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HomeMy WebLinkAboutR-1986-015 i j, RESOLUTION NO. 15-86 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE CONSOLIDATED MUTUAL FIRE AID INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY AND VARIOUS OTHER CITIES IN BROWARD COUNTY RELATING TO THE PROVISION OF MUTUAL AID IN THE CASE OF FIRE, RESCUE, EMERGENCY OR DISASTER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission and the City Attorney of the City of Dania, Florida, have reviewed the attached form of Agreement and find it to be appropriate to the needs of the City of Dania; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That the City Commission does hereby approve the form of Agreement entitled "Consolidated Mutual Fire Aid Interlocal Agreement", which relates to mutual aid between cities in case of fire, rescue or disaster, a copy of which is attached hereto and made a part hereof as "Exhibit A". Section 2. That the appropriate City Officials of the City of Dania, Florida, be and the same are hereby authorized to execute that form of Agreement by and between the City of Dania and various other cities in Broward County, Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 25th day of February, 1986. ) MAYOR - COMMISSIONER ATTEST: CITY CLERK-AUDITOR APPROVED FOR FORM AND CORRECTNESS FRANK C. ADLER, City Attorney J RESOLUTION NO. 15-86 J l r. I j 4 , i i i I "CONSOLIDATED" i MUTUAL FIRE AID INTERLOCAL AGREEMENT " EXHIB IT All i t J Rev. 10/85 fMUTUAL FIRE RE "CONSOLIDATED" RESCUE EMERGENCY OR DISASTER INTERLOCAL AGREEMENT Table of Contents Paragraph 01 PAGE AUTHORITY; GENERAL RESPONSIBILITIES; CONDITIONS PRECEDENT Paragraph 02 3 APPARATUS EQUIPMENT AND ACCESSORIES Paragraph 03 NEWEQUIPMENT ACQUISITION . . . .. . . . ,. . . . .. . . . .. . . .... Paragraph 04 4 CHANGE 19 OR DELETION OF EQUIPMENT Paragraph 05 4 STAFFING Paragraph 06 4 COMMUNICATIONS Paragraph 07 RESPONDING PARTY/REQUESTING PARTY; DEFINITIONS Paragraph 08 "" " ' 5 RESPONSETO CALL .. ...... . ..... . . Paragraph 09 5 OFFICIALREQUEST ... ... ... .. . .. ... . . ... . .. ... . .. . . . . . .. . . ... . . . . ..Paragraph 010 5 REQUEST FOR ASSISTANCE;Paragraph 0ll INFORMATION .. . . . ... .. . . .. • 5 JUSTIFIED FAILURE TO RESPOND : . ... . . ... . .. . . ...... . . . .. . Paragraph 012 " " ' • •• • • . 5 8 �•°� INDEMNIFICATION . ..... .... .. ... . .. .. Paragraph 013 "•" 6 DAMAGE TO EQUIPMENT r . .. . .. .. .. .... . . . .. . ... . ... . ........Paragraph 014 6 ' MATERIALS AND SUPPLIES .. .......... . . .. . Paragraph 6 8 ph 015 CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER SCENE ,• , ,, , , Paragraph 016 " " " •• • • 6 8 REQUESTS LIMITED TO REQUESTING PARTY'S JURISDICTION ... . . Paragraph O17 6 PRIORITY FOR SIMULTANEOUS CALLS .. . . . . ... . .. . . . .... . .... . .. . Paragraph 018 " " "' • 6 PRIOR COMMITMENT OF EQUIPMENT Paragraph 019 . . . . . . . . ... . . . . . . . . ... . ... .. . 7 PRIORITY FOR SUBSEQUENT CALLS .. . . . . .., J 22N — 1 — "CONSOLIDATED" MUTUAL FIRE, RESCUE, EMERGENCY OR DISASTER INTERLOCAL AGREEMENT Table of Contents Paragraph #20 PAGE AMENDMENTS Paragraph 421 ADMINISTRATIVE BODY ... .. .. . ... . . . . . ... . .. .. .. . . . ... .. ... 7 Paragraph 022 TASKFORCES .. . ... .. .. .... .... . . . . . . ... . ... . .. . .... . . . .. . 7 Paragraph 023 PRIORITY OBJECTIVES . ... . . . ...... . . ... .. . . ... . . . .. . . .. .. . . . . . . . . ... . . ... . . 8 Paragraph 424 DISPUTES, DISAGREEMENTS AND GRIEVANCES Paragraph #25 INTERPRETATIONS .... . ... . . .. .. . . .. . ... . .. . . . . . . . . . .. .. . . . . . . . . . .. 8 Paragraph 026 EFFECTIVE DATE ... .. . . .. . . .. . .. ... Paragraph 027 TERMINATION ........ .. ...... . .. . . . . .... .. . .. . . .. . .. .. . . .. . . ... . . .. .. .. .. . . 8 i i i r I 22N — 2 — t r`, I "CONSOLIDATED" MUTUAL FIRE, RESCUE, EMERGENCY OR DISASTER INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT for mutual fire aid is made and entered into in Broward County, Florida, as of the day of _, 198 , pursuant to the provisions of Article VII1, 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 Stat- utes (1977), the "Municipal Home Rule Powers Act", and other applicable provi- sions of State and Local Law, by and between the undersigned municipalities, political subdivisions, towns, villages, special districts, public authorities and governmental entities. 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 coop- erating in the use of their respective powers, resources and capabilities in regard to fire, rescue, emergency and disaster relief functions and, on a basis of mutual advantage, to provide services and facilities in a manner most consistent with the geographic, economic, demographic and other factors influ- encing their respective needs and the development of their respective and Joint communities; and WHEREAS, each party hereto maintains a Fire Department with fire fighting equipment and fire fighting and administrative personnel; and WHEREAS, at times of fire, rescue, emergency or disaster, one of the parties hereto may have fire fighting, rescue, emergency or disaster relief related demands made upon its equipment or personnel, or both, greater than the capacity of the equipment or personnel available within its own depart- ment, or both; and WHEREAS, during those fire fighting, rescue, emergency or disaster • events which cause demands greater than the capacity of the equipment or per- sonnel resources available to a party hereto, it would -be advantageous to that party to have available to it the •equipmeat or personnel, or both, of one or more of the other parties for backup purposes, direct active fire fighting, rescue, emergency or disaster aid and assistance; and WHEREAS, the parties hereto acknowledge that said fire fighting, rescue, .emergency and 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 fire fighting, rescue, emergency " or disaster event for mutual aid, mutual backup and cooperative use of the resources available among the affected parties, in order that lives and prop- erty be saved; and WHEREAS, said mutual aid, backup and cooperative use of resources benefits all directly or indirectly concerned; and WHEREAS, it is the intent of the parties to this Agreement to provide for mutual aid between the participating parties for unforeseen emergencies beyond the normal capabilities of an individual. It is not the intent of this agreement for any party to subsidize normal day-to-day operations of another participating party, NOW, THEREFORE, in consideration of the premises and mutual covenants and promises contained herein, and other good and valuable consideration, the receipt of which and the adequacy of which are mutually acknowledged, with all parties accordingly waiving any challenge to the sufficiency of such consid- eration, 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 163.019 Florida Statutes, 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 if set forth at length herein, includ- ing, but not limited to, the following specific provisions: 22N _ 3 - (a) All of the privileges and immunities and limitations from liability exemptions from laws, ordinances and rules, and all pensions I and relief, disability, workers' compensation and other benefits which apply to the activity of officers, agents or employees of the parties hereto when performing their respective functions within their respective territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees ext rate rritorially under the provisions of this Interlocal Agreement. (b) This Interlocal Agreement does not and shall not be deemed to relieve any of the parties hereto of any of their respective obliga- tions or responsibilities imposed upon them by law except to the extent of the actual and timely performance of those obligations or responsibilities by one or more of the parties to this Agreement, in which case performance provided hereunder may be offered in satisfaction of the obligation or responsibility. (c) As a condition precedent to its effectiveness, this Interlocal Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Circuit Court of Broward County. 2. APPARATUS EQUIPMENT AND ACCESSORIES: It is agreed that at the time of the execution hereof ea T party has the equipment listed in the attached Exhibit "A" in good working order that will be and ib subject to this Agreement. Only the equipment listed on Exhibit "A", as supplemented pursuant to paragraph 3 of this Agreement, shall be subject to this Agreement. In addition to the specifically described major pieces of equipment listed, said equipment shall be deemed to include all normal appliances, accessories and portable equipment associated therewith and normally contained thereon as required by N.F.P.A., pamphlet 1901, latest edition. 3. NEW EQUIPMENT ACQUISITION: Upon the acquisition of new equip- meat, said equipment, upon going "on-line" without restriction in active use, shall, without formal amendment hereto, be deemed included in the attached listing of pieces of equipment of the respective party(s) hereto, and shall be subject to this Agreement. The party acquiring such new equipment shall notify the Administrative Body, in writing, of the acquisition of new equip- ment as soon as the equipment goes into "on-line" service. The Administrative f Body shall subsequently advise all parties to this agreement, in writing, of the acquisition of the new equipment. 4. CHANGE IN OR DELETION OF EQUIPMENT: Nothing herein contained shall in any way prohibit, restrain or impede an y party from the or modification of any of its equipment or from temporarily takingree alldosal orppart Of its equipment "off-line" or out of service for the purpose of maintenance r •� or repair of the same. However, should an or dispose of fifty percent (50X) or more of its aequipmentrtylly withoutffectively immediate _ replacement, then, at the option of the other parties hereto, as determined by a majority vote of the Administrative Body, this Agreement shall either be Immediately and permanently terminated or conditionally terminated. A condi- tional termination shall take effect only if the party whose participation is being terminated fails to bring its "on-line", active equipment up to the level specified in the notice of conditional termination within the time limit set forth in the notice. Each termination, whether permanent or conditional, shall be in writing and shall not take effect until the Administrative Body has served upon the Clerk or Chief Administrative Officer of the party whose participation is to be terminated. S. STAFFING: All responding vehicles shall be reasonably staffed by the party responding to a mutual aid request. Reasonable staffing shall Include a minimum of three (3) fire fighters for each engine and two (2) fire fighters per aerial apparatus, and appropriately trained personnel for such other support equipment as may be requested. Each responding fire fighter shall be a Florida State Certified Fire fighter possessing a valid certificate compliance or completion. It is understood that if additional manning or Personnel are on duty, called for duty or available for the emergency duty in question, then said personnel shall be provided for this purpose. J 22N — 4 — 6. COMMUNICATIONS: Recognizing that radio communication is nec- essary to successfully provide mutual fire fighting, emergency or disaster related assistance, the parties agree to provide the capability to access the following UHF radio frequency: F.C.C. Radio/Call Sign - Designation - KXW361: FREQUENCY DESIGNATION/USE 470/473.6625 Mutual fire Assistance This channel will be restricted to use by command personnel only as described la Paragraph 09. 7. RESPONDING PARTY/REQUESTING PARTY• DEFINITIONS: "Responding party" shall mean the party which shall furnish or be requested to furnish equipment or personnel, or both, i.e., "mutual aid" in response to the request of the party within whose jurisdiction the emergency necessitating such mutual aid occurs, which second party shall be known 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, rescue, emergency or disas- ter calls or requests of the other with their respective equipment and asso- ciated personnel as hereinabove described, when requested to do so by the requesting party, subject to the terms, conditions and understandings contain- ed in this Agreement and within the reasonable limits of good and acceptable Fire Department practices and procedures. 9. OFFICIAL REQUEST: The following officials of the requesting party are authorized to request mutual aid fire, emergency, rescue or disaster assistance from the responding party pursuant to this Agreement. i (a) Fire Chief I r ` (b) The Senior Officer in Charge/Command of requesting party's Fire Department 10. REQUEST FOR ASSISTANCE• INFORMATION: The officer described in Paragraph 9 above requesting mutual aid fire, rescue, emergency or disaster assistance shall give the following information at the time that the request for such assistance is made: (a) The general nature and type of emergency. (b) The location of the emergency. . (c) The life or property hazard involved and the type of equip- ment requested. (d) Street routing information when necessary. The initial request for assistance shall be transmitted by land-line (telephone) to the appropriate dispatch/communications center of the respond- ing party. 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-referenced equipment or personal, or both, are not available to respond to a mutual aid fire, rescue, emergency or disaster call within the limits of the requesting party, the responding party shall not be liable or responsible in any regard whatsoever for the responding party's failure to respond to such call. The reasons justifying a failure to respond shall include, but not be limited to the following: (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 responds as requested; (b) The requested equipment is Inoperative as a result of damage caused to it; I 22N I - 5 - l (c) The requested equipment is being utilized due to a previous emergency call; (d) Mechanical breakdown of the requested equipment; (e) The inability to adequately staff the equipment or to meet the minimum standards set forth at Paragraph 5 herein. 12. INDEMNIFICATION: Except as otherwise specifically provided in this Agreement, the requesting party shall indemnify and hold the responding party or parties harmless to extent provided by law from and against any and all claims, demands, suits, actions, damages and causes of action related to or arising out of or in any way connected with mutual aid fire, rescue, emergency or disaster assistance rendered or performed at the requesting party's emergency or disaster site. The requesting party shall defend any action or proceeding brought against the responding party or parties and shall indemnify and hold the responding party or parties harmless from and against all costs, counsel and 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, judg- ments or decrees which may be entered as a result thereof. Each party shall bear its own responsibility and be liable for any claims, demands, suits, actions, damages and causes of action arising out of or occurring during travel to or from its own or a requesting party's emer- gency or disaster site and no indemnification or hold harmless agreement shall be in effect concerning such claims, demands, suits, actions, damages and causes of action. 13. DAMAGE TO EQUIPMENT: The requesting party shall replace, repair or reimburse the responding party for the direct cost of replacement or repair of any of the responding party's equipment damaged or destroyed while at the requesting party's emergency or disaster site except that if such damage or destruction is solely the result of errors, negligent acts or omissions of the s responding party or any of its agents, employees or officials, the requesting party shall not be responsible for such replacement, repair or reimbursement. 14. MATERIALS-AND SUPPLIES: The requesting party shall, at the option of the responding party, either replace or reimburse the responding party fdr-the direct cost of all materials and supplies such as foam, dry chemicals, halos and the like, consumed or expended by the responding party in ^� the course of rendering mutual aid and assistance pursuant -to this Agreement while at the requesting party's emergency or disaster site. 15. CONTROL OF FIRE, RESCUE, EMERGENCY OR DISASTER 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 gen- eral the activities and deploy personnel and equipment in the area where the emergency exists. Control of each respective party's personnel shall remain with each respective party as to the rendition of service, standards of per- formance, 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 viola- tion 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 or unreasonable risk of death or bodily injury to the agents, officers or employees of the responding party, or in a loss of or damage to the responding party's equipment. 16. REQUESTS LIMITED TO REQUESTING PARTY'S JURISDICTION: A party may request mutual aid fire, rescue, emergency or disaster assistance only when the site of the emergency justifying such request is within the juris- dictional limits of the requesting party. 17. PRIORITY FOR SIMULTANEOUS CALLS: In the event of simultaneous or nearly simultaneous fire, rescue, emergency or disaster calls relating to emergencies located within both a requesting and a responding party's bound- aries, the call relating to the emergency located within the boundaries of a party shall take priority over the mutual aid call from the requesting party. J 22N - 6 - I J 18. PRIOR COMMITMENT OF EQUIPMENT: In the event that a responding party's equipment and personnel are already "working" an emergency located within responding parties limits, 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 respond- ing party's equipment and personnel can be released to respond to the requesting party's mutual aid fire, rescue emergency or disaster call. Only that portion of the responding party's equipment and personnel as the Senior Officer in command of the responding party's Fire Department shall deem avail- able for release at that time shall be released to the requesting party's emergency site. 19. PRIORITY FOR SUBSEQUENT CALLS: In the event that the responding party's equipment and personnel are on-site at a location within the request- ing party's jurisdictional limits and an emergency call relating to a fire, rescue, emergency or disaster occurring within the responding party's bound- aries 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 assistance from other parties to this agreement, as would timely and effectively permit the release of the responding party's equipment and person- nel so as to enable same to timely respond to the responding party's emergency call site or, if same is not practical or feasible, the requesting party agrees that the responding party shall be permitted to immediately leave the fire, rescue, emergency or disaster site within the territory of the request- ing party and respond to the fire, rescue emergency or disaster site within the responding party's territory. In any event, should the senior officer in command of the responding party's fire department require i ts and personnel return to an emergency site within its boundariesin response toa fire, rescue, emergency or disaster call, the parties agree that the responding party has the absolute right to immediately return to the emergency site within its jurisdictional limits. CA 20. AMENDMENTS: (a) An amendment to this agreement shall be initiated through the Administrative Body. (b) All parties hereby agree to submit to their legislative bodies for final approval additions to and deletions from this agreement approved by a two-thirds vote of the Admin- istrative Body. (c) Approval of such proposed amendments by two-thirds of the participating agencies' legislative bodies shall make such amendments effective as to and shall be binding upon all parties continuing to participate in this agreement. 21. ADMINISTRATIVE BODY: The Administrative Body shall consist of the Fire Chief, or his designee, from each of the participating parties. The Administrative Body shall have the authority to adopt rules of procedure for conducting meetings or public hearings and for ruling upon disputes, disagreements, grievances and other matters to be determined by the Administrative Body pursuant to this Agreement. 22. TASK FORCES (a) The Administrative Body may organize various task forces as it deems appropriate. (b) Task forces shall be assigned specific topics for research and development. Recommendations from the task force(s) shall be forwarded to the Administrative Body upon comple- tion. 22N I 1 23. PRIORITY OBJECTIVES: In the interest of uniformity and cost effectiveness it i—n hereby understood and agreed that task forces will immediately be formed by the Administrative Body to address the following topics: Training; Communications; Response; Purchasing; Equipment; Operational Procedures. 24. DISPUTES , DISAGREEMENTS AND GRIEVANCES: Disputes, disagree- ments or grievances which cannot be voluntarilT y reso by the parties involved shall be resolved by the Administrative Body, whose decisions in such matters shall be final and binding upon all parties. 25. INTERPRETATIONS: The Administrative Body shall be the final authority on interpretation of this agreement. This agreement is not intended to prohibit or restrict any of the parties from seeking relief of disputes through the courts. 26. EFFECTIVE DATE: This Interlocal Agreement shall take effect immediately upon its proper and complete execution by each party and upon the filing of a copy of the same with the Clerk of the Broward County Circuit Court. 27. TERMINATION: Except in the case of termination under Para- graph four, this Agreement may be terminated upon forty-five (45) days written notice given by any party to the Administrative Body who shall within fifteen (15) days, serve written notice to all parties through their respective Clerk or Chief Administrative Officer. IN WITNESS WHEREOF, the parties hereto have caused this In a local Agreement to be entered into and executed the a1 S day of 198 b ; WIT SSES: CITY OF 1 � B l yorBy City Manage r/2eG x/ (CORPORATE SEAL) ATTEST: ✓/ m...l C lerk Approved as to form: ; I City Attorney STATE OF FLORIDA: COUNTY OF BROWARD: BEFORE ME, an officer duly authorized by law to _adminsiter oaths and take acknowledgments, personally appeared . Mayor, City Manager and Cit�Clerk ; respec- tively, of the City of —�is��-w_. Florida, a municipal corporation of Florida, and acknowledged they executed the foregoing Agreement as the proper officials of the City of ,_, , and the same is the act and deed of the City of � • i 1 '1 j i i -8- J