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HomeMy WebLinkAboutCity of Tamarac Resolution R-81-056Introduced by:,r.194 Temp. #1871 1 2 3 4 5 8 9i 10 11 12 13 14 15 16 17 20 21 22 23 24 25 26 28 29 �2 33 34 35 36 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. -2- (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 -3- 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 -4- 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 -5- 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 -7- 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 -8-