaries, the call relating to the emergency located within the boundaries of each respective agency shall take priority over the call from the other party. The inability to complete the assignment will be relayed to the County's Fire Rescue Dispatcher who will in turn notify the appropriate responsible agency and a replacement unit(s) will be dispatched. ARTICLE 9 PRIOR COMMITMENT OF EQUIPMENT In the event that a Party's equipment and personnel are already working an emergency located within that Party's respective jurisdictional limits, said equipment and personnel shall not be released 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 vehicles, it is determined that the Responding Parry's equipment and personnel can be released to respond to the Requesting Party's fire, emergency medical, or disaster call. Only that portion of the Responding Party's equipment and personnel as the respective party's senior officer in command shall deem available for release at that time shall be released to respond. ARTICLE 10 COMMUNICATION Recognizing that communication is essential to successfully provide fire protection or emergency medical or disaster related assistance, the Parties agree to provide the necessary radio equipment for their respective personnel and vehicles to access Broward County's Fire Rescue Communications Center. 10 ARTICLE 11 .JUSTIFIED FAILURE TO RESPOND 11.1 The Parties recognize and agree that, if for any reason beyond the control of the Responding Party, the vehicle, personnel, or both, are not available to respond to a fire, medical emergency, or disaster call within the limits of the other party's jurisdictional area, the Responding Party shall not be liable or responsible in any regard whatsoever. 11.2 In accordance with Section 10.1 above, the reasons justifying a failure to respond shall include, but not be limited to, the following: 11.2.1 If, in the opinion of the senior officer in command of the Responding Party's fire protection or emergency medical service at the time of the request for response, the Responding Party would suffer undue jeopardy and be left inadequately protected if the Responding Party responds as requested without Move Up Coverage en route. 11.2.2 The requested vehicle is inoperative. 11.2.3 The requested vehicle is being utilized on a previous emergency call. 11.2.4 A mechanical breakdown of the requested vehicle. ARTICLE 12 INDEMNIFICATION 12.1 The Parties shall each individually defend any action or proceeding brought against their respective agency and shall be individually responsible for all its own costs, attorneys fees, expenses and liabilities 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. 12.2 Each Party shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes of actions arising out of or occurring during travel to or from its own emergency or disaster site or from an emergency or disaster site covered by this Interlocal Agreement. 7 12.3 The Parties 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 any Party pursuant to this Interlocal Agreement. ARTICLE 13 AMENDMENTS 13.1 An amendment to this Interlocal Agreement may be initiated by either the City Managers of each city or the Broward County Administrator. 13.2 The Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 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. 13.3 Approval of such proposed amendments by the legislative bodies shall make such amendments effective as to and shall be binding upon all in this Interlocal Agreement. ARTICLE 14 TERMINATION A Party may terminate its participation in this Interlocal Agreement by giving each of the other Parties ninety days (90) days written notice as provided in Section 16.6 herein. ARTICLE 15 TERM OF AGREEMENT 15.1 The obligation of the Parties to perform under this Interlocal Agreement shall commence upon the date of the last Party executing this Interlocal Agreement. 15.2 The term of this Interlocal Agreement shall be for one (1) year from the commencement date pursuant to Section 15.1 above. Thereafter, this Interlocal Agreement shall automatically renew for additional one (1) year terms unless said term is modified by the Parties or this Interlocal Agreement is terminated by all Parties pursuant to the terms in Articles 15 and 16 respectively. IV ARTICLE 16 MISCELLANEOUS 16.1 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 others. 16.2 Entire Agreement 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, 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. 16.3 Records: The Cities agree to permit the County to examine all records and grants the County the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The Cities shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. The County agree to permit the Cities to examine all records and grants the Cities the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The County shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. 16.4 Contract Administrators: The Contract Administrators for this Interlocal Agreement are the Fire Rescue Division Director, or designee, for County and the Fire Chiefs, or designees, for the Cities. In the administration of this Interlocal Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. E 16.5 Recordation_/Filin_: The County Administrator and Ex-Ofl•icio 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 the Cities 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 the Circuit Court of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 16.6 Notices: Whenever any Party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the Party(ies) 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. FOR COUNTY: Director Broward County Fire Rescue Division 2601 West Broward Boulevard Fort Lauderdale, Florida 33311 FOR CITY OF NORTH LAUDERDALE Fire Chief City of North Lauderdale 701 Southwest 71 st Avenue North Lauderdale, Florida 33068 FOR CITY OF TAMARAC: Fire Chief City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 16.7 ADA Compliance - The Parties agree to fully comply with their obligations under Title I and Title II of the Americans With Disabilities Act (ADA) and failure to comply with same shall be cause for immediate termination of this Interlocal Agreement by any of the Parties. 10 16.8 No Waiver - No waiver of any provision in this Interlocal Agreement shall be effective unless it is in writing, signed by the Party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. No waiver of any provision or any failure to perform any of the terms, covenant, and conditions hereunder shall operate as a waiver of any other prior or subsequent failure to perform any of the terms, covenants, or conditions herein contained. 16.9 Assignment - The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the prior written consent of the other Parties. 16.10 Governin Law and Venue: This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 16.11 Severabili : In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 16.12 Third Part Beneficiaries: The Parties agree that there are no third party beneficiaries to this Interlocal Agreement and that no third party shall be entitled to assert a claim against any of them based upon this Interlocal Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Interlocal Agreement. 16.13 Performance: The Parties represent that all persons delivering the services required under this Interlocal Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth herein in a skillful and respectable manner. 16.14 Compliance with Laws: The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Interlocal Agreement. 11 16.15 Independent Contractors. The Parties agree that each party to this Interlocal Agreement is an independent contractor. Activities undertaken by the Parties pursuant to this Interlocal Agreement shall be subject to the supervision of the respective Party. In providing such services, neither of the Parties, nor their respective agents shall act as officers, employees, or agents of the other Parties. This InterlocalAgreement shall not constitute or make the Parties a partnership or joint venture. 16.16 Priority of Provisions: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attache hereto, any document or events referred to herein, or any document incorporated into this Interlocal Agreement by reference and a term, statement, requirement, or provision of this Interlocal Agreement, the term, statement, requirement, or provision contained in Articles 1 through 16 of this Interlocal Agreement shall prevail and be given effect. 16.17 Multi le Ori inals: This Interlocal Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of the page intentionally left blank.) 12 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 through its Chair or Vice Chair, a orized to execute same by Board action on the day of 20 , the CITY OF NORTH LAUDERDALE, and the CITY OFOTAMARAC signing by and through their respective Mayors, duly authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Y Cha ay of 2004, Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telec i r: (954) 357-7641 '1 Y ATRICE M. EICHEN Assistant County Attorney 13 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICESTHROUGH AUTOMATIC AID CITY OF NORTH LAUDERDALE �a day of 2000. (CORPORATE SEAL) APPROVED AS TO FORM: By C4 Attorney 14 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID WITNESSES, ATTEST: City Clerk (CORPORATE SEAL) CITY OF TAMARAC 15 CITY OF TAMARAC 'j By Mayor -Commissioner day of 2000. B clky"Mger day of 12000. APPRO'D TO FORM: . ... .......... . . . ...... .... y City Attorne'l,") EXHIBIT "A" ATTACH MAP OF NORTH LAUDERDALE, TAMARACAND UNINCORPORATEDAREAS 16 I m I Q1 me 7ko V J U) '1 n 7. V RESPONSE ZONES No Text EXHIBIT C AUTOMATIC RESPONSE AREA IN SERVICE RESOURCES Broward County: ALS Engine Companies: (1) - E34 ALS Telesquirt Engine Companies: (1) - S20 ALS Rescue/Transports: (1) - M20 City of North Lauderdale: ALS Engine Companies: (1) - E44 ALS Rescue/Transports: (1) - R44 City of Tamarac: ALS Engine Companies: (2) - E41, ALS Aerials: (1) - L41 ALS Rescue/Transports (3) - R41, Off E78 R241, R78 Temp. Reso. #9031 May 16, 2000 Revision #1 —June 15, 2000 Revision #2 — June 21, 2000 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-174 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF NORTH LAUDERDALE, AND BROWARD COUNTY ALLOWING FOR THE PROVISION OF COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID; REPEALING RESOLUTION #99-339; 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 emergency medical and fire services to our community; and WHEREAS, a cooperative agreement with adjacent communities would improve emergency medical and fire services to each community; and WHEREAS, similar levels of emergency medical and fire service are provided by Tamarac, North Lauderdale and Broward County; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved protection within each service area; and WHEREAS, the City Commission approved Resolution #99-339 on December 22, 1999, which is the same Agreement proposed herein, however, the City of Margate is no longer involved in the Agreement; and Temp. Reso. #9031 May 16, 2000 Revision #1 — June 15, 2000 Revision #2 — June 21, 2000 WHEREAS, Resolution #99-339 should be repealed and a new Agreement accurately reflecting the parties involved is proposed; 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 this interlocal agreement providing for cooperative emergency medical and fire protection services through automatic aid. 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: Resolution #99-339 is hereby repealed. SECTION 3: The City of Tamarac will participate as a party to the agreement to provide cooperative emergency medical and fire protection services through automatic aid. SECTION 4: The appropriate City Officials are hereby authorized to execute the Agreement between Tamarac and Broward County, and North Lauderdale providing for cooperative emergency medical and fire protection services through automatic aid (attached hereto as Exhibit A). 1 Temp. Reso. #9031 May 16, 2000 Revision #1 — June 15, 2000 Revision #2 — June 21, 2000 SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: 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. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 28th day of June, 2000. ATTEST: MARION SWENSON, CMC INTERIM CITY CLERK I HEREBY CERTIFY that I have Approved this RESOLUTION as to form U1 1 Y Al 1 UHNCY (�JOE SCHREIBER, MAYOR 61f,k,� A-- --A INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID This is an Interlocal Agreement, made and entered into by and among the City of North Lauderdale, a Florida municipal corporation, the City of Tamarac, a Florida municipal corporation, (hereinafter collectively referred to as the "Cities") and Broward County Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"), all parties hereinafter collectively referred to as the "Parties;" providing for cooperative emergency medical and fire protection services through Automatic Aid. W ITN ESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Parties believe that because of their shared boundaries and mutual responsibility to provide fire protection and emergency medical services, coordination of such services between the Parties would be appropriate and beneficial to the public; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved fire and medical protection within the service areas of such parties; and WHEREAS, the Parties to this Interlocal Agreement have entered into previous agreements for mutual and automatic aid for the purpose of providing fire protection and emergency medical services; and WHEREAS, it is therefore deemed in the best interests of the Parties and for the public's health, safety and welfare that the Parties enter into this Interlocal Agreement for the purpose of providing cooperative fire protection and emergency medical services through Automatic Aid; NOW, THEREFORE, In Consideration of the mutual covenants and promises set forth herein, the Parties agree as follows; ARTICLE 1 BACKGROUND: PURPOSE AND INTENT 1.1 It is the purpose and intent of this Interlocal Agreement for the Parties, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.2 The respective elected bodies of the Parties find that mutual cooperation in the delivery of emergency medical and fire protection services can best be accomplished within a cooperative, interlocal configuration. To further that cause, the Parties willingly enter into this Interlocal Agreement which extends beyond the concept of mutual aid to the concept of automatic aid for fire protection and emergency medical services. 1.3 The Parties agree to act jointly rather than separately with regard to the provision of fire protection and emergency medical services. 1.4 Effective upon the date of execution by the last of the signatories to this Interlocal Agreement, this Interlocal Agreement shall supersede all previous agreements between the Parties regarding mutual aid or automatic response. 2 1.6 It is mutually understood and agreed that this Interlocal Agreement does not relieve any party hereto from the necessity and obligation of furnishing adequate fire protection and emergency medical services within their own jurisdictional boundaries. ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS 2.1 Interlocal Agreement- means this document, Article 1 though 16, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 2.2 Coverage - means the provision of fire protection and/or emergency medical services, if needed, to another jurisdiction or geographic area which does not require the relocation or movement of apparatus and personnel. 2.3 Responding Party - means the agency which is providing assistance to another agency which has declared an emergency incident. 2.4 Requesting Party - means the agency which is requesting assistance from an outside agency to assist in mitigating an emergency incident. ARTICLE 3 AUTOMATIC RESPONSE AREA 3.1 Each Party's ALS rescue/transport units, fire suppression apparatus, and personnel shall provide automatic fire, rescue, emergency and disaster response within the areas described in Exhibit "A." 3.2 The Parties agree to implement station response areas using the closest unit response concept. The closest available apparatus shall respond to a request for assistance regardless of whether the location of the fire or medical emergency is within the jurisdiction which operates the apparatus. Response patterns shall be established regardless of the jurisdictional boundary lines for the City of North Lauderdale, City of Tamarac and unincorporated Broward County. 3 ARTICLE 4 COMPENSATION 4.1 This Interlocal Agreement is an equitable exchange of services that shall not require monetary compensation from the Parties. All other intergovernmental agreements relating to payments for fire protection and emergency medical services remain in effect. 4.2 Each Party to this Interlocal Agreement shall remain responsible for the wages or salaries, the cost of workers' compensation and other insurance premiums and benefits, and retirement and other job benefits now provided for any of its employees who are assigned work under this Interlocal Agreement. 4.3 Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party requesting assistance. 4.4 The Parties agree that the Responding Party may invoice, collect, and retain fees from those persons receiving ALS/BLS transport services or hazardous materials mitigation. 4.5 The Party furnishing any equipment pursuant to this Interlocal Agreement shall bear the loss or damage to such equipment and shall pay any expenses incurred in the operation and maintenance thereof. Each Party shall be responsible for compensation and benefits of its employees and not of any other Party's employees. ARTICLE 5 RESPONSE COMMITMENT 5.1 Throughout the term of this Interlocal Agreement, the City of North Lauderdale shall Provide to Broward County and the City of Tamarac fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.2 Throughout the term of this Interlocal Agreement, the City of Tamarac shall provide to Broward County, and the City of North Lauderdale fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.3 Throughout the term of this Interlocal Agreement, Broward County shall provide to the City of North Lauderdale, and the City of Tamarac fire protection, emergency medical services, hazardous materials emergency response services, air rescue services, and technical rescue services into the areas as set forth in Exhibit "B " 4 5.4 The Parties shall, as soon as practical, by their Fire Chiefs, develop policies, procedures, rules and regulations to carry out the Parties' intent in the coordination of functions and services described herein. 5.6 The Parties shall jointly establish minimum service criteria and staffing for fire protection and emergency medical services in the areas described in Exhibit "A." 5.7 Each Party agrees not to reduce the level of fire protection or emergency medical services without notice to each party of this Interlocal Agreement. 5.8 Each Party shall be responsible for the normal maintenance and repair of its facilities and equipment. 5.9 The Primary Response Zones reflected in Exhibit "A" of this Interlocal Agreement may be amended during the term of this Interlocal Agreement by mutual agreement in writing by the respective Fire Chiefs for purposes of improving response times and otherwise increasing the efficiency of services provided pursuant to this Interlocal Agreement. ARTICLE 6 RESPONSE UNITS Each Party agrees to keep fire protection and emergency medical transport vehicles in service, equipped and adequately staffed with certified personnel for the purpose of fire protection and emergency medical services within the Automatic Response Area. A description of each response vehicle type is attached hereto and made a part hereof as Exhibit "C." ARTICLE 7 CONTROL OF FIRE. RESCUE EMERGENCY OR DISASTER SCENE The senior chief officer of the jurisdiction in which the emergency scene is located shall be in command of the incident. "Command" means the person is responsible for the tactical coordination of all personnel and equipment then in use to control the emergency. I1 ARTICLE 8 PRIORITY FOR SIMULTANEOUS CALLS In the event of simultaneous or nearly simultaneous fire, rescue, emergency, or disaster calls relating to emergencies located within the Mutual Response Area's boundaries, the call relating to the emergency located within the boundaries of each respective agency shall take priority over the call from the other party. The inability to complete the assignment will be relayed to the County's Fire Rescue Dispatcher who will in turn notify the appropriate responsible agency and a replacement unit(s) will be dispatched. ARTICLE 9 PRIOR COMMITMENT OF EQUIPMENT In the event that a Party's equipment and personnel are already working an emergency located within that Party's respective jurisdictional limits, said equipment and personnel shall not be released 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 vehicles, it is determined that the Responding. Party's equipment and personnel can be released to respond to the Requesting Party's fire, emergency medical, or disaster call. Only that portion of the Responding Party's equipment and personnel as the respective party's senior officer in command shall deem available for release at that time shall be released to respond. ARTICLE 10 COMMUNICATION Recognizing that communication is essential to successfully provide fire protection or emergency medical or disaster related assistance, the Parties agree to provide the necessary radio equipment for their respective personnel and vehicles to access Broward County's Fire Rescue Communications Center. a ARTICLE 11 JUSTIFIED FAILURE TO RESPOND 11.1 The Parties recognize and agree that, if for any reason beyond the control of the Responding Party, the vehicle, personnel, or both, are not available to respond to a fire, medical emergency, or disaster call within the limits of the other party's jurisdictional area, the Responding Party shall not be liable or responsible in any regard whatsoever. Akio 11.2 In accordance with Section 10.1 above, the reasons justifying a failure to respond shall include, but not be limited to, the following: 11.2.1 If, in the opinion of the senior officer in command of the Responding Party's fire protection or emergency medical service at the time of the request for response, the Responding Party would suffer undue jeopardy and be left inadequately protected if the Responding Party responds as requested without Move Up Coverage en route. 11.2.2 The requested vehicle is inoperative. 11.2.3 The requested vehicle is being utilized on a previous emergency call. 11.2.4 A mechanical breakdown of the requested vehicle. ARTICLE 12 INDEMNIFICATION 12.1 The Parties shall each individually defend any action or proceeding brought against their respective agency and shall be individually responsible for all its own costs, attorneys fees, expenses and liabilities 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. 12.2 Each Party shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes of actions arising out of or occurring during travel to or from its own emergency or disaster site or from an emergency or disaster site covered by this Interlocal Agreement. 17 12.3 The Parties 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 any Party pursuant to this Interlocal Agreement. ARTICLE 13 AMENDMENTS 13.1 An amendment to this Interlocal Agreement may be initiated by either the City Managers of each city or the Broward County Administrator. 13.2 The Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 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. 13.3 Approval of such proposed amendments by the legislative bodies shall make such amendments effective as to and shall be binding upon all in this Interlocal Agreement. ARTICLE 14 TERMINATION A Party may terminate its participation in this Interlocal Agreement by giving each of the other Parties ninety days (90) days written notice as provided in Section 16.6 herein. ARTICLE 15 TERM OF AGREEMENT 15.1 The obligation of the Parties to perform under this Interlocal Agreement shall commence upon the date of the last Party executing this Interlocal Agreement. 15.2 The term of this Interlocal Agreement shall be for one (1) year from the commencement date pursuant to Section 15.1 above. Thereafter, this Interlocal Agreement shall automatically renew for additional one (1) year terms unless said term is modified by the Parties or this Interlocal Agreement is terminated by all Parties pursuant to the terms in Articles 15 and 16 respectively. 8 I ARTICLE 16 MISCELLANEOUS 16.1 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 others. 16.2 Entire Agreement 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, 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. 16.3 Records: The Cities agree to permit the County to examine all records and grants the County the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The Cities shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. The County agree to permit the Cities to examine all records and grants the Cities the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The County shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. 16.4 Contract Administrators: The Contract Administrators for this Interlocal Agreement are the Fire Rescue Division Director, or designee, for County and the Fire Chiefs, or designees, for the Cities. In the administration of this Interlocal Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 0 16.5 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 the Cities 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 the Circuit Court of Broward County, Florida, as required by Section 163.0101), Florida Statutes. 16.6 Notices: Whenever any Party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the Party(ies) 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. FOR COUNTY: Director Broward County Fire Rescue Division 2601 West Broward Boulevard Fort Lauderdale, Florida 33311 FOR CITY OF NORTH LAUDERDALE Fire Chief City of North Lauderdale 701 Southwest 71st Avenue North Lauderdale, Florida 33068 FOR CITY OF TAMARAC: Fire Chief City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 16.7 A Com liance -The Parties agree to fully comply with their obligations under Title I and Title II of the Americans With Disabilities Act (ADA) and failure to comply with same shall be cause for immediate termination of this Interlocal Agreement by any of the Parties. 16.8 No Waiver - No waiver of any provision in this Interlocal Agreement shall be effective unless it is in writing, signed by the Party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. No waiver of any provision or any failure to perform any of the terms, covenant, and conditions hereunder shall operate as a waiver of any other prior or subsequent failure to perform any of the terms, covenants, or conditions herein contained. 16.9 Assignment - The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the prior written consent of the other Parties. 16.10 Governing Law and Venue: This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 16.11 Severabili : In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 16.12 Third Pa Beneficiaries: The Parties agree that there are no third party beneficiaries to this Interlocal Agreement and that no third party shall be entitled to assert a claim against any of them based upon this Interlocal Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Interlocal Agreement. 16.13 Performance: The Parties represent that all persons delivering the services required under this Interlocal Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth herein in a skillful and respectable manner. 16.14 Com liance with Laws: The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Interlocal Agreement. 11 16.15 Inde endent Contractors. The Parties agree that each party to this Interlocal Agreement is an independent contractor. Activities undertaken by the Parties pursuant to this Interlocal Agreement shall be subject to the supervision of the respective Party. In providing such services, neither of the Parties, nor their respective agents shall act as officers, employees, or agents of the other Parties. This InterlocalAgreement shall not constitute or make the Parties a partnership or joint venture. 16.16 Priority of Provisions: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attache hereto, any document or events referred to herein, or any document incorporated into this Interlocal Agreement by reference and a term, statement, requirement, or provision of this Interlocal Agreement, the term, statement, requirement, or provision contained in Articles 1 through 16 of this Interlocal Agreement shall prevail and be given effect. 16.17 Multiple_ Originals: This Interlocal Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of the page intentionally left blank.) 12 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 through its Chair or Vice Chair, authorized to execute same by Board action on the day of , 20 , the CITY OF NORTH LAUDERDALE, and the CITY OF TAMARAC signing by and through their respective Mayors, duly authorized to execute same. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS An Chair day of Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attomey Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 PATRICE M. EICHEN Assistant County Attorney 13 INTERLOCAL AGREEMENT AMONG BROWARD COUNTYAND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTIONSERVICESTHROUGH AUTOMATIC AID ATTEST: City Clerk (CORPORATE SEAL) CITY OF NORTH LAUDERDALE 14 By May r- ommissioner day of , 2000. 71774-1 By City MarVager ' day of , 2000. City �.r INTERLOCAL AGREEMENT AMONG BROWARD COUNTYAND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID WITNESSES: r ATTEST: City Clerk (CORPORATE SEAL) CITY OF TAMARAC 15 CITY OF TAMARAC By Mayor -Commissioner 5, day of '2000. B Hager day of 12000. Dili ATTACH MAP OF NORTH LAUDERDALE, TAMARACAND UNINCORPORATEDAREAS 16 a u 113,Alll� EXHIBIT 8 RESPONSE ZONES Response First Secondl Third Fourth Fifth Sixth Seventh Zone Unit Unit Unit Unit Unit Unit Unit on .r m.. . _41ATa .. ..... En ine 41 44 78 34 ,. ,.. 58 18 Aerial 41 20 98 Medical 41 241 44 78 58 1$ 20 vtle 40 T marc Engine 41 78 44 34 58 18 Aerial 41 20 9$ Medical 41 241 78 44 20 58 18 ine:::; .. . .... Engine 41 44 78 34 58 18 Aerial 41 20 98 Medical 41 241 44 78 58 18 20 vne:i a Tamarac En ine 41 78 44 34 58 18 i Aerial 41 20 98 Medical 41 241 78 44 20 58 18 Engine 41 44 78 34 58 18 Aerial 41 20 98 Medical 41 241 44 78 58 18 20 Tamarac f ::...:::::...:... Engine 41 78 44 34 58 18 . Aerial 41 20 9$ Medical 41 241 78 44 20 5$ 18 gone 4 Tamarac Engine 41 44 78 34 58 18 Aerial 41 20 98 Medical 41 241 44 78 58 18 20 ..... . ... .: ..En ine 41 8 44 34 58 18 Aerial 41 20 98 Medical 41 241 78 44 20 5$ 18 one 781 Tamarac En ine 78 34 44 41 58 18 Aerial 41 20, 98 Medical 78 44 41 241 20 58 18 Ii and 78J T�i:narac Engine :.: ..� 78 34 44 41 58 18 Aerial 20 41 98 Medical 78 44 20 41 241 58 18 :Qna. 7 K i` marai .. , En ine 78 34 44.. 41 Aerial 20 41 Medical 20 78 44 41 241 EXHIBIT C AUTOMATIC RESPONSE AREA IN-SERVICE RESOURCES Broward County: ALS Engine Companies: ALS Telesquirt Engine Companies: ALS Rescue/Transports: City of North Lauderdale: ALS Engine Companies: ALS Rescue/Transports: City of Tamarac: ALS Engine Companies: ALS Aerials: ALS Rescue/Transports 20 (1)-E34 (1) - S20 (1) - M20 (1)-E44 (1) - R44 (2) - E41, E78 (1)-L41 (3) - R41, R241, R78 w►►'Q V Transmittal Letter Date: January 30, 2000 To: Jim Budzinski, Fire Chief City of Tamarac 7525 Northwest 88" Avenue Tamarac, Florida 33321 Broward County Commission Department of Safety and Emergency Services 2601 West Broward Boulevard Fort Lauderdale, Florida 33312-1308 (954) 831-8200 Fox (954) 831-8232 From: Roberto Hernandez, Assistant to Director, 321-4592; E-mail: We Transmit: (✓) Herewith ( ) As you requested For Your: ( ) Approval (✓) Files ( ) Correction The Following: ( ) Contracts ! 1 RexmdC ( ) Distribution ( ) Information ( ) Signature ( ) Review & Comment ()Use () (✓) Agreements () Reports ( ) Rxhihits ( 1 Descri 'ou Action Required l Agreement Among BrowardCounty, City of uderdale and City of Tamarac Providing for ive Emergency Medical and Fire Protection rServ�icesthrough Automatic Aid. Comments: We apologize for the delay in returning this agreement back to you. -.T.` rn •o i rn 0 �; , TR 9031 INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID INTERLOCAL AGREEMENT Among BROWARD COUNTY and CITY OF NORTH LAUDERDALE and CITY OF TAMARAC Providing for COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC -AID This is an Interlocal Agreement, made and entered into by and among the City of North Lauderdale, a Florida municipal corporation, the City of Tamarac, a Florida municipal corporation, (hereinafter collectively referred to as the "Cities") and Broward County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "County"), all parties hereinafter collectively referred to as the "Parties;" providing for cooperative emergency medical and fire protection services through Automatic Aid. W ITN ESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Parties believe that because of their shared boundaries and mutual responsibility to provide fire protection and emergency medical services, coordination of such services between the Parties would be appropriate and beneficial to the public; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved fire and medical protection within the service areas of such parties; and WHEREAS, the Parties to this Interlocal Agreement have entered into previous agreements for mutual and automatic aid for the purpose of providing fire protection and emergency medical services; and WHEREAS, it is therefore deemed in the best interests of the Parties and for the public's health, safety and welfare that the Parties enter into this Interlocal Agreement for the purpose of providing cooperative fire protection and emergency medical services through Automatic Aid; NOW, THEREFORE, In Consideration of the mutual covenants and promises set forth herein, the Parties agree as follows: ARTICLE 1 BACKGROUND PURPOSE AND INTENT 1.1 It is the purpose and intent of this Interlocal Agreement for the Parties, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.2 The respective elected bodies of the Parties find that mutual cooperation in the delivery of emergency medical and fire protection services can best be accomplished within a cooperative, interlocal configuration. To further that cause, the Parties willingly enter into this Interlocal Agreement which extends beyond the concept of mutual aid to the concept of automatic aid for fire protection and emergency medical services. 1.3 The Parties agree to act jointly rather than separately with regard to the provision of fire protection and emergency medical services. 1.4 Effective upon the date of execution by the last of the signatories to this Interlocal Agreement, this Interlocal Agreement shall supersede all previous agreements between the Parties regarding mutual aid or automatic response. N 1.5 It is mutually understood and agreed that this Interlocal Agreement does not relieve any party hereto from the necessity and obligation of furnishing adequate fire protection and emergency medical services within their own jurisdictional boundaries. ARTICLE 2 DEFINITIONS AND IDENTIFICATIONS 2.1 Interlocal Agreement- means this document, Article 1 though 16, inclusive. Other terms and conditions are included in the exhibits and documents that are expressly incorporated by reference. 2.2 Coverage - means the provision of fire protection and/or emergency medical services, if needed, to another jurisdiction or geographic area which does not require the relocation or movement of apparatus and personnel. 2.3 Responding Party - means the agency which is providing assistance to another agency which has declared an emergency incident. 2.4 Requesting Party - means the agency which is requesting assistance from an outside agency to assist in mitigating an emergency incident. ARTICLE 3 AUTOMATIC RESPONSE AREA 3.1 Each Party'sALS rescue/transport units, fire suppression apparatus, and personnel shall provide automatic fire, rescue, emergency and disaster response within the areas described in Exhibit "A." 3.2 The Parties agree to implement station response areas using the closest unit response concept. The closest available apparatus shall respond to a request for assistance regardless of whether the location of the fire or medical emergency is within the jurisdiction which operates the apparatus. Response patterns shall be established regardless of the jurisdictional boundary lines for the City of North Lauderdale, City of Tamarac and unincorporated Broward County. 3 ARTICLE 4 COMPENSATION 4.1 This Interlocal Agreement is an equitable exchange of services that shall not require monetary compensation from the Parties. All other intergovernmental agreements relating to payments for fire protection and emergency medical services remain in effect. 4.2 Each Party to this Interlocal Agreement shall remain responsible for the wages or salaries, the cost of workers' compensation and other insurance premiums and benefits, and retirement and other job benefits now provided for any of its employees who are assigned work under this Interlocal Agreement. 4.3 Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party requesting assistance. 4.4 The Parties agree that the Responding Party may invoice, collect, and retain fees from those persons receiving ALS/BLS transport services or hazardous materials mitigation. 4.5 The Party furnishing any equipment pursuant to this Interlocal Agreement shall bear the loss or damage to such equipment and shall pay any expenses incurred in the operation and maintenance thereof. Each Party shall be responsible for compensation and benefits of its employees and not of any other Party's employees. ARTICLE 5 RESPONSE COMMITMENT 5.1 Throughout the term of this Interlocal Agreement, the City of North Lauderdale shall provide to Broward County and the City of Tamarac fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.2 Throughout the term of this Interlocal Agreement, the City of Tamarac shall provide to Broward County, and the City of North Lauderdale fire protection and emergency medical services into the areas as set forth in Exhibit "B." 5.3 Throughout the term of this Interlocal Agreement, Broward County shall provide to the City of North Lauderdale, and the City of Tamarac fire protection, emergency medical services, hazardous materials emergency response services, air rescue services, and technical rescue services into the areas as set forth in Exhibit "B." 4 5.4 The Parties shall, as soon as practical, by their Fire Chiefs, develop policies, procedures, rules and regulations to carry out the Parties' intent in the coordination of functions and services described herein. 5.6 The Parties shall jointly establish minimum service criteria and staffing for fire protection and emergency medical services in the areas described in Exhibit "A." 5.7 Each Party agrees not to reduce the level of fire protection or emergency medical services without notice to each party of this Interlocal Agreement. 5.8 Each Party shall be responsible for the normal maintenance and repair of its facilities and equipment. 5.9 The Primary Response Zones reflected in Exhibit "A" of this Interlocal Agreement may be amended during the term of this Interlocal Agreement by mutual agreement in writing by the respective Fire Chiefs for purposes of improving response times and otherwise increasing the efficiency of services provided pursuant to this Interlocal Agreement. ARTICLE 6 RESPONSE UNIT Each Party agrees to keep fire protection and emergency medical transport vehicles in service, equipped and adequately staffed with certified personnel for the purpose of fire protection and emergency medical services within the Automatic Response Area. A description of each response vehicle type is attached hereto and made a part hereof as Exhibit "C." ARTICLE 7 CONTROL OF FIRE RESCUE EMERGENCY OR DISASTER SCENE The senior chief officer of the jurisdiction in which the emergency scene is located shall be in command of the incident. "Command" means the person is responsible for the tactical coordination of all personnel and equipment then in use to control the emergency. 5 ARTICLE 8 PRIORITY FOR SIMULTANEOUS CALLS In the event of simultaneous or nearly simultaneous fire, rescue, emergency, or disaster calls relating to emergencies located within the Mutual Response Area's boundaries, the call relating to the emergency located within the boundaries of each respective agency shall take priority over the call from the other party. The inability to complete the assignment will be relayed to the County's Fire Rescue Dispatcher who will in turn notify the appropriate responsible agency and a replacement unit(s) will be dispatched. ARTICLE 9 PRIOR COMMITMENT OF EQUIPMENT In the event that a Party's equipment and personnel are already working an emergency located within that Party's respective jurisdictional limits, said equipment and personnel shall not be released 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 vehicles, it is determined that the Responding Party's equipment and personnel can be released to respond to the Requesting Party's fire, emergency medical, or disaster call. Only that portion of the Responding Party's equipment and personnel as the respective party's senior officer in command shall deem available for release at that time shall be released to respond. ARTICLE_ 10 COMMUNICATION Recognizing that communication is essential to successfully provide fire protection or emergency medical or disaster related assistance, the Parties agree to provide the necessary radio equipment for their respective personnel and vehicles to access Broward County's Fire Rescue Communications Center. C� ARTICLE 11 JUSTIFIED FAILURE TO RESPOND 11.1 The Parties recognize and agree that, if for any reason beyond the control of the Responding Party, the vehicle, personnel, or both, are not available to respond to a fire, medical emergency, or disaster call within the limits of the other party's jurisdictional area, the Responding Party shall not be liable or responsible in any regard whatsoever. 11.2 In accordance with Section 10.1 above, the reasons justifying a failure to respond shall include, but not be limited to, the following: 11.2.1 If, in the opinion of the senior officer in command of the Responding Party's fire protection or emergency medical service at the time of the request for response, the Responding Party would suffer undue jeopardy and be left inadequately protected if the Responding Party responds as requested without Move Up Coverage en route. 11.2.2 The requested vehicle is inoperative. 11.2.3 The requested vehicle is being utilized on a previous emergency call. 11.2.4 A mechanical breakdown of the requested vehicle. ARTICLE 12 INDEMNIFICATION 12.1 The Parties shall each individually defend any action or proceeding brought against their respective agency and shall be individually responsible for all its own costs, attorneys fees, expenses and liabilities 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. 12.2 Each Party shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes of actions arising out of or occurring during travel to or from its own emergency or disaster site or from an emergency or disaster site covered by this Interlocal Agreement. iN 12.3 The Parties 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 any Party pursuant to this Interlocal Agreement. ARTICLE 13 AMENDMENTS 13.1 An amendment to this Interlocal Agreement may be initiated by either the City Managers of each city or the Broward County Administrator. 13.2 The Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 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. 13.3 Approval of such proposed amendments by the legislative bodies shall make such amendments effective as to and shall be binding upon all in this Interlocal Agreement. ARTICLE 14 TERMINATION A Party may terminate its participation in this Interlocal Agreement by giving each of the other Parties ninety days (90) days written notice as provided in Section 16.6 herein. ARTICLE 15 TERM__OF AGREEMENT 15.1 The obligation of the Parties to perform under this Interlocal Agreement shall commence upon the date of the last Party executing this Interlocal Agreement. 15.2 The term of this Interlocal Agreement shall be for one (1) year from the commencement date pursuant to Section 15.1 above. Thereafter, this Interlocal Agreement shall automatically renew for additional one (1) year terms unless said term is modified by the Parties or this Interlocal Agreement is terminated by all Parties pursuant to the terms in Articles 15 and 16 respectively. 8 ARTICLE 16 MISCELLANEOUS 16.1 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 others. 16.2 EntiLe-Agreement 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, 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. 16.3 R., ecords: The Cities agree to permit the County to examine all records and grants the County the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The Cities shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. The County agree to permit the Cities to examine all records and grants the Cities the right to audit any books, documents, and papers that were generated during the course of administration of this Interlocal Agreement. The County shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. 16A Contract Administrators: The Contract Administrators for this Interlocal Agreement are the Fire Rescue Division Director, or designee, for County and the Fire Chiefs, or designees, for the Cities. In the administration of this Interlocal Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 01� 16.5 Recordation/Filin : 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 the Cities 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 the Circuit Court of Broward County, Florida, as required by Section 163.01(11), Florida Statutes. 16.6 Notices: Whenever any Party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the Party(ies) 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. FOR COUNTY: Director Broward County Fire Rescue Division 2601 West Broward Boulevard Fort Lauderdale, Florida 33311 FOR CITY OF NORTH LAUDERDALE Fire Chief City of North Lauderdale 701 Southwest 71st Avenue North Lauderdale, Florida 33068 FOR CITY OF TAMARAC: Fire Chief City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 16.7 ADA ComQliance - The Parties agree to fully comply with their obligations under Title I and Title II of the Americans With Disabilities Act (ADA) and failure to comply with same shall be cause for immediate termination of this Interlocal Agreement by any of the Parties. 16.8 No Waiver - No waiver of any provision in this Interlocal Agreement shall be effective unless it is in writing, signed by the Party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. No waiver of any provision or any failure to perform any of the terms, covenant, and conditions hereunder shall operate as a waiver of any other prior or subsequent failure to perform any of the terms, covenants, or conditions herein contained. 16.9 Assignment - The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the prior written consent of the other Parties. 16.10 Governing Law and Venue: This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida without regard to its conflict of laws provisions. Any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida. 16.11 Sev rabili : In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 16.12 Third Pady Beneficiaries: The Parties agree that there are no third party beneficiaries to this Interlocal Agreement and that no third party shall be entitled to assert a claim against any of them based upon this Interlocal Agreement. The Parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Interlocal Agreement. 16.13 Performance: The Parties represent that all persons delivering the services required under this Interlocal Agreement have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth herein in a skillful and respectable manner. 16.14 Compliance with Laws: The Parties shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Interlocal Agreement. it 16.15 Independent Contractors. The Parties agree that each party to this Interlocal Agreement is an independent contractor. Activities undertaken by the Parties pursuant to this Interlocal Agreement shall be subject to the supervision of the respective Party. In providing such services, neither of the Parties, nor their respective agents shall act as officers, employees, or agents of the other Parties. This InterlocalAgreement shall not constitute or make the Parties a partnership or joint venture. 16.16 Priorily of Provisions: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attache hereto, any document or events referred to herein, or any document incorporated into this Interlocal Agreement by reference and a term, statement, requirement, or provision of this Interlocal Agreement, the term, statement, requirement, or provision contained in Articles 1 through 16 of this Interlocal Agreement shall prevail and be given effect. 16.17 Multiple Originals: This Interlocal Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (The remainder of the page intentionally left blank.) 12 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 through its Chair or ice Chair, a�lqorized to execute same by Board action on the 2 day of 20�_, the CITY OF NORTH LAUDERDALE, and the CITY OFOTAMARAC signing by and through their respective Mayors, duly authorized to execute same. ATTEST: / - , -'K1 "�;7 County Administr or and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Cr, co COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By Cha 39tvay of 9 20A a&46-07 Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telec i r: (954) 357-7641 By ` ATRICE M. EICHEN Assistant County Attorney 13 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICESTHROUGH AUTOMATIC AID WITNESSES: 00 ATTEST: City Clerk, CITY OF NORTH LAUDERDALE By _.& Lnl May r-Commission r day of , 2000. By City Manager day of � , 2000. (CORPORATE SEAL) APPROVED AS TO FORM: By vz -7 z7✓. Gify Attorney 14 INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE CITY OF NORTH LAUDERDALE AND THE CITY OF TAMARAC PROVIDING FOR COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES THROUGH AUTOMATIC AID WITNESSES: ATTEST: (CORPORATE SEAL) CITY OF TAMARAC 15 CITY OF TAMARAC By Mayor -Commissioner day of 12000. R By— (WMa4kger day of .2000. D AS TO FORM: Attomey ATTACH MAP OFNORTH LAUDERDALE, TAMARACAND UN/NCORPORATEDAREAS 16 W W co 9 I rim pn 9 6 k 5`h T7. 1' iy h1� a�'^ !;. 4�L' •�' �,. 't- �I, r9t �. r tir �*4 yr* v e oil Yu •• , fir. gip.= ■ r -- 83 88 ° rn EXHIBIT B RESPONSE ZONES Second Unit Third l Unit Fourt Unit .. .... 'N" .. " .......... --- .. ... 44 78 34 20 98 241 E44 78 ............ ........... ... . ... ...... . ... ... 77M .... ................. .............. 11 ...... 78 44 34 20 98 241 78 44 44 ---------------------------- '...A 78 ------------------- "g- 34 20 98 241 44 78 .. ......... 78 44 34 20 98 241 78 44 44 78 34 20 98 241 44 78 78 44 34 20 98 241 78 44 44 78 34 20 08 241 44 78 3, 78 44 34 20 98 241 78 44 ..... ....... .. ... - - - - ---- ---- --- - -- :. ...- . .. ........ .. ........... . ................. 3 4 4 4 20 98 44 41 241 . . .... ...... ...... 34 44 41' 41 98 44 20 41 ..... . ........ ...... . ..... ...... ..... .. 34 44 41 41 78 44 41 Unit 241 Unit Unit 20 ff-.*, Kil 18 20 18 20 111:3 iV] IN qq�ry J}; y :•F#'i"?=::;?•:: f .. }..... )..?.::.3 , s :...Affis'3<zs{fix;{..::.}.0?;.:,}•}•�?:?,ts,,,,{...::....: .: ... .:. .tiL l.�eTA; Irithf:;a.LicEi.a�.e ?F;?:]Y.#.:{Y::?:;.:FR}f}...a';{?{.;.;:F<?SfS}:Y:F:::',.#:f5..:...::,,,•,•}:)`:.:..}{:>t}:k;,::.: {...{...:......:.: ...<.. Engine 34 44 78 18 41 58 Aerial 20 98 41 Medical 44 78 20 18 41 241 derctaW .......... Fi........::.?]]:::... ..:.:.:::.:..::.41 >, ,.; .................. .. ],?,c,:y,Yt{Y,.},i#:::.:`.:`:a,;gfki ^'>Ipiilly `` [:..:,x....... •......... •n•. .:.:::.:...58....:,:,;:..,::,,:..,.,;,}:.:.., Engine 44 34 78 18 Aerial 41 20 98 Medical 44 41 n. F##`•.i N.,t,<,:?..: 241 N -ro• ` F: `FS' $iSh•': 78 -=:: i`:'!t; ..: 58 �: :##�t#»_:sf::::...yyy ];W }. :$"$•: {..y.:. 20 -.8;:,.F$$`F�^'-,vF::"$s..•::.Y:..,:,'::.:-::::.,. 18 :: y'}.'' <ssA?:> n;Fr• Engine 34 44 78 18 41 58 Aerial 20 98 .41 Medical 44 78 20 18 41 241 air[e>44I�= cii..OWN F' 0 - - - - - - Engine 44 34 41 78 58 18 Aerial 41 20 98 Medical 44 41 241 78 58 18 20 /� /�► r�� n• :.t t t } .... Engine 34 44 78 18 41 58 Aerial 20 41 98 Medical 44 20 78 18 41 241 58 ry}'F:?}F$o-:s:i'::$::'FF$$fi:,S:::$$sF$)o-i r. • :un F::F;:o'r': .: . En ine 34 78 44 18 41 58 Aerial 20 41 98 Medical 78 20 44 18 41 241 58 W-14..#.., <: c�vvar+�'�+auri�:{`:,:..,.,{{.:>Y`:,..:.:{::YYy:..ki .:,k...,Y:,.:{,.,,. Y:•:f'%'#•. . #. , :Y„.,,,,,,. q:.. Y::;:,::>t:Yk::c:;:Y:i>:i,:,._. ;�i#. ,..k:k:f>±i#i:##+.:ih:is:cy{p:r::::<:•:;{•::-.F:S`S«. •.:x.y.Y.. .s....Y}.>]><:fY-... .., ..... ...: ,: ... ........... Engine 34 44 78 18 41 58 Aerial 20 41 98 Medical 20 44 78 18 41 241 58 ■Y;({�{�Y+t �W♦ ...�:4)�S�:�S:.T4R•��F .k .,t tt„ . }... , LrY }`�5■I YF1�.Jr� .?.::... • .S?S: F_:-p�Si::::.F. .2� .{}.. } a},#: #` } :3� f.., 3$.y,.:.:.-::.:..:.:. . }i :-+`$F.. c ?5�......i..:: }.. , ., 2"t � . t.t..t. 2 } }....}........_... .•t.? ..?.:..::::..:.:: FS:S:":SSS`... . ?.'t:: 't'}7'#i? 2 . . •�;,2}}'t�;]]:. - #-'.�:;:;};r?'`5: yi;;,, . ] . "Y: ;.:.: }: t.:.:. •;::...._. � •� `:{,. .: �$. }.Y3i :: /,: y:Y.... Engine 34 78 44 41 Aerial 20 41 98 Medical 78 20 44 41 241 18 58 ..]{]•Y:•: 2 # t :f?�:,y?i i"i^is :`#t •]•f',•Y::. tf#"` ..{. ..t.: fafff::'f'f----- Engine 34 78 44 41 Aerial 20 41 98 Medical 78 20 44 41 241 18 58 JrA ........... .......... Engine 34 78 44 41 Aerial 20 41 98 Medical 78 20 44 41 241 18 58 Br�wair. ............ :.,..:....,.,.: ..... ,..,,................:.,,...,,,... «,,,. . Engine 34 78 44 41 Aerial 20 41 Medical 20 78 44 41 18 58 :}}?i):ii:iiiii:i5::;i>i:?i>i:$5si5i:5$:S:i:.::?i::.iii'iii:ii:iii:?'ii::::.i:'::!i:.::.:::::.', :. .. ... . rowan. .. o .::..::..........,.:::::: - Engine 78 34 Aerial 50 20 98 Medical 78 50 20 44 51 EXHIBIT C AUTOMATIC RESPONSE AREA IN-SERVICE RESOURCES Broward County: ALS Engine Companies: (1) - E34 ALS Telesquirt Engine Companies: (1) - S20 ALS Rescue/Transports: (1) - M20 City of North Lauderdale: ALS Engine Companies: (1) - E44 ALS Rescue/Transports: (1) - R44 City of Tamarac: ALS Engine Companies: (2) - E41, ALS Aerials: (1) - L41 ALS Rescue/Transports (3) - R41, 20 E78 R241, R78.