HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-174.
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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
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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
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EXHIBIT B
RESPONSE ZONES
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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.