HomeMy WebLinkAboutCity of Tamarac Resolution R-82-266Introduced by�
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R --j z7W/
A RESOLUTION AUTHORIZING EXECUTION OF A MUTUAL
FIRE AID INTERLOCAL AGREEMENT WITH THE CITY OF
NORTH LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are hereby
authorized to execute a Mutual Fire Aid Interlocal Agreement with the City of North
Lauderdale for firefighting assistance, a copy of said Agreement being attached
hereto as Exhibit "A".
SECTION 2: This Resolution shall become effective iTmnediately
upon its adoption.
PASSED, ADOPTED AND APPROVED this day of , 1982.
ATTEST:
L ?z:: ! � -, � e-- �-� � � ,
AS'SISTANT CITY CLERK
I HEREBY CERTIFY at I have
approved the fo d correctness
of thi�eso4ti� . c
MA
R
MAYOR:
QISTRICT
(ASTRICT
DISTRICT
DISTRICT
RECORD OF COUNCIL VOTE
I
it
IL
RESOLUTION NO. S-�-- G- 1 0 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING THE
CITY MANAGER OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED INTERLOCAL
MUTUAL AID AGREEMENT BY AND BETWEEN THE CITY OF
NORTH LAUDERDALE AND THE CITY OF TAMARAC, RELATING
TO PROVIDING MUTUAL FIRE AID BETWEEN SAID CITIES
OF NORTH LAUDERDALE AND TAMARAC; AUTHORIZING THE
CITY YANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIN RESOLUTION; AND, PROVIDING
AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH
LAUDERDALE, FLORIDA:
Section 1. That the City Manager of the City of North Lauderdale,
Florida, be and the same is hereby authorized, on
behalf of the City of North Lauderdale, to execute and otherwise
enter into the Interlocal Mutual Aid Agreement by and between
the City of North Lauderdale*and the City of Tamarac, attached
hereto and incorporated herein as specifically as if set forth
at length hereat, relating to providing mutual fire aid between
said cities of North Lauderdale and Tamarac.
Section 2. That the City Manager of the City of North
Lauderdale be and the same is hereby authorized
to do all things necessary and expedient in order to effectuate
the execution of the Agreement, described in Section 1 above,
this Resolution,and said Agreement.
and to carry out the aims of
Section 3.
This Resolution shall take effect immediately upon
adoption.
PASSED and ADOPTED by the City Council of the City of *forth
Lauderdale, Florida, this 10 +R day'of Th e, 1932
ATTEST:
Linda Higgin
Deputy City 1 rk
EMS/ld/6/7/82
Mayor -Samuel Miller
�-� - y o r 3er Alex .?Trowicz
State of Florida
Ccunty of f rov.ard
Ci,y of Lau�-jarJa:e
P-El"17. Y CE_RT;FY that thi<; i; ? true and correct
V.';Ine•s>> n;Y hnn;, ana thy. Gfficiul Sc<l ct
tr.e City 0 AN'ortil L:.u�•;:c; l�> ;�ii3_,��-/
d -y of t'_ 19 B
---- - eel
cq C!�r{
Motion To Seconded Vote
Pass b Ado2t By Yes/No
Samuel Miller
Jerry Alexandrowicz
Carl Fusco
John Hart
Lenny Kimmel
t
i
MUTUAL FIRE AID INTERLOCAL AGREEMENT
TABLE OF CONTENTS
PACE
Paragraph #1
AUTHORITY; GENERAL RESPONSIBILITIES;
CONDITIONS PRECEDENT .................................................. 2
Paragraph #2
ROLLING EQUIPMENT AND ACCESSORIES.. ................................... 3
Paragraph /3
ROLLING EQUIPMENT AND ACCESSORIES ..................................... 3
Paragraph #4
NEW EQUIPMENT ACQUISITION............................................. 3
Paragraph f5
GLANCE IN OR DELETION OF EQUIPMENT .................................... 3
Paragraph /6
!TANNING OF EQUIPMENI.................................................. 4
Paragraph f7
RESPONDING PARTY; DEFINITIONS.. ....................................... 4
Paragraph !8
RESPONSE TO CALL ...................................................... 4
Paragraph #9
OFFICIALREQUEST.. .................................................... 4
Paragraph #10
REQUEST FOR ASSISTANCE; Its'OR14ATION.............. ..................... 4
Paragraph ! 11
JUSTIFIEDFAILURE TO RESPO.D........... 0................ .............. S
Paragraph 412
INDEMNITY FOR RESPONI)I'NG PARTY'S
FAILURE TO RESPOND .................................................... 5
Paragraph #13
INDEMNITY FOR RESPONDING PARTY'S
RESPONSE.............................................................. S
Paragraph 114
CONTROL OF FIRE SCENE............. .................................... 6
Paragraph #15
COSTS; INSURANCE COVERAGE................ ............................. 6
Paragraph I16
VOIDANCE OF IDEKNITY.................
Paragraph 117
RIGHTS LIMITED TO REQUESTING PARTY CITY........... .........,..•......• 7
Paragraph •18
PRIORITY WITH SIMULTANEOUS CALLS ...................................... 7
Paragraph #19
YRIURCGriNITr1iN: OF bQUIMNI...... .... ........... .................... 7
Paragraph #20
PRIORITY FOR SUBSEQULNT CALLS ......................................... 7
Paragraph #21
EFFECTIVEDATE ........................................................ 8
a
Paragraph f22
TEKMlMTION........................................................... 8
MUTUAL FIRE AID INnRLOCAL AGREEMENT
THIS INTERLOCAL ACREMENT for mutual fire aid is made and entered into in
Broward County, Florida, as of the day of
1961, pursuant to the general and specific provisions of Article VIII, Section 2(b)
of the Constitution of the State of Florida, Section 163.01, Florida Statutes
(1977), the "Florida Interlocal Cooperation Act of 1969". Chapter 166, Florida
Statutes (1977), :ha "Pivaicipal Home Rule Powers Act". and other applicable provi-
sions of state and Local Law, by and between the City of Tamarac
a municipal Corporation of the State of Florida , hereinafte:
referred to as Tamarac by authority of
Resolution No. of the governing body of said City
and the City of Nortli Lauderdale
a Florida Municipal Corporation hereinafter referred to as
North Lauderdale by authority of Resolution
No. £c)- (o- 103Cj , of the governing body of said City
WHEREAS, it is the design, purpose and intention of the parties hereto to
permit said parties, individually and collectively, to make the most efficient use
of their respective powers, resources and capabilities by cooperating in the use of
their respective powers, resources and capabilities in regard to fire aid functions
and, on a basis of aa,tual advantage, to provide services and facilities in a manner
that will accord best with the geographic, economic, demographic and other factors
influencing their respective needs and the development of their respective and
joint communities, and
WHEREAS, each City being a party hereto maintains a Fire
Department with firefighting equipment and firefighting and administrative person-
nel, and
WHEREAS, at times of emergency or disaster, one or the other of the
parties hereto may have firefighting, emergency or disaster related demands Cade
upon its equipment or personnel, or both, greater than the capacity of the equip-
ment of personnel available within its own department, or both, and
WHEREAS, during those firefighting, emergency or disaster events which
cause demands greater than the capacity of the equipment, or personnel resources
available to one or the other party hereto, it would be advantageous to the dis-
tressed or extended party to have available to it the equipment or personnel, or
both, of the other party for backup purposes. direct active firefighting, and
emergency or disaster aid and assistance, and
WHEREAS. the parties hereto acknowledge that said firefighting, emergency
and/or disaster events occur without prior warning, without a set pattern or
frequency and without regard to life. limb or property, and
WHEREAS, the parties hereto further recognise that there is a great mutual
advantage in providing prior to any firefighting or disaster, emergency for mutual
aid for mutual backup and for eooperstive use of the resources available as between
the effected parties, in order that lives and property be spared. and
'4d
WHEREAS, acid mutual aid. backup and cooperative use of resources benefits
all directly or indirectly concerned.
IiOW. THEREFORi, in consideration of the premises and mutual covenants and
promises contained hereinbelow, and other good and valuable consideration, the
receipt of utich and the adequacy of which is mutually acknowledged, with all
parties accordingly waiving any challenge to the sufficiency of the consideration
heretofore, it is mutually covenanted, promised and agreed by the parties hereto as
follows: -
1. AUTHORITY• CENERAL RESPONSIBILITIES• COKDmon PRECEDENT: This
Interlocal Agreement is entered into pursuant to the provisions of Section 163.01.
Florida Statutes (1977). commonly known as the "Florida Interlocal Cooperation Act
of 1969". and all applicable provisions of said act are made a part hereof and
incorporated herein as specifically as if set forth at length herein.
In order to comply with the said Florida Interlocal Cooperation Act of
1969, the following provisions are material terms of this Interlocal Agreement:
(a) All of the privileges and immunities from liability exemp-
tions from laws, ordinances and rules, and all pensions and relief, disability,
workmen& compensation and other benefits which apply to the activity of officers,
agents or employees of the parties hereto when performing their respective func-
tions within their respective territorial limits for their respective cities
, shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents or employees
extraterritorially under the provisions of this Interlocal Agreement-
(b) This Interlocal Agreement doss not and shall not be deemed
to relieve either or both of the parties hereto of any of their respective obliga-
tions or responsibilities imposed upon them. respectively, by law. except to the
extent -of the actual and timely performance of those said obligations or responsi-
bilities, by one or both of the parties to this Agreement. in which case performance
provided hereunder may be offered in satisfactions of the said respective obligation
o: responsibility.
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(c) 7bis Agreement shall, as a condition precedent to its entry
into full force and effect, be su:mitted to the Department of Legal Affairs of the
State of Florida.
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(d) As a condition precedent to its effectiveness, this Inter -
local Agreement (and any subsequent amendments hereto) shall be filed with the
Clerk of the Circuit Court of Froward County.
UIPKEN'T AND ACCESSORIES:
2. ROLLING E
It is agreed that at the time of the execution hereof
Tamarac
has the below listed pieces of rolling equipment (apparatus) in good working order
that will be and is suhjecx to ttiis Agreement, and only the equipment listed, as
applicable under the further provisions of this Agreement, shall be subject to this
Agreement. In addition to Ithe specifically described major pieces of rolling
equipment below listedt said equipment shall be deemed to include all normal appli-
aatea. accessories and portable equipment associated therewith and normally con-
tained thereon as required by N.F.P.A.. PamFhlet 1901, latest edition.
3. ROLLING EQUIYriENT AND ACCESSORIES:
It is agreed that at the time of the execution hereof
North Lauderdale
has the below listed pieces of rolling equipment (apparatus) in good working order
tbst will be and is subject to this agreement and only the equipment lined as
applicable under the further provisions of this Agreement, shall be subject to this
Agreement. In addition to the specifically described major pieces of roll r>g
equipment below listed, said equipment shall be deemed to include all normal appli-
ances, accessories and portable equipment associated therewith and normally cor►-
tained thereon as required by N.F.P.A. pamphlet 1901, latest edition.
4. NEW EQ'JIPHEN-T ACQUISITION: The parties hereto mutually agree that
upon the acquisition of new rolling equipment (apparatus), said equipment, upon
going "on-line" without restriction in active use, shall, without formal amendment
hereto. be deemed included in the foregoing listing of pieces of rolling equipment
(apparatus) of the respective party(s) *hereto, and said equipment shall be subject
to this Agreement. The acquiring party o: ' said equipment shall notify the other
party hereto, in writing, of the acquisition of said equipment as soon as said
equipment goes into "on-line" service.
S. CHANGE IN OR DE:.ETION OF E UIPMEh'7: Nothing herein contained shall in
any way prohibit, restrain or impede either party from the free disposal or' modifi-
cation of any of its respective rolling equipment; nor shall the provisions of this
Agreement prohibit. restrict or impede eiti.er party from temporarily taking all or
line" out of service for the purpose of main -
part of its respective equipment "off- tenance or repair of the same. However. should one party actually'oz effectively
(50%) or ante of its respective equipment then, at the
Adispose of fifty percent
option of the other party hereto, this Agreement may be immediately and permanently
* terminated or conditionally terminated subject to the condition that the non -term-
inating party against bringing its "on -lice", active equipment up to a level to be
specified in the notice of conditional termination. Each termination, whether
permanent or conditional, shall be in writing and shall not take effect until the
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same• is served upon the City Clerk or Chief Administrative Officer of the affected
party.
6. !MANNING OF EQUIPMENT: All responding vehicles &hall be reasonably
Reasonable
panned by the party responding to the aid request of the other party.
scanning shall include a minimum of three (3) firefighters for first engines due and r,
shall
two (2) men per ladder or engine thereafter. Each responding firefighher Publicbe �,41
a Florida State Certified Firefighter sv; approved by Safety Direc or
- fire chiefs of the parties hereto. It is, however. understood that if such manning W�
or additional personnel are indeed on duty, called for duty or otherwise reasonably
available for the firefighting disaster or emergency duty in question, then said
personnel shall be provided for this purpose within the reasonable and sound limits
of good and acceptable Fire Department administrative practice and procedure, and
subject to the sound and prudent judgment and discretion of the administrative
officer in charge at or for the responding Tire Department (responding party here-
to) at .the time that the request for aid and assistance is made, and/or at the time
that follow-up or additional requests for aid and assistance are made by the
requesting party (requesting Fire Department).
7. RESPONDING PARTY; DEFI_NITION: For the purpose of this Interlocal
Agreement, the term "responding party" shall mean the party hereto which shall
furnish or be requested to furnish equipment and/or personnel, i.e.; "mutual aid"
in response to the request actual or implied of the other party hereto, which other
party shall, for the purpose of this' Interlocal Agreement, be known herein as the
is"requesting party".
S. RESPONSE TO CALL: The parties hereto, each as to the other, mutually
agree to respond to ttie mutual aid/fire emergency or disaster calls or requests of
the other with their respective equipment (and associated personnel) being herein -
above described, as requested by the requesting party, subject to the terms, condi-
tions and understandings contained in this Agreement.
9. OFFICIAL REQUEST: The following officials of the requesting party are
authorized to request mutual aid/fire emergency or disaster aid and assistance from
the responding party pursuant to this Agreement.
(a) Fire Chief / Fire Services Division Commander
(b) Senior Officer in Charge/Command
(c) Public Safety Director
\ 10. REQUEST FOR ASSISTANCE; INFORMATION: The officer as- described in
Paragraph 9 above requesting mutual aid/fire emergency or disaster aid and assist-
ance shall give the following information at the time that the request for such aid
and assistance is made:
(a) The general nature and type of emergency.
(b) The location of the emergency.
(c) The life and/or property hazard involved and the type
of equipment requested.
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11. JUSTIFIED FAILURE TO RESPOND: The parties hereto recognize and agree
that if for any reason beyond the control of the -responding party the above -cited
equipment (apparatus) is not available to respond to a mutual aid/fire emergency or
diss ter call within the 'unicipal limits of the requesting party, the responding
pa•ty shall not be liable or responsible in nay regard whatsoever for the respond-
i .g party's failure to respond to such call snd the responding party does not
Hereby assume such liability or responsibility. The reasons for failure to respond
shall include, without limitation:
(a) In the opinion of the Senior Officer in co=23 nd of the
responding party's Fire Department at the time .of the request for mutual aid, the
responding party would suffer tindue jeopardy and be left inadequately protected it
the responding party would respond as requested;
(b) The requested equipment is inoperative as a result of
damage caused to it;
(c) The requested equipment is being utilized due to a previous
emergency call;
(d) The requested equipment is already being actively used for
the responding party's purposes;
(e) !mechanical breakdown or inoperability of the requested
equipment; or
(f) The inability to adequately man the equipment or to meet
the minimum standards set forth at Paragraph 6 bereof.
12. INDEMNITY FOR RESPONDING PARTY'S FAILURE TO RESPOND: The requesting
Party agrees to indemnify and save and hold harmless the responding party from and
against any judgment, order, claims, suits, action, loss, damage and/or injury to
which the responding party may be subjected as a result of the failure or alleged
failure of the responding party to respond to a mutual aid/fire emergency or
disaster call as contemplated herein. It is agreed that this indemnification shall
be deemed to include any and all expenses, liabilities, investigative expenses,
expert fees and other costs, including reasonable attorney's fees, which the
responding party may incur as the result of a lawsuit being filed against said
responding party, including all costs associated with appeals, including profes-
sional fees, or as the result of any other claim or action being made or taken
against the responding party resulting in loss, damage or injury or costs being
incurred by the responding party as the result of .the alleged failure of the
responding party to respond to a mutual aid/fire emergency or disaster call, as
aforesaid. _
13. INDEMNITY FOR RESPONDING PARTY'S RESPONSE: Except as otherwise
herein
provided
the
requesting party agrees to indemnify and save the responding
party
harmless
from
and against any and all claims, suits, actions, damages and
Causes
of action for
sm y bodily injury, loss of life, damage to property or other-
wise,
sustained
by
the responding party's response or attempt to respond to the
request
of the
requesting party or as the result of any action taken by the
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responding party at the emergency site of the requesting party, and the requesting
party shall specifically defend any action or proceeding brought against the
responding party as the result of any such claims for bodily injury, loss of life,
property damage or otherwise, and the requesting party shall indemnify and save the
responding party harmless from and against all coats, reasonable attorney's fees,
expert fees, expenses and liabilities incurred in or about any such claims, the
investigation thereof or the defense of any action or proceeding brought thereon,
and from and against soy orders, judgment$ or decrees which may be entered therein,
including all costs incurred in prosecuting or defending against appeals therefrom
or thereon. PRDVIDED. HOWEVER, .that the requesting party shall be entitled to
recover from the responding party any and all losses suffered or monies paid in
connection therewith upon a proponderance of proof that such losses, claims or
costs were incurred as a result of a negligent omission or commission in connection
with any undertaking contemplated herein or accomplished in connection herevith.
14. CONTROL Of FIRE SCENE: Once the responding party reaches the
requesting patty's emergency or disaster site. the requesting party's on -site
Senior Officer in command will direct in general the activities and deploy person-
nel and equipment in the area where the emergency exists. Control of each respec-
tive party's personnel shall remain with each respective party as to its personnel
and as to the rendition of service. standards of performance, discipline of
officers and employees and other matters incident to the performance of services by
the responding party's personnel. The officer in command of the personnel of the
responding party shall not be obligated to obey any order which said officer
easonably believes to be either in violation of the laws of the State of Florida,
United States, or of the responding party, or any order which said officer believes
will unnecessarily result in the likelihood of death or bodily injury to the
agents, officers or employees of the responding party, or in a loss or damage to
the responding party's equipment.
15. COSTS; INSURANCE COVERAGE: Each and every operational cost incurred
by the respective parties, including liability for injury to personnel, loss or
damage to equipment, supply expenses and compensation for personnel shall be borne
by the respective party employing such personnel (meaning on whose payroll said
employee is listed) owning such equipment and/or originally furnishing such'expend-
able supplies. All parties shall carry sufficient insurance or provide alternative
meibods of insuring cash reserves or cash availability to cover all such costs and
liabilities.
16. VOIDANCE OF INDEMNITY: Any person performing a function out of his
scope of duty. authority or ability which results in bodily harm to personnel or
damage to equipment or to endanger or cause the loss of life shall void the hold
harmless provisions within this contract for this specific act or acts. The teres
"out of his scope of duty, authority or ability" shall be deemed to include and
shall be limited by acts which are not generally associated with firefighting or
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prevention; acts committed outside the scope of activities occurring outside the
scope of a request or response; acts which are specifically contradictory to and
inconsistent with the terms hereof and acts which are criminal in nature and
violate the laws of the State of Florida.
17. RIGHTS LIMITED TO REQUESTING PARTY CITY: The parties hereto, when
cting in the capacity of a requesting party shall only have the authority to
request mutual aid/fire emergency or disaster aid from the responding party when
the site of the emergency justifying said request for aid is vithin the municipal
corporate limits of the said requesting party.
18. PRIORITY WITH SIMULTANEOUS CALLS: It is mutually understood and
agreed that in the event of a simultaneous or sear simultaneous mutual aid/fire
emergency or disaster call relating to emergencies located within both of the
territorial jurisdictions of the respective parties hereto. the call relating to
,the respective emergency located within the sunicipal limits of each respective
party hereto as to it and its territory shall take priority over -the mutual
Aid/fire emergency or disaster call relating to an emergency condition located
outside of its respective municipal corporate limits.
19. PRIOR COKMITMENT OF EQUIPMENT: In the event that a responding
party's equipment (apparatus) and personnel are already ."working" an eaergency
located within the municipal limits of the responding party, said equipment and
V6 rsonnel 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 Fire Department, it is determined that the
said responding party's equipment (apparatus) and personnel can be released to
respond to the mutual aid/fire emergency or disaster call located outside of the
municipal limits of the responding party, and then only such equipment and person-
nel as. the Senior Officer in command of the responding party's Fire Department
shall deem available for release shall be released to the requesting party's mutual
aid/fire emergency or disaster site.
20. PRIORITY FOR SUBSEQUENT CALLS: In the event that the responding
party's equipment and personnel are on -site at a location within the requesting
party's municipal corporate limits and an emergency call relating to a fire or
disaster -emergency located within the municipal corporate limits of the responding
party is received, the requesting party shall, immediately upon being notified by
the responding party es senior officer in co®and at the site of the requesting
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+erty's emergency of such circumstances. request such additional outside assist-
ce from other fire departments and emergency units as would timely and effective-
ly permit the release of the said responding party's equipment (apparatus) and
personnel so as to enable same to timely respond to the responding party's czer-
gency call site or. if same is not practical or feasible. the requesting party
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agrees that the responding party shall be permitted to i=medistely leave the emer-
gency site within the territory of the requesting party and respond to the emer-
gency or disaster site within the responding party'* territory. In any event,
should the responding party require that its. equipment and personnel return to an
emergency site within its municipal corporate limits in response to a present fire
or disaster emergency, the parties agree that the responding party has the absolute
right to immediately so return to said emergency site within its municipal torpor-
; ate limits, and the requesting party herein so agrees, permits and acknowledges.
21. EFFECTIVE DATE:' This Interlocal Agreement shall take effect immedi-
ately upon its proper and complete execution by both parties bereto ar►d upon the
filing of a Copy of the same with the Clerk of the Brovard County Circuit Court.
22. TERMINATION: This Agreement may be terminated upon thirty (30) days
written notice given by either party to the other, by service of said written
notice, upon the City Clerk or Chief Administrative Officer of the party to be
notified.
IN WITfMSS WAEREOF. the parties hereto have caused this Interlocal Agree -
went to be entered into and executed the day and year first above written.
ATTEST;
City Manager
ATTEST :
City Clerk (Der'
')y
ATTEST:
0967b/0020A
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CITY OF i+DRTN LAUDERDALE
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