HomeMy WebLinkAboutR-2011-086 - Executed an Interlocal Agreement with DB, BC & BSO relating to Delivery of Fire Protection Services within the Fort Lauderdale-Hollywood International Airport RESOLUTION NO. 2011-086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN INTERLOCAL AGREEMENT AMONG THE CITY OF DANIA
BEACH, FLORIDA, BROWARD SHERIFF'S OFFICE AND BROWARD
COUNTY, FLORIDA, RELATING TO THE DELIVERY OF FIRE
PROTECTION SERVICES WITHIN THE FORT LAUDERDALE-
HOLLYWOOD INTERNATIONAL AIRPORT; 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 the proper City officials are authorized to execute an Interlocal
Agreement on behalf of the City of Dania Beach, Florida, with the Broward Sheriffs Office and
Broward County, Florida, relating to delivery of fire protection services within the Fort
Lauderdale-Hollywood International Airport. A copy of the Interlocal Agreement is attached as
Exhibit"A", and it is made a part of this Resolution by this reference.
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the documents as are deemed necessary and proper for the best interests of the City.
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are repealed to the extent of such conflict.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 take full force and effect immediately at the
time of its passage and adoption.
PASSED AND ADOPTED on August 9,2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED A TO FORM AND CORRECTNESS: is FIRsrC�jy
THO AS SBR .�
CITY ATTORNEY
EXHIBIT "A"
Interlocal Agreement
Between
BROWARD SHERIFF'S OFFICE
and
BROWARD COUNTY
and
CITY OF DANIA BEACH
Providing for
Delivery of Fire Protection Services Authorized by City of Dania Beach
within the Fort Lauderdale-Hollywood International Airport
Exhibit A Geographic Map
2 RESOLUTION#2011-086
Interlocal Agreement
Between
BROWARD SHERIFF'S OFFICE
and
BROWARD COUNTY
and
CITY OF DANIA BEACH
Providing for
Delivery of Fire Protection Services Authorized by City of Dania Beach within the
Fort Lauderdale-Hollywood International Airport
This Interlocal Agreement is made by and between: BROWARD SHERIFF'S
OFFICE (hereinafter referred to as "BSO"), BROWARD COUNTY (hereinafter referred
to as "COUNTY") and the CITY OF DANIA BEACH, a municipal corporation of the State
of Florida (hereinafter referred to as "CITY").
WHEREAS, the COUNTY owns and operates Fort Lauderdale-Hollywood
International Airport; and
WHEREAS, on or about the first day of July, 2003, the COUNTY and BSO
entered into an Interlocal Agreement to provide for the delivery of fire protection
services by BSO within unincorporated areas including Fort Lauderdale — Hollywood
International Airport; and
WHEREAS, the Broward County Land Development Code grants BSO the
authority regarding the strategic locations of fire stations and the availability and
suitability of fire/rescue apparatus and equipment within Fort Lauderdale — Hollywood
International Airport and further provides that such apparatus and facilities shall be
under the administrative and operational control of BSO.
WHEREAS, BSO's Fire Marshal's Bureau has issued a directive requiring Fort
Lauderdale — Hollywood International Airport to provide an aerial fire apparatus to
service the Fort Lauderdale — Hollywood International Airport; and
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WHEREAS, the Fire Marshal has approved the CITY providing the aerial fire
apparatus and personnel as set forth herein in order to comply with the Fire Marshal's
directive; and
WHEREAS, CITY has the ability and is willing to provide fire protection services
as defined herein to the geographic areas of Fort Lauderdale — Hollywood International
Airport as described in Exhibit "A," attached hereto and made a part hereof (hereinafter
collectively referred to as the "Service Area"); and
WHEREAS, SHERIFF agrees to compensate CITY for the provision of such fire
protection services within the areas described in Exhibit "A"; and
WHEREAS, BSO, COUNTY and CITY have determined that it is mutually
beneficial and in the best interest of the public to enter into this Interlocal Agreement;
NOW, THEREFORE,
IN CONSIDERATION of the mutual covenants, promises, terms and conditions
set forth herein, BSO and CITY do hereby agree as follows:
ARTICLE 1
BACKGROUND, PURPOSE AND INTENT AND DEFINITIONS
1.1 The above recitals are true and correct and are incorporated herein as if set forth
in full hereunder.
1.2 It is the purpose and intent of this Interlocal Agreement for the CITY to provide
fire protection to the extent set forth herein within the Service Area, which is
defined in Section 2.7 of this Agreement.
1.3 CITY intends to provide services from the closest available fire station.
1.4 The parties understand and acknowledge that this Agreement is separate and
apart from any other agreement between the parties and that this Agreement and
the obligations set forth herein may not be modified, unless approved in writing
through an amendment to this Agreement executed with the same formalities as
set forth herein.
ARTICLE 2
DEFINITIONS AND IDENTIFICATIONS
2.1 Agreement -- means this document, Articles 1 through 10, inclusive. Other
terms and conditions are included in the exhibits and documents that are
expressly incorporated by reference.
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2.2 BSO Contract Administrator - The Fire Chief or designee shall be the Contract
Administrator for BSO. In the administration of this Agreement, as contrasted
with matters of policy, all parties may rely on the instructions or determinations
made by the BSO Contract Administrator; provided, however, that such
instructions and determinations do not change the scope of services.
2.3 CITY -- shall mean the City of Dania Beach, a municipal corporation
organized and existing under the laws of the State of Florida and located
within the boundaries of Broward County, Florida.
2.4 City Contract Administrator - The City Manager or designee shall be the
Contract Administrator for the City of Dania Beach. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the County Contract Administrator;
provided, however, that such instructions and determinations do not change the
scope of services.
2.5 CITY Aerial Fire Apparatus — Any aerial fire apparatus stationed in the CITY
and staffed by BSO personnel assigned to the CITY.
2.6 Effective Date -- shall mean the date the agreement is fully executed by all
parties.
2.7 Fire Protection Services — means fire suppression services requiring a City
Aerial Fire Apparatus within the Airport, including but not limited to, the
Consolidated Rental Car Facility and any other building or structure within the
Airport requiring an aerial fire apparatus response.
2.8 Response Time — means the elapsed time period from the time the unit
receives dispatch from SHERIFF's CAD until the appropriate unit arrives on
the scene of the incident as recorded in SHERIFF's CAD system.
2.9 Service Area — means the geographic area that includes all areas within
Fort Lauderdale-Hollywood International Airport including, but not limited
to, the Consolidated Rental Car Facility and any other building or structure within
the Airport requiring an aerial fire apparatus response within said geographic
area.
2.10 SHERIFF -- shall mean the duly elected and qualified Sheriff of Broward County,
Florida.
ARTICLE 3
SCOPE OF SERVICES
5 RESOLUTION#2011-086
3.1 The CITY authorizes BSO to provide fire protection services, as defined in
Section 2.6 of this Agreement, within the Airport, including but not limited to, the
Consolidated Rental Car Facility and any other building or structure within the
Airport requiring an aerial fire apparatus response.
3.2 The CITY authorizes BSO to provide CITY Aerial Fire Apparatus and its
personnel from the City to respond to all NFIRS main categories of fire and fire-
related categories requiring an aerial fire apparatus response occurring in the
Service Area. The BSO provided CITY Aerial Fire Apparatus will be staffed by a
minimum of three (3) fire rescue personnel and be ready to respond, when
available, on a twenty-four (24) hours per day, seven (7) days per week, three
hundred sixty-five (365) days per year.
3.3 BSO shall report its responses of a CITY Aerial Fire Apparatus to incidents within
the Service Area to the CITY on a quarterly basis commencing the first quarter
after the Effective Date of this Agreement. BSO agrees to include in its quarterly
reports all addresses, incident type, and response times where BSO has
responded in a CITY Aerial Fire Apparatus to an incident within the Service Area.
ARTICLE 4
TERM OF AGREEMENT
4.1 This Agreement shall commence on the Effective Date and shall remain in full
force and effect through September 30, 2014 unless otherwise renewed or
terminated as provided herein.
4.2 This Agreement may be renewed annually thereafter upon mutual written
agreement of the parties as to the terms and conditions agreed upon at such
time.
4.3 This Agreement may only be terminated as provided for in this Agreement or
otherwise agreed upon in writing by the parties.
ARTICLE 5
TERMINATION
5.1 This Interlocal Agreement shall be deemed automatically terminated and of no
further force and effect if BSO or CITY have filed or consented to the filing of a
petition for reorganization or bankruptcy or is otherwise adjudicated insolvent.
5.2 Either party may terminate this Agreement, with or without cause, upon providing
the other party with no less than sixty (60) calendar days prior written notice.
6 RESOLUTION#2011-086
5.3 In the event the funds to finance this Agreement become unavailable or are not
allocated by the COUNTY, BSO may provide CITY with thirty (30) calendar days
written notice of termination. Nothing in this Agreement shall be deemed or
construed to prevent the parties from negotiating a new agreement in this event.
ARTICLE 6
DEFAULT
If either party fails to perform or observe any of the material terms and conditions of this
Interlocal Agreement, after receipt of written notice of such default from the other party,
the party giving notice of default may be entitled, but is not required, terminate the
agreement or seek specific performance of this Interlocal Agreement on an expedited
basis as the performance of the material terms sand conditions contained herein relate
to the health, safety, and welfare of the residents subject to this Interlocal Agreement.
The parties acknowledge that money damages or other legally available remedies may
be inadequate for the failure to perform, and that the party giving notice is entitled to
obtain an order requiring specific performance by the other party. 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 7
COMPENSATION
The CITY will receive the Broward County approved per call rate for each call for fire
protection services, as defined in Section 2.6 of this Agreement, in which a CITY Aerial
Fire Apparatus responds to within the Service Area. The Broward County approved
rate on the Effective Date of this Agreement is one thousand dollars ($1,000.00) per
call. In the event Broward County approves a higher per call rate, the CITY shall be
entitled to such rate for such fire protection calls. The City shall submit a quarterly
invoice to BSO detailing the fire protection service calls responded to by a CITY Aerial
Fire Apparatus within the Service Area. BSO will make payment to the CITY within
twenty (20) calendar days after receipt of the CITY's invoice, unless such invoice is
otherwise objected to by BSO.
ARTICLE 8
LIABILITY
7 RESOLUTION#2011-086
8.1 CITY and BSO shall each be separately liable and responsible for the actions of
its officers agents and employees in the performance
rmance of their respective
obligations under this Interlocal Agreement.
8.2 CITY and BSO shall each independently defend any action or proceeding
brought against their respective agency pursuant to this Interlocal Agreement
and shall be separately responsible for all of their respective costs, attorney 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, including appellate proceedings.
8.3 CITY agrees to indemnify and/or hold harmless BSO, to the extent provided by
law, for any claims, demands, damages and causes of action which may be
brought against either party pursuant to this Interlocal Agreement as a result of
the acts, omission or negligence of CITY, its' agents, sub-contractors, employees
or officers in the performance of their respective obligations under this
Agreement.
ARTICLE 9
MISCELLANEOUS
9.1 Joint Preparation: The preparation of this Interlocal 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.
9.2 Merger: This Interlocal Agreement incorporates and includes all prior
negotiations, correspondence, 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, the parties
agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. It is further agreed that no
change, amendment, alteration or modification in the terms and conditions
contained herein shall be effective unless contained in a written document
executed with the same formality and of equal dignity herewith by all parties to
this Interlocal Agreement.
9.3 Assignment: The respective obligations of the parties set forth herein shall not be
assigned, or subcontracted in whole or in part, without the written consent of the
other party.
9.4 Records and audit: CITY and BSO shall each maintain their own respective
records and documents associated with this Interlocal Agreement in accordance
8 RESOLUTION#2011-086
with the requirements for records retention set forth in Chapter 119, Florida
Statutes. Each party shall have the right to audit the books, records, and
accounts of the other that are related to this Interlocal Agreement including, but
not limited to those relating to, costs, revenues and special assessments. In
addition, each party shall keep such books, records, and accounts as may be
necessary in order to record complete and correct entries related to this Interlocal
Agreement. Each party shall preserve and make available, at reasonable times
for examination and audit by the other, all financial records, supporting
documents, statistical records, and any other documents pertinent to this
Interlocal Agreement. If an audit has been initiated and audit findings have not
been resolved, the books, records, and accounts shall be retained until resolution
of the audit findings. No confidentiality or non-disclosure requirement of either
federal or state law shall be violated by either party.
9.5 Contract Administrators: The Contract Administrators for this Interlocal
Agreement are the BSO director of the Department of Fire Rescue and
Emergency Services or designee for BSO, and CITY's City Manager or designee
for CITY. In the implementation of the terms and conditions of this Interlocal
Agreement, as contrasted with matters of policy, all parties may rely upon
instructions or determinations made by the respective Contract Administrators.
9.6 Governing Law and Venue: This Interlocal Agreement shall be governed,
construed and controlled according to the laws of the State of Florida without
regard to its conflict of laws provisions. Any claim, objection or dispute arising
out of the terms of this Interlocal Agreement shall be litigated in the Seventeenth
Judicial Circuit in and for Broward County, Florida.
9.7 Severability: In the event a portion of this Interlocal Agreement is found by a
court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless CITY or BSO elects to terminate this Interlocal
Agreement. An election to terminate this Interlocal Agreement based upon this
provision shall be made within seven (7) calendar days after the court
determination becomes final. For the purposes of this section, "final" shall mean
the expiration of time within which to file an appeal or the conclusion of any
appellate proceeding and the granting of an order. In such an event, CITY and
BSO agree to cooperate fully with the other to effectuate a smooth transition of
services.
9.8 Notices: Whenever either party desires to give notice to the other, such notice
must be in writing and sent by United States mail, return receipt requested,
courier, evidenced by a delivery receipt or by an overnight express delivery
service addressed to the party for whom it is intended at the place last specified;
and the place for giving 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 as the respective places for
giving of notice. Notice shall be effective upon delivery.
9 RESOLUTION#2011-086
FOR BSO:
Director of Department of Fire Rescue and Emergency Services
Broward Sheriffs Office
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
with a copy to:
Office of the General Counsel
Broward Sheriffs Office
2601 West Broward Boulevard
Fort Lauderdale, Florida 33312
FOR CITY:
City Manager
City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
For County:
County Administrator
Broward County
115 S. Andrews Avenue
Fort Lauderdale, Florida 33301
With a copy to:
County Attorney
Broward County, Florida
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
9.9 Nondiscrimination: CITY's and BSO's decisions regarding the delivery of services
under this Interlocal Agreement shall be made without regard to or consideration
of race, age, religion, color, gender, sexual orientation (Broward County Code,
Chapter 16 1/2), national origin, marital status, physical or mental disability,
political affiliation, or any other factor which cannot be lawfully used as a basis for
service delivery.
10 RESOLUTION#2011-086
CITY and BSO shall not engage in or commit any discriminatory practice in
violation of the Broward County Human Rights Act (Broward County Code,
Chapter 16 1/2) in performing any services pursuant to this Interlocal Agreement.
9.10 Third Party Beneficiaries: Neither the CITY nor BSO intend that any person shall
have a cause of action against either of them as a third party beneficiary under
this Interlocal Agreement. Therefore, the parties agree that there are no third
party beneficiaries to this Interlocal Agreement and that no third party shall be
entitled to assert a claim against either of them based upon this Interlocal
Agreement. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Interlocal
Agreement.
9.11 Performance: CITY and BSO represent that all persons performing the services
required under this Interlocal Agreement have the knowledge and skills, either by
training, experience, education, or a combination thereof, to adequately and
competently perform the duties, obligations, and services set forth in the scope of
services. Both parties shall perform their respective duties, obligations, and
services under this Interlocal Agreement in a skillful and respectable manner.
9.12 Materiality and Waiver of Breach: BSO and CITY agree that each requirement,
duty, and obligation set forth herein is substantial and important to the formation
of this Interlocal Agreement and, therefore, is a material term hereof.
Either party's failure to enforce any provision of this Interlocal Agreement shall
not be deemed a waiver of such provision or modification of this Interlocal
Agreement. A waiver of any breach of a provision of this Interlocal 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 Interlocal Agreement.
9.13 Compliance with Laws: The parties shall comply with all federal, state, and local
laws, codes, ordinances, rules, and regulations in performing its duties,
responsibilities, and obligations pursuant to this Interlocal Agreement.
9.14 Priority of Provisions: If there is a conflict or inconsistency between any term,
statement, requirement, or provision of any exhibit attached hereto, any
document or events referred to herein, or any document incorporated into this
Interlocal Agreement by reference and a term, statement, requirement, or
provision of this Interlocal Agreement, the term, statement, requirement, or
provision contained in Articles 1 through 8 of this Interlocal Agreement shall
prevail and be given effect.
9.15 Amendments: Except as expressly authorized in this Interlocal Agreement, no
modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
11 RESOLUTION#2011-086
the same or similar formality as this Interlocal Agreement and executed by BSO
and CITY.
9.16 Conflicts: Neither party subcontract nor its employees shall have or hold any
continuing or frequently recurring employment or contractual relationship that is
substantially antagonistic or incompatible with that party's loyal and
conscientious exercise of judgment related to its performance under this
Interlocal Agreement.
The parties agree that none of its subcontractors, officers or employees shall,
during the term of this Interlocal Agreement, serve as an expert witness against
the other in any legal or administrative proceeding related to performance under
this Interlocal Agreement in which he or she is not a party, unless compelled by
court process. Further, the parties agree that such persons shall not give sworn
testimony or issue a report or writing, as an expression of his or her expert
opinion, which is adverse or prejudicial to the interests of the other party or in
connection with any such pending or threatened legal or administrative
proceeding related to the performance under this Interlocal Agreement. The
limitations of this section shall not preclude either party or any other persons from
representing themselves in any action or in any administrative or legal
proceeding related to the performance under this Interlocal Agreement.
9.17 Independent Contractor: CITY and BSO are independent contractors under this
Interlocal Agreement. Services provided by the parties shall be by employees,
agents or approved subcontractors of the respective party and subject to
supervision by that party. In providing such services, neither CITY's or BSO's
officers, employees, agents or approved subcontractors shall act as officers,
employees, or agents of the other party. This Interlocal Agreement shall not
constitute or make the parties a partnership or joint venture. Personnel policy,
tax responsibilities, social security, health insurance, employee benefits, travel,
per diem policy, purchasing policies and any other similar administrative
procedures applicable to services rendered under this Interlocal Agreement shall
be those of the respective party.
9.18 Multiple Originals: This Interlocal Agreement may be fully executed in five (5)
copies by all parties, each of which, bearing original signatures, shall have the
force and effect of an original document.
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12 RESOLUTION#2011-086
INTERLOCAL AGREEMENT BETWEEN BROWARD SHERIFF'S OFFICE AND
BROWARD COUNTY AND THE CITY OF DANIA BEACH PROVIDING FOR
DELIVERY OF FIRE PROTECTION SERVICES AUTHORIZED BY THE CITY OF
DANIA BEACH WITHIN FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL
AIRPORT
IN WITNESS WHEREOF, the parties hereby execute this Agreement on the date(s) set
forth below:
BSO
BROWARD SHERIFF'S OFFICE
Date:
AL LAMBERTI, SHERIFF
Approved as to form and legal sufficiency
Subject to execution by the parties:
By Date:
JUDITH LEVINE, GENERAL COUNSEL
CITY
ATTEST: CITY OF DANIA BEACH
By: By:
Louise Stilson, CMC Patricia A. Flury, Mayor
City Clerk
day of August, 2011
APPROVED AS TO FORM:
By:
Thomas J. Ansbro
City Attorney
13 RESOLUTION#2011-086
COUNTY
ATTEST: BROWARD COUNTY, by and through
its Board of County Commissioners
Broward County Administrator, as By
Ex-officio Clerk of the Broward County Mayor
Board of County Commissioners
day of , 2011.
Approved as to form by
Office of the County Attorney
for Broward County, Florida
JONI ARMSTRONG COFFEY, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Insurance and security requirements Fort Lauderdale, Florida 33301
approved by Broward County Telephone: (954) 357-7600
Risk Management Division Telecopier: (954) 357-7641
By
By
Assistant County Attorney
14 RESOLUTION#2011-086