HomeMy WebLinkAboutR-1993-006 RESOLUTION NO.
06 -93
A RESOLUTION OF THE CITY OF DANIA,
FLORIDA, APPROVING THE INTERLOCAL
AGREEMENT BETWEEN BROWARD COUNTY AND +
CITY OF DANIA PROVIDING FOR THE
FURNISHING OF MUTUAL EMERGENCY AID;
PROVIDING THAT ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH BE ra
REPEALED TO THE EXTENT OF SUCH CONFLICT;
AND PROVIDNG FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission, City Manager and City .,
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Attorney of the City of Dania, Florida, have reviewed the
Interlocal Agreement between Broward County and the City of
Dania providing for the furnishing of mutual emergency aid and
appropriate
to the needs of the City of Dania.
find it to be appro p
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania, ft[
approve the "Interlocal Agreement between
Florida does hereby
y of Dania Providing for the Furnishing of
Broward County and Cit
Mutual Emergency Aid" , a copy of which is attached hereto and
1lf made a part hereof as Exhibit "A" .
I Sect_ ice_ That the Mayor-Commissioner, City Manager and
1 are hereby authorized and directed to
City Clerk-Auditor
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forthwith execute said Agreement on behalf of the City of Dania, 4 .
Florida.
Section That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the f
extent of such conflict.
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<•.•.y,j Section 4 . That this resolution shall be in force and take
ri effect immediately upon its passage and adoption.
PASSED and ADOPTED on this 12th day of Jan , 1993.
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" i ATTESTS MAYOR - C ISSIONER
ITS- AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
.,� By:
l FRANK C. ADLER, City Attorney
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INTERLOCAL AGREEMENT
between
BROWARD COUNTY
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CITY OF DANIA
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PROVIDING FOR -
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THE FURNISHING OF
MUTUAL EMERGENCY AID a
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INTERLOCAL AGREEMENT
between
HROWARD COUNTY
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CITY OF DANIA
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PROVIDING FOR ;
THE FURNISHING OF
MUTUAL EMERGENCY AID
THIS IS AN INTERLOCAL AGREEMENT prepared consistent
with Section 252 .40, Florida Statutes, as amended, providing for
the furnishing of reciprocal emergency aid in case of emergencies
too extensive to be dealt with unassisted to a portion of Broward
County, Florida, between : BROWARD COUNTY, a political subdivi-
eion of the state of Florida, its successors and assigns, herein-
after referred to as the "COUNTY," by and through its Board of
County Commissioners , f '
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And {�
l CITY OF DANIA , a municipal
corporation organized and existing under the laws of the State of
Florida, its successors and assigns, hereinafter referred to as
11 the "CITY. "
I WHEREAS, it is the design, purpose and intention of the
parties hereto to permit said parties, individually and collec-
tively, to make the most efficient use of their respective
powers, resources and capabilities by cooperating in regard to
emergency management functions and, on a basis of mutual advan-
tage. 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, at times of emergency or disaster, one or the
other of the parties hereto may have, emergency or disaster re-
lated demands made upon it equipment or personnel, greater than
the capacity of the equipment or personnel available within its
own political subdivision; and
2
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,
WHEREAS, during those emergency or disaster events
which cause demands greater than the capacity of the equipment or
personnel resources available to either party, it would be advan-
tageous to the distressed or extended party to have available to
it the equipment or personnel, of the other party for backup pur-
poses, direct active emergency or disaster aid and assistance,
and
I
WHEREAS, the parties hereto acknowledge that said emer-
gency or, disaster events or both, occur without prior warning,
with 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 [
disaster emergency for mutual aid for mutual backup and for
cooperative use of resources available as between the affected
parties, in order that lives and property be soared; and
WHEREAS, said mutual aid, backup and cooperative use
of resources benefits all directly or indirectly concerned.
NOW, THEREFORE, in consideration of the mutual terms
and conditions, promises, covenants and payments hereinafter set
,I
forth, COUNTY and CITY hereby agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Interlocal Agreement and the
various covenants, conditions, terms and provisions which fol-
lows , the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the
parties.
1 .1 COUNTY ADMINISTRATOR
i
-I "County Administrator" means the individual who has been
appointed by the Board of County Commissioners to this post.
The County Administrator is the administrative head of all _ -
departments and divisions of County government and is the
Ex-Officio Clerk of the Board of County Commissioners. Is
1 .2 EMERGENCY
"Emergency" means any occurrence, or threat of, whether
accidental, natural or caused by man, which results or may
result in substantial injury or harm to the population or � .
substantial damage to, or loss of life or property. l
3
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1 .3 EMERGENCY MANAGEMENT
"Emergency management" means the carrying out of, all emer-
gency responsibilities and functions, to prevent, mitigate
or repair injury and damage resulting from the occurrence of ! :<d
imminent threat of widespread or severe damage resultingytr
from emergencies . r '
1 .4 EMERGENCY MANAGEMENT AGENCY 4r
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' "Emergency Management Agency" means an organization created jrya;;
1 in accordance with provisions of Chapter 252 .31 - 252 .60,
Florida Statutes , as amended, to discharge the emergency
j management responsibilities of a political subdivision.
' 1 .5 MUTUAL AID EMERGENCY FORCE (M.A.E.F. ) PLAN
"Mutual Aid Emergency Force (M.A.E.F. ) Plan" means an Agree- { ,s
ment between the Broward Sheriff' s Office and Broward County t�
atunicipal police departments for the mutual exchange of law
enforcement personnel and equipment between said municipali-
ties, and the County, in the event of riot, civil disturb- An
ances or other major law enforcement problems .
i 1 .6 POLITICAL. SUBDIVISION
"Political Subdivision" means any county, city or munici- '
�li� yt^d aua^t t^ 1^
1 .7 RESPONDING PARTY f:
The term "responding party" shall mean the political sub-
division which shall furnish, or be requested to furnish, v
services under this Agreement.
ARTICLE 2 '
TERMS AND CONDITIONS
i
2 . 1 THE TERM
This Interlocal Agreement shall continue in full force and
j effect unless terminated as provided for herein.
2 .2 AUTHORITY AND PRIVILEGE
Pursuant to Section 252 .41 ( 2 ) (b) , Florida Statutes, as amen-
ded, County personnel, or City personnel, or both, in
response to a request for aid, due to an emergency not
within the territorial limits of their respective political
subdivision, shall have the powers , duties , rights , privi-
leges, and immunities incident to their employment.
4
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2 . 3 OPERATIONAL CONTROL
i Pursuant to Section 252 .41 ( 2 ) (c) , Florida Statutes , as amen-
ded, the responding party, while on duty, shall be subject
to the operational control of the political subdivision in
which they are serving .
This sub-section shall not be construed or interpreted in
any manner so as to conflict with provisions of the M.A. E. F.
Plan relating to operational control of law enforcement
resources .
2 .4 OFFICIAL REQUEST FOR ASSISTANCE
official requests for aid, due to an emergency within the
territorial limits of a political subdivision, shall be made
by the individual responsible for coordinating emergency
management in the requesting political subdivision, to the
individual responsible for coordinating emergency management
in the responding political subdivision. The individuals so
designated in county government are:
a. Director, Emergency Preparedness Division; or
b. His designated alternate.
The only exception to the provisions of this section is a
"J whenever provisions of the M.A.E•F• Plan are invoked by a
participating law enforcement agency. Whenever provisions
of said Plan are invoked, requests for assistance will be i
directed to the eroward County Sheriff.
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2 . 5 REQUESTS FOR ASSISTANCE INFORMATION
The individual as described in paragraph 2 .4 above, request-
ing mutual emergency aid shall provide the following infor-
mation to the responding political subdivision:
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a. The general nature and type of emergency; and
b. The location of the emergency; and
C. The threat to life or property, or both, that the
emergency has oc is likely to cause; and
d. The type of equipment requested; and
e . Specialized personnel requested.
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2 .6 RESPONDING RESOURCES
Resourses (personnel, or equipment or both) responding to _
assist the political subdivision requesting such aid shall
be provided for this purpose within sound and reasonable
limits of good and acceptable emergency administrative
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practice and procedures; and subject to the sound and pru-
dent judgment and discretion of the officer in charge of the
responding party hereto at the time that the request for
assistance is made; or at the time that additional request
for assistance are made by the requesting party.
2 .7 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 resources ( personnel/equipment) are not available to
respond to a mutual aid emergency request within the
territorial limits of the requesting political subdivision,
the responding party shall not be liable or responsible in
any regard whatsoever for the responding party' s failure to i
respond to a request, 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 individual responsible for the
coordination of emergency management resources within
the responding political subdivison, said political
subdivision would suffer undue jeopardy and be left
inadequately protected if the responding party would
respond as requested; or
i
i b. The requested resources are unavailable due to other
commitments .
2 .8 EXPENSES INCURRED
rJ �.
Pursuant to Section 252 . 39(2) , Florida Statutes, as amended,
the political subdivison which requested mutual aid shall be
liable for any loss or damage to equipment utilized in ren-
dering said aid and shall pay any expenses incurred in the
operation and maintenance thereof . No claim for such loss,
damage, or expense shall be allowed unless within 60 days
after the same is sustained or incurred, an itemized notice
of such claim under oath is served by mail or otherwise upon +„r
the chief fiscal officer of the political subdivision in ` w
which said resources were used. The political subdivision
which is aided pursuant to this Agreement shall also pay and
reimburse the political subdivison furnishing such aid for fff
compei.zation pain to employees furnished under this
Agreement during the time of the rendition of such aid. cif
Such reimbursement shall include any amounts paid or due for " .4
compensation due to personal injury or death while such
employees are engaged in such aid. The term "employee" as t ':
used in the Agreement shall mean, and apply with equal
effect to, paid, volunteer, and auxiliary employees and
emergency management workers .
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2 .9 INSURA.`ICE COVERAGE - ALTERNATE FUNDS
Both parties to this Agreement shall carry sufficient
insurance coverage or provide alternative methods of
insuring cash reserves on fund availability to cover costs
and liabilities enumerated in Section 2 .8, this Agreement .
2 . 10 TERMINATION OF AGREEMENT
J In the event either party seeks to discontinue participating
pursuant to this Interlocal Agreement, it shall notify the
other party in writing no less than thirty ( 30) days prior
to the date said party seeks to cease participation .
2 . 11 NOTICES
111 F
Unless otherwise specifically provided herein, all notices
to be given hereunder shall be in writing and sent to the
parties as hereinafter provided, postage prepaid, certified
or registered mail, return receipt requested, and shall be
effective when deposited in the United States mail :
Notices as to the County shall be sent to:
Director, Browazd County
Emergency Preparedness Division
.. _.1,
1249 S.W. 44th Terrace
- - tort Lauderdale, Florida 33317
Notices to the Municipality shall be sent to:
City of Dania , City Manager
100 West Dania Beach Boulevard.
Dania, FL 33004
2 .12 INDEMNIFICATION
Parties to this Agreement shall indemnify and save harmless
the other from, or on account of, and injuries, damages, F `
omissions, commissions , actions or causes of action accruing
as a result of services performed, or not performed, by
either party pursuant to this Interlocal Agreement as a
result of the actionable negligence of either party, to the
extent provided by Florida Law.
!, ARTICLE 3
y MISCELLANEOUS
3 . 1 It is understood and agreed that this document incorporated
and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to
the matters contained herein and the parties agree that :
there are no commitments , agreements, or understandings
concerning the subject matter of this Interlocal Agreement
that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements
j whether oral or written .
j 3 . 2 It is further agreed that no modifications, amendment or
alteration in the terms or conditions contained herein shall
be effective unless contained in a written document executed
with the same formality and of equal dignity herewith .
3 . 3 This document shall be executed in two (2) counterparts,
each of which shall be deemed to be a duplicate original .
IN WITNESS WHEREOF, the parties hereto have made and { i,
executed this Interlocal Agreement on the respective dated
under each signature; BROWARD COUNTY through its BOARD F tfa "g O
COUNTY COMMISSIONERS, signing by and through its Chairman, °\
authorized to execute same by Board action on the day 't
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of , i9 , and the CITY OF "•F
signing by and through its
duly authorized to execute same . rr
COUNTY
ATTEST: BROWARD COUNTY, through its � .
BOARD OF COUNTY COMMISSIONERS
1
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County Administrator and Chair
Ex-OfEicio Clerk of the Board
of County Commissioners of
Broward County, Florida day of , 19 =
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By
Assistant County Attorney
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A
INTERLOCAL AGREEME14T BETWEEN BROWARD COUNTY AND THE CITY OF DANIA,
FLORIDA, PROVIDING FOR THE FURNISHING OF MUTUAL EMERGENCY AID.
CITY
CITY OF DANIA, a municipal
corporation of the State of Florida
By:
Attest: William Hyde, Mayor-Commissioner
Wanda Mullikin, City Clerk By:Robert F. Flat ley, City Manager
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
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