HomeMy WebLinkAboutCity of Tamarac Resolution R-81-056Introduced by:,r.194 Temp. #1871
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-,r/-L
A RESOLUTION AUTHORIZING EXECUTION OF A MUTUAL
FIRE AID INTERLUCAL AGREEMENT WITH THE CITY OF
LAUDERDALE LAKES.
NOW, THEREFORE, BE IT RESOLVED BY THE 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 Lauderdale Lakes for firefighting assistance, a copy of said
Agreement being attached hereto as Exhibit "A".
SECTION 2: This Resolution shall become effective imme-
diately upon its adoption. /��
PASSED, ADOPTED AND APPROVED this ay of `�1/lf,�.111"_ •ti , 198L
alA)
AYOR
ATTEST:
ew���.
ASSISTANT CITY CLERK
I HEREBY CERTIFY that I have
approved the form and correct-
ness of this Resolution.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR: _ '
-DISTRICT 1:
DISTRICT 2:
DISTRICT 3:
DISTRICT 4:
1
U
MUTUAL FIRE AID INTERLOCAL AGREEMENT Sfl'
TABLE OF CONTENTS
PAGE
Paragraph #1
AUTHORITY; GENERAL RESPONSIBILITIES;
CONDITIONSPRECEDENT .................................................. 2
Paragraph #2
ROLLINGEQUIPMENT AND ACCE:,SORIES..................................... 3
Paragraph #3
KULLINU LgUiPMENT AND ACCESSORIES ..................................... 3
Paragraph #4.
NEW EQUIPMENT ACQUISITION ............................................. 3
Paragraph #5
CHANGEIN OR DELETION OF EQUIPMENT .................................... 3
Paragraph #6
MANNINGOF EQUIPMENT .................................................. 4
Paragraph #7
RESPONDINGPARTY; DEFINITIONS ....................................... 4
Paragraph #8
RESPONSETO CALL ....................................................... 4
Paragraph #9
OFFICIAL REQUEST ...................................................... 4
Paragraph #10
REQUEST FOR ASSISTANCE; INFORMATION ................................... 4
Paragraph #11
JUSTIFIEDFAILURE TO RESPOND .......................................... 5
Paragraph #12
INDEMNITY FOR RESPONDING PARTY'S
FAILURETO RESPOND .................................................... 5
Paragraph #13
INDEMNITY FOR RESPONDING PARTY'S
RESPONSE.............................................................. 5
Paragraph #14
CONTROLOF FIRE SCENE ................................................. 6
Paragraph #15
COSTS; INSURANCE COVERAGE ............................................. 6
Paragraph #16
VOIDANCEOF IDEMNITY.................................................. 6
Paragraph #17
RIGHTS LIMITED TO REQUESTING PARTY CITY ............................... 7
Paragraph #18
PRIORITYWITH SIMULTANEOUS CALLS ...................................... 7
Paragraph #19
PRIORCOMMITMENT OF EQUIPMENT ......................................... 7
Paragraph #20
PRIORITYFOR SUBSEQUENT CALLS ......................................... 7
Paragraph #21
EFFECTIVEDATE ........................................................ 8
Paragraph #22
TERMINATION........................................................... 8
MUTUAL FIRE AID INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREMENT for mutual fire
aid
is made and entered into in
Broward
County, Florida, as of the
day of
1981, 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), the "Municipal 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 , hereinafter
referred to as Tamarac by authority of
Resolution No. 4 - e 6 of the governing body of said City
and the City of Lauderdale Lakes
a Florida Municipal Corporation , hereinafter referred to as
Lauderdale Lakes , by authority of Resolution
No. , 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 mutual 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 made
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 recognize that there is a great mutual
advantage in providing prior to any firefighting or disaster, emergency for mutual
aid for mutual backup and for cooperative use of the resources available as between
the effected parties, in order that lives and property be spared, and
WHEREAS, said mutual aid, backup and cooperative use of resources- "benefits
all directly or indirectly concerned.
NOW, THEREFORE, in consideration of the premises and mutual covenants and
promises contained hereinbelow, and other good and valuable consideration, the
receipt of which 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; GENERAL RESPONSIBILITIES; CONDITIONS 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,
workmens 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 does 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 satisfaction of the said respective obligation
or responsibility.
(c) This Agreement shall, as a condition precedent to its entry
into full force and effect, be submitted 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 Broward County.
2. ROLLING EQUIPMENT AND ACCESSORIES:
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 subject to this Agreement, and only tLe equipment listed, as
applicable under the further provisions of this Agreement, shall be subject to this
Agreement. In addition to the specifically described major pieces of- rolling
equipment below listed, said equipment shall be deemed to include all normal appli-
ances; accessories and portable equipment associated therewith and normally con-
tained thereon as required by N.F.P.A., Pamphlet 1901, latest edition.
3. ROLLING EQUIPMENT AND ACCESSORIES:
It is agreed that at the time of the execution hereof Lauderdale Lakes
has the below listed pieces of rolling equipment (apparatus) in good working order
that will be and is subject to this agreement and only the equipment listed as
applicable under the further provisions of this Agreement, shall be subject to this
Agreement. In addition to the specifically described major pieces of rolling
equipment below listed, said equipment shall be deemed to include all normal appli-
ances, accessories and portable equipment associated therewith and normally con-
tained thereon as required by N.F.P.A. Pamphlet 1901, latest edition.
4. NEW EQUIPMENT 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 of 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.
5. CHANGE IN OR DELETION OF EQUIPMENT: 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 either party from temporarily taking all or
part of its respective equipment "off-line" out of service for the purpose of main-
tenance or repair of the same. However, should one party actually or effectively
dispose of fifty percent (50%) or more of its respective equipment then, at the
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-line", 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 shall be reasonably
manned by the party responding to the aid request of the other party. Reasonable
manning shall include a minimum of three (3) firefighters for first engines due and
two (2) men per ladder or engine thereafter. Each responding firefighter shall be
a Florida State Certified Firefighter or equivalent, as approved by the respective
fire chiefs of the parties hereto. It is, however, understood that if such manning
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 Fire 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; DEFINITION: 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
"requesting
party".
8. RESPONSE TO CALL: The parties hereto, each as to the other, mutually
agree to respond to the 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
(b) Senior Officer in Charge/Command
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.
42fl"-5--t
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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
disaster call within the municipal limits of the requesting party, the responding
party shall not be liable or responsible in any regard whatsoever for the respond-
ing party's failure to respond to such call and 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 command of the
responding party's Fire Department at the time of the request for mutual="aid, the
responding party would suffer undue jeopardy and be left inadequately protected if
the -.responding party 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 hereof.
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.
herein
13. INDEMNITY FOR RESPONDING PARTY'S RESPONSE: Except asotherwise
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
any 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
=%_;Qru&.uing 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 costs, 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,
anal from and against any orders, judgments or decrees which may be entered therein,
including all costs incurred in prosecuting or defending against appeals therefrom
or thereon. PROVIDED, 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 herewith.
14. CONTROL OF FIRE SCENE: Once the responding party reaches the
requesting party's emergency or disaster site, the requesting 'party's on -site
Senior Officer in command will direct in general the activities and deploy 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
reasonably believes to be either in violation of the laws of the State of Florida,
United States, or of the responding party, or any order which said officer believes
will 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
methods 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 personn.g�l 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 terms
"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
M-M
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
acting 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 within 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 near 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 municipal 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 COMMITMENT OF EQUIPMENT: In the event that a responding
party's equipment (apparatus) and personnel are already "working" an emergency
located within the municipal limits of the responding party, 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 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's senior officer in command at the site of the requesting
party's emergency of such circumstances, request such additional outside assist-
ance 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 emer-
gency call site or, if same is not practical or feasible, the requesting party
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I
agrees that the responding party shall be permitted to immediately 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's 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 corpor-
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 hereto and upon the
filing of a copy of the same with the Clerk of the Broward 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 WITNESS WHEREOF, the parties hereto have caused this Interlocal Agree-
ment to be entered into and executed the day and year first above written.
ATTES CIT OF T C
1 y Manage Mayor
ATTEST:
City Cler City Manager
ATTEST:
0967b/0020A
CITY OF LAUDERDALE LAKES
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