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' RESOLUTION NO. 177-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING THE AGREEMENT BETWEEN
THE CITY OF FORT LAUDERDALE AND THE CITY OF
DANIA BEACH PROVIDING FOR JOINT COVERAGE,
AUTOMATIC AND MUTUAL AID OF FIRE RESCUE
SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1: That certain Agreement between the City of Fort Lauderdale and the
City of Dania Beach providing for the Joint Coverage, Automatic and Mutual Aid of Fire
Rescue Services, in substantial form as Exhibit "A", attached, is approved and the
appropriate City officials are directed to execute same; provided, however, that the City
Manager and City Attorney are authorized to make minor revisions to such Agreement
as are deemed necessary and proper for the best interests of the City.
Section 2: That this Agreement between the City of Fort Lauderdale and the
City of Dania Beach is subject to Ken Land, Fire Chief of the City of Dania Beach,
receiving confirmation from Fort Lauderdale that adequate staffing and rescue vehicles
are provided for the emergency rescue services. If not, the agreement will be held until
such time as Ken Land, Fire Chief of the City of Dania Beach, deems these conditions
to be met.
Section 3: That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 4: That this resolution shall be in force and take effect immediately
upon its passage
and adoption.
PASSED AND ADOPTED THIS 24'h DAY Of AUGU 9
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OMMISSIONER
ATT �T•
ACTING CITY CLERK
APPROVED AA
� T FORM AND CORRECTNESS:
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CI AT ORN Y
G:DOCS\RESOLUTIONPREP99\RES-FORTLAUDERDALE...08/30/99...4:55 PM
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Agreement
Between
City of Dania Beach
and
City of Fort Lauderdale •�
Providing for the Joint Coverage, Automatic and Mutual Aid of
Fire Rescue Services
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ARTICLE 1
BACKGROUND: PURPOSE AND INTENT AND DEFINITIONS
1.1 It is the purpose and intent of this agreement for the City of Dania Beach and the
City of Fort Lauderdale, pursuant to Section 163,01, Florida Statutes, to cooperate
and provide for a means by which each governmental entity may exercise its
respective powers, privileges and authorities which they share in common and
which each might exercise separately in order to further a common goal.
1.2 The respective elected bodies of the City of Dania Beach and the City of Fort
Lauderdale find that mutual cooperation in the delivery of fire rescue services can
best be accomplished within a cooperative, interlocal configuration. To further that
cause, both Cities willingly enter into this cooperative Agreement which extends
beyond the concept of mutual aid for fire and rescue services.
1.3 For the purposes of this Agreement and the various covenants, conditions, terms
and provisions which follow, the definitions set forth below are assumed to be true
and correct and are agreed upon by the parties.
1.3.1 Coverage: means the temporary relocation of apparatus and personnel to provide
fire rescue services in a different Primary Response Zone from the Primary
Response Zone in which the apparatus and personnel are normally located.
1.3.2 Primary Response Zone: means a specific geographic area in which fire and/or
rescue services are provided, which area does not require the relocation of
apparatus and personnel.
1.4 For purposes of this Agreement, the Primary Response Zones to be covered by the
Cities will be established and may be amended during the term of this agreement by
mutual agreement in writing by the Fire Chief of the City of Dania Beach Fire-
Rescue Department and the Fire Chief of the City of Fort Lauderdale Fire for
purposes of improving response times and otherwise increasing the efficiency of
services provided pursuant to this Agreement.
1.5 The Cities shall maintain current apparatus, equipment, and staffing levels within
the jurisdictional limits of the City of City of Dania Beach and the City of Fort
Lauderdale areas.
ARTICLE 2
COVERAGE COMMITMENT
2.1 The Cities shall provide coverage in the event that either agency's response
vehicles are engaged in fire, rescue, disaster, training activities or other
circumstances beyond its respective control.
2.2 Coverage shall be automatic based upon written protocols mutually agreed up,1- h,;
the Fire Chief of the City of Dania Beach Fire-Rescue Department and (he i ire
Chief of the City of Fort Lauderdale.
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ARTICLE 3
NO INDEMNIFICATION
3.1 The Cities shall each individually defend any action or proceeding brought against
its respective agency arising in connection with this agreement and shall be
individually responsible for all its own costs, attorneys fees, expenses and liabilities
incurred as a result of any such claims, demands, suits, actions, damages and
causes of action, including the investigation or the defense thereof, and from and
against any orders,judgments or decrees which may be entered as a result thereof.
3.2 Each party shall bear its own responsibility and be liable for any claims, demands,
suits, actions, damages and causes or actions arising out of or occurring during
travel to or from its own emergency or disaster site or to or from an emergency or
disaster site covered by this Agreement, and no indemnification or hold harmless
agreement shall be in effect concerning such claims, demands, suits, actions,
damages and causes of action.
3.3 Neither party hereto shall be deemed to have waived its sovereign immunity by
entering into this Agreement.
ARTICLE 4
TERMINATION
4.1 This Agreement may be terminated upon sixty (60) days written notice given by
either party as provided in Section 7.6 herein.
4.2 This Agreement shall be deemed automatically terminated and of no further force
and effect if either City has filed or consented to the filing of a petition for
reorganization or bankruptcy or is otherwise adjudicated insolvent.
ARTICLE 5
DEFAULT
5.1 If either City fails to perform or observe any of the material terms and conditions of
this Agreement for a period often (10) days after receipt of written notice of sucri
default from the other party, the party giving notice of default shall be entitled, at its
option, but is not required, to terminate this Agreement. Failure of any party to
exercise its rights in the event of any breach by the other party shall not constitute a
waiver of such rights. No party shall be deemed to have waived any failure to
perform by the other party unless such waiver is in writing and signed by the
waiving party. Such waiver shall be limited to the terms specifically contained
therein. This paragraph shall be without prejudice to the rights of any party to seek a
legal remedy for any breach of the other party as may be available to it in law or
equity.
ARTICLE 6
TERM OF AGREEMENT
6.1 The obligation to perform under this Agreement shall commence at a date nwtuully
agreed upon in writing by the Fire Chief of the City of Dania Beach Fire-Rescue
Department and the Fire Chief of the City of Fort Lauderdale.
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6.2 Unless terminated earlier as provided for hereinabove, the term of this Agreement
shall be from the date of commencement as provided for in paragraph 6.1 above, to
and including June 1, 2002. Thereafter, this Agreement shall be automatically
renewed for three (3) additional one-year terms, unless either party notifies the
other in writing, not later than four (4) months prior to the expiration of this
Agreement or any renewal term of this Agreement, of its intent not to renew. Any
renewal of this Agreement shall be set forth in a written amendment as provided for
in paragraph 7.2 below.
6.3 In the event either City enters into a joint powers, consolidated service area, or
interlocal agreement, which includes additional parties, that agreement may
supersede and provide for termination of this Agreement. Upon the effective date of
such a new agreement with the other party, this Agreement may be deemed
terminated and of no further force and effect.
ARTICLE 7
MISCELLANEOUS
7.1 Joint Participation: The preparation of this Agreement has been a joint effort of the
parties hereto, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
7.2 Entire Agreement and Modification: This Agreement incorporates, supersedes
and includes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matter contained herein. No change, alteration or .a
modification in the terms and conditions contained herein shall be effective unless
contained in a written document signed by the Fire Chiefs of the Cities of Dania
Beach and Fort Lauderdale.
7.3 Records: Each City shall permit the other party to examine all records pertinent to
this Agreement and grants to the other party, the right to audit any books,
documents and papers that are generated during the term of this Agreement. The
parties shall maintain the records, books, documents and papers associated with
this Agreement for at least three(3) years following termination of this Agreement.
7.4 Agreement Administration: In the administration of this agreement as contrasted
with matters of policy, all parties may rely upon instructions or determinations made
by the Fire Chief, or designee, of the City of Dania Beach and the Fire Chief, or
designee, of the City of Fort Lauderdale.
7.5 Recordation/Filing: With the Office of the County Administrator of Broward
County, Florida, as required by Section 163.01(11), Florida Statutes.
7.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for filing of notice shall remain such until it shall have been changed by written
notice in compliance with the provisions of this paragraph. For the present, the
parties designate the following at the respective places for giving notice.
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FOR THE CITY OF DANIA BEACH
Fire Chief
City of Dania Beach Fire Rescue Department
102 W. Dania Beach Boulevard
Dania Beach, Florida 33004
FOR THE CITY OF FORT LAUDERDALE
Fire Chief
City of Fort Lauderdale
101 Northeast 3rd Avenue, Suite 500
Fort Lauderdale, Florida 33301
7.7 Automatic Aid Agreements: Both Cities acknowledge that any current automatic
aid agreements with any other agency will continue in full force and effect
notwithstanding execution and implementation of this Agreement.
7.8 Third Party Beneficiaries: Neither City intends to directly or substantially benefit a
third party by this Agreement. Therefore, there are no third party beneficiaries to
this Agreement, and no third party will be entitled to assert a claim against either
party based upon this Agreement.
7.9 Assignment: Neither this Agreement nor any interest herein shall be assigned,
transferred or encumbered by either party without the written consent of the other
party.
7.10 Waiver of Breach and Materiality: Failure by either party to enforce any provision
of this Agreement shall not be deemed a waiver of such provision or modification of
this Agreement. A waiver of any breach of a provision of this Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Agreement. Each requirement, duty, and obligation
set forth herein is substantial and important to the formation of this Agreement and,
therefore, is a material term hereof.
7.11 Compliance with Laws: Both parties shall comply with all federal, state, and local
laws, codes, ordinances, rules and regulations in performing their respective duties,
responsibilities, and obligations related to this Agreement.
7.12 Severance: In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless either party elects to terminate this Agreement. The election to
terminate this Agreement based upon this provision shall be made and written
notice shall be provided to the other party within thirty (30) days after the finding by
the court become final.
7.13 Applicable Law and Venue: This Agreement shall be interpreted and construed in
accordance with and governed by the laws of the State of Florida. Venue for
litigation concerning this Agreement shall be in Broward County, Florida.
7.14 Multiple Originals: Multiple copies of this Agreement may be fully executed by all
parties, each of which shall be deemed to be an original.
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7.15 C.O.N.: Both Cities shall maintain, throughout the term of this Agreement, an ALS
Rescue Certificate of Public Convenience and Necessity ("C.0 N.") from Broward
County and an appropriate State of Florida license enabling each to provide
advanced life support services, as well as, basic life support services, to patients
upon arrival at emergency scenes requiring immediate emergency medical care.
7.16 Medical Director: Both parties presently have and shall maintain, throughout the
term of this Agreement and any renewal term, a Medical Director as required by
Chapter 401, Florida Statutes.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their proper officials on the day and year first below written.
CITY OF1lANACH, a municipal
ATTE T: cor action of State of Flo 'da
Y Mayo -Commissioner
Acting Cit Clerk
Da42ni
SeD't.
Approved as to fo m a correctness ° 1999
By: / I By:
City Attor ey , City Manager
DatSect .of 1999
ATTEST:
CITY OF FORT LAUDERDALE, a
municipal corporation of the State of
Florida .
City Clerk
By:
Mayor-Commissioner
Dated this_day of., 1999,
By:
City Manager
Dated this—day of., 1999
APPROVED AS TO FORM AND CORRECTNESS
By:
City Attorney
CITY OF DANIA BEACH
FIRE/RESCUE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Michael W. Smith, City Manager y
FROM: Kenneth Land, Fire Chief
RE: Agreement Between City of Dania Beach and the City of Fort Lauderdale
Providing for the Joint Coverage, Automatic and Mutual Aid of Fire Rescue
Services
DATE: August 25, 1999
At the August 24, 1999, regular commission meeting during discussion relating to the
city's approval of the above briefly described agreement, Commissioner Cali expressed
concern regarding a rumor he had heard relating to the delivery of new rescue vehicles
to the Fort Lauderdale Fire and Building Department. This morning I personally spoke
with Chief Otis Latin who assured me that the information Commissioner Cali received
was erroneous and just that, a rumor, one of which is completely unfounded.
Under his department's current system, Fort Lauderdale provides four (4) rescue
vehicles and Broward County provides three (3). Chief Latin further informed me that
his department has already accepted delivery of seven (7) new rescue units with an
additional two (2) units scheduled to be delivered on or before September 18, 1999,
and another two (2) units scheduled to be delivered on or before October 1, 1999. With
all vehicles in service, the new system will increase his department's ALS (advanced life
support) rescue vehicles from seven (7) to ten (10) and will also include eleven (11)
ALS engines. All units are presently and will continue to be in the future manned by
personnel cross-trained as firefighter-paramedics, making the Fort Lauderdale Fire and
Building Department the premier department in the county both in highly trained
personnel and state of the art equipment.
Several departments in this county have been asked if they would be able to provide a
reserve unit to Fort Lauderdale should that department experience an abnormal rate of
vehicular breakdown or vehicular accidents. A majority (made up of those departments
that actually had a spare reserve vehicle available) answered in the affirmative.
Mike, I am personally concerned about recurring misinformation being disseminated to
personnel in departments throughout the county. For whatever reason this practice is
continuing, my main objective, and that of all other chiefs with whom I have come into
contact, is to provide the highest degree of life and property saving services available to
those in need no matter what the jurisdictional boundaries. I sincerely hope this highest
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conflicts which may exist.
If you have any further questions relating to this matter, please do not hesitate to
contact me.
KL:clb
cc: Mayor Bertino and Commissoners
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