CITY OF TAMARAC NOTICE OF WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FL City Hall - Conference Room 105 April 9, 2018

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1 CITY OF TAMARAC NOTICE OF WORKSHOP MEETING CITY COMMISSION OF TAMARAC, FL City Hall - Conference Room 105 April 9, 2018 CALL TO ORDER: 9:30 a.m. ROLL CALL: PLEDGE OF ALLEGIANCE: Commissioner Debra Placko 1. TR Oakland Park Automatic & Mutual Aid Agreement Item No. 6 (c) on the Consent Agenda. A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve and to execute an automatic and mutual aid agreement between the City of Tamarac and the City of Oakland Park; allowing for the provision of cooperative emergency medical and fire protection services for a term commencing immediately upon execution of the agreement for one (1) year term with automatic one (1) year renewals; providing for conflicts; providing for severability; and providing for an effective date. - Fire Chief Percy Sayles 2. TO Amending Ordinance Adoption of FY18 Operating & Capital Budget Item No. 8 (a) on Ordinance(s) - First Reading. (TO2374) An Ordinance of the City Commission of the City of Tamarac, Florida, Amending Ordinance , which adopted the City of Tamarac Operating Budget, Revenues And Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2018, by increasing the Total Revenues and Expenditures by a total of $2,100,112 as detailed in Attachment A Attached Hereto And Summarized In Attachment B; Providing for Conflicts; Providing for Severability; Providing for an Effective Date. - Financial Services Director Mark Mason Commission District(s): Citywide 3. TO Creating a Vacation Rental Registration Program Item No. 8 (b) on Ordinance(s) - First Reading. (TO2375) An Ordinance of the City of Tamarac, Florida, amending Chapter 12 of the Code of Ordinances, entitled Licenses and Business Regulations, to create article xvi, to be entitled Vacation Rentals Registration; providing for the regulation of vacation rentals as defined herein; providing for definitions, process for issuance of vacation rental permits, requirements, regulations, and standards for vacation rentals, compliance inspections, suspension and revocation of vacation rental permits; providing for penalty and enforcement; providing for conflicts; providing for severability; providing for codification; and providing an effective date. - Community Development Director Maxine Calloway Commission District(s): Citywide

2 4. TR Authorizing Four Week Hiatus Item No 6 (a) on the Consent Agenda. (TR13080) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a four-week consecutive period (July 15, 2018 August 12, 2018) during which time the City Commission Will not schedule any regular meetings pursuant to section 4.06(a) of the City Charter; providing for conflicts; providing for severability; and providing an effective date. - City Clerk Patricia Teufel 5. Discussion - Selection of Director, Alternate and Second Alternate to Broward League of Cities Discussion - Selection of Director, Alternate and Second Alternate to Broward League of Cities - City Clerk Patricia Teufel 6. Other Other The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter , Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: or Patricia Teufel, CMC City Clerk

3 9:30 a.m. Title - 9:30 a.m.

4 Commissioner Debra Placko Title - Commissioner Debra Placko

5 Title - TR Oakland Park Automatic & Mutual Aid Agreement Item No. 6 (c) on the Consent Agenda. A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve and to execute an automatic and mutual aid agreement between the City of Tamarac and the City of Oakland Park; allowing for the provision of cooperative emergency medical and fire protection services for a term commencing immediately upon execution of the agreement for one (1) year term with automatic one (1) year renewals; providing for conflicts; providing for severability; and providing for an effective date. - Fire Chief Percy Sayles ATTACHMENTS: Description Upload Date Type TR#13084 Memo 3/27/2018 Cover Memo TR#13084 Resolution 3/27/2018 Resolution TR#13084 Exhibit 1 3/27/2018 Exhibit TR#13084 Exhibit A-B 3/27/2018 Exhibit TR#13084 Exhibit C 3/27/2018 Exhibit

6 CITY OF TAMARAC INTEROFFICE MEMORANDUM FIRE RESCUE DEPARTMENT TO: Michael C. Cernech City Manager FROM: Percy Sayles, Fire Chief DATE: March 26, 2018 RE: TR#13084 Oakland Park Automatic and Mutual Aid Agreement Recommendation: To place TR #13084 on the Agenda for the City Commission meeting on April 25, 2018 to approve an Automatic and Mutual Aid Agreement between the City of Tamarac and the City of Oakland Park to provide cooperative Emergency Medical and Fire Protection Services Issue: The proposed Agreement formally outlines an Automatic and Mutual Aid Program developed jointly by the Cities. Improved Fire Rescue Services will result within the areas involved. This Agreement is designed to be a reciprocal, balanced exchange of services and does not involve any financial compensation between the parties involved. Background: The Cities of Tamarac and Oakland Park provide similar services and their geographic location will allow each to assist the other in the provision of efficient and reliable response to emergency calls. Improved services will be noted as a result of reduced response times and increased resources available at emergency scenes. This proposed Automatic and Mutual Aid Agreement builds on the approach of sending the closest most appropriate unit to calls for emergency service irrespective of jurisdictional boundaries. This agreement will cover all areas within the boundaries of both cities. The agreement also keeps intact the mutual aid agreement which covers all cities in Broward County. To clarify, automatic aid is the provision of emergency services by an outside agency using predetermined response type and geographic parameters. Conversely, mutual aid is a request for outside resources once it has been determined internal resources are insufficient. The Fire Chiefs of each city have agreed to work closely together to determine the most appropriate response zones to ensure optimal response and call equity. The duration of this agreement is for one year with automatic renewals. The agreement may be terminated by either party with 60 day written notice. The effective date is upon approval by the City Commissions of both parties. The proposed Automatic and Mutual Aid Agreement is attached hereto as Exhibit 1 and includes the attachments that outline the geographic territories as Exhibit A and B, and a

7 TR Page 2 March 26, 2018 Business Associate Addendum between the City of Tamarac and the City of Oakland Park as Exhibit C. The Business Associate Addendum is to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 which mandates that certain responsibilities of contractors with access to Protected Health Information must be documented through a written agreement. Fiscal Impact: There is no fiscal impact to the City for the Automatic and Mutual Aid Agreement between the City of Tamarac and the City of Oakland Park. Page 2 of 2

8 Temp. Reso #13084 Page 1 April 26, 2018 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R 2018-XXXX A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND TO EXECUTE AN AUTOMATIC AND MUTUAL AID AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF OAKLAND PARK; ALLOWING FOR THE PROVISION OF COOPERATIVE EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES FOR A TERM COMMENCING IMMEDIATELY UPON EXECUTION OF THE AGREEMENT PROVIDING FOR ONE (1) YEAR TERM WITH AUTOMATIC ONE (1) YEAR RENEWALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to improve the level of fire and emergency medical services provided to our community; and WHEREAS, a cooperative agreement with adjacent communities would improve emergency medical and fire services to each community; and WHEREAS, similar levels of emergency medical and fire services are provided by Tamarac and Oakland Park; and WHEREAS, operational coordination of certain fire protection and emergency medical services would provide improved protection within each service area; and WHEREAS, this proposed agreement builds on the approach of sending the closest most appropriate unit to calls for emergency service irrespective of jurisdictional boundaries; and

9 Temp. Reso #13084 Page 2 April 26, 2018 WHEREAS, in conjunction with the Automatic and Mutual Aid Agreement attached hereto as Exhibit 1 and its attachments outline the geographic territories as Exhibits A, and B, and a Business Associate Addendum between the City of Tamarac and the City of Oakland Park as Exhibit C; and WHEREAS, the term of the agreement shall commence immediately upon execution of the Automatic and Mutual Aid Agreement for a duration of one (1) year term with automatic one (1) year renewals; the Agreement may be terminated by either party with 60 day written notice; and WHEREAS, The City Manager and the Fire Chief recommend the approval and execution of the Automatic and Mutual Aid Agreement between the City of Tamarac and Oakland Park; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to participate in an Automatic and Mutual Aid Agreement with Oakland Park to provide for cooperative fire and emergency medical services. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: Section 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct, and are incorporated herein and made a specific part of this Resolution. All Exhibits attached hereto are expressly incorporated herein and made a part hereof. Section 2: The appropriate City Officials are hereby authorized to approve the Automatic and Mutual Aid Agreement between the City of Tamarac and the City of Oakland Park, providing for cooperative automatic fire and emergency medical services; attached hereto as Exhibit 1.

10 Temp. Reso #13084 Page 3 April 26, 2018 Section 3: All Resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. passage and adoption. Section 5: This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this day of, ATTEST: HARRY DRESSLER MAYOR PAT TEUFEL, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY

11 AGREEMENT BY AND BETWEEN CITY OF OAKLAND PARK AND CITY OF TAMARAC PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES This Agreement is made and entered this day of, 2018 by and between: the CITY OF OAKLAND PARK, a municipal corporation of the State of Florida (hereinafter called "OAKLAND PARK") and the CITY OF TAMARAC, a municipal corporation of the State of Florida (hereinafter called "TAMARAC"). ARTICLE 1 BACKGROUND: PURPOSE AND INTENT AND DEFINITIONS 1.1 It is the purpose and intent of this agreement for OAKLAND PARK and TAMARAC, pursuant to Section , 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 OAKLAND PARK and TAMARAC 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 parties 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 Automatic Aid Coverage: means the temporary assignment of one (1) Pumper staffed with three (3) State Certified Firefighters or One (1) Rescue staffed with a minimum of two firefighter/paramedics to provide fire rescue services in a different Primary Response Zone from the Primary Response Zone in which the apparatus and personnel are normally assigned. Such temporary assignment will generally be incorporated into the respective jurisdictions computer-aided dispatch (CAD) system. Automatic aid will be used for the specific response types defined in Article Incident Command: means the first arriving unit will assume initial Incident Command, in accordance with the current Fire Chief's Association of Broward County Incident Command Procedure, until arrival of a Primary Jurisdiction Response Unit, at which time the Primary Jurisdiction Unit may assume Incident Command at its sole 1

12 discretion Mutual Aid: means at the time of fire, rescue, emergency or disaster, the Primary Response Zone Units may have firefighting, rescue, emergency or disaster relief related demands made upon its equipment and/or personnel, greater than the capacity of the equipment and/or personnel available within its own department, thereby requiring assistance from another agency. When local resources are determined to be inadequate to respond to the fire, rescue, emergency or disaster the Incident Commander will request assistance through Broward County MARS (Mutual Aid Request System) 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 by a single resource. The Primary Response Zones for each party are outlined in Exhibit A Responding Party: means the agency which is providing assistance to another agency which has declared an emergency incident Requesting Party: means the agency which is requesting assistance from an outside agency to assist in mitigating an emergency incident. 1.4 For purposes of this Agreement, the Primary Response Zones to be covered, or response types responded to by the parties may be amended during the term of this agreement through mutual agreement in writing by the Fire Chiefs of OAKLAND PARK and TAMARAC. Such changes will be designed to improve response times or otherwise increase the efficiency of services provided pursuant to this Agreement. 1.5 Both parties agree to review service response demands on a bi-annual basis. The parties agree that the Fire Chiefs of OAKLAND PARK and TAMARAC will make adjustments in response area and/or response types to limit any unnecessary demand on either party. ARTICLE 2 COVERAGE COMMITMENT 2.1 Mutual Aid: Upon request, the parties agree to provide mutual aid coverage to each other unless otherwise unavailable Terms and Procedures: A A participating agency will answer for mutual aid only to the extent that the available personnel and equipment are not required for adequate protection of that agency's jurisdiction. The Chief of the agency, or designee, shall have the sole authority to determine the amount of personnel and equipment, if any, available for cooperative assistance. B A request for mutual aid shall be made by the Chief of the agency, or designee. C Whenever the employees of one party to this agreement are rendering aid to the other party pursuant to the authority contained in this agreement, such employees shall have the same powers, duties, rights and immunities as if they were taking action within their employing jurisdiction. 2

13 2.2 Automatic Aid: The parties agree to provide automatic aid coverage, as defined in Section Automatic Aid, Response Types. Automatic Aid Coverage, as defined in Section 1.3.1, shall be activated for the following emergency incidents: A B C D E Residential or Commercial Structure Fire Building Collapse High Priority Medical Calls Vehicle Accidents with extrication Any other incidents approved by both the Fire Chief of Oakland Park and the Fire Chief of Tamarac. ARTICLE 3 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OAKLAND PARK and TAMARAC shall be responsible for complying with all federal, state and local laws, rules, regulations, and codes including, but not limited to, the Health Insurance Portability and Accountability Act ("HIPAA") and its implementing regulations. OAKLAND PARK and TAMARAC shall comply with the provisions stated in the Business Associates Addendum, which is attached hereto as Exhibit "C." ARTICLE 4 LIABILITY 4.1 The parties shall defend any action or proceeding brought against its respective agency arising in connection with this agreement and shall be responsible for all its own costs, attorney s 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. 4.2 Each party is entitled to the privileges and protections of sovereign immunity pursuant to Section , Fla. Stat., and subject to the limitations of that provision 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. 4.3 Neither party hereto shall be deemed to have waived its sovereign immunity by entering into this Agreement. 4.4 For purposes of this Article, any use of the words "individually, separate, and each"" are intended to refer to each agency's independent responsibilities and shall not be construed, in any manner, to impose personal liability upon OAKLAND PARK and TAMARAC commissioners, or any other individual. 3

14 ARTICLE 5 TERMINATION 5.1 This Agreement may be terminated upon sixty (60) days written notice given by either party as provided in Section 8.6 herein. 5.2 This Agreement shall be deemed automatically terminated and of no further force and effect if either Party has filed or consented to the filing of a petition for reorganization or bankruptcy or is otherwise adjudicated insolvent. ARTICLE 6 DEFAULT 6.1 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) days after receipt of written notice of such 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 7 TERM OF AGREEMENT 7.1 The obligation to perform under this Agreement shall commence as of the date in which the last party executes this agreement. 7.2 Unless terminated earlier as provided for hereinabove, the term of this Agreement shall be from the date of commencement as provided for in paragraph 7.1 above. Thereafter, this Agreement shall be automatically renewed for one-year terms, unless either party notifies the other in writing, not later than sixty (60) days prior to the expiration of this Agreement or any renewal term of this Agreement, of its intent not to renew. 7.3 In the event either Party enters into joint powers, consolidated service area, or interlocal agreement which includes additional parties that agreement may supersede and provide for termination of this Agreement. ARTICLE 8 MISCELLANEOUS 8.1 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. 8.2 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 modification in the terms and conditions contained herein shall be effective unless contained in a written document signed by 4

15 OAKLAND PARK and TAMARAC. 8.3 Records: Each party 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 related to this Agreement that are generated during the term of this Agreement. The parties shall maintain the records, books, documents and papers associated with this Agreement in accordance with the records retention schedules outlined in the Florida Statutes for said records. 8.4 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 Chiefs, or designees, of OAKLAND PARK and TAMARAC. 8.5 Recordation/Filing: With the Office of the County Administrator of Broward County, Florida, as required by Section (11), Florida Statutes. 8.6 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. FOR THE CITY OF OAKLAND PARK City Manager City of Oakland Park 3650 NE 12 th Avenue Oakland Park Florida FOR THE CITY OF TAMARAC City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, Florida Automatic Aid Agreements: Both parties 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. 8.8 Third Party Beneficiaries: Neither Party 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. 8.9 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 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 5

16 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 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 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 becomes final 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. Both parties hereby agree to waive a jury trial, and will proceed to a trial by judge, if necessary. Should the parties be involved in legal action arising under, or connected to, this Agreement, each party will be responsible for their own attorney's fees and costs Multiple Originals: Multiple copies of this Agreement may be fully executed by all parties, each of which shall be deemed to be an original C.O.N.: Both parties shall maintain, throughout the term of this Agreement, an ALS Rescue Certificate of Public Convenience and Necessity ("C.O.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 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. 6

17 [Intentionally Left Blank] 7

18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND THE CITY OF TAMARAC, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES WITH THE CITY OF OAKLAND PARK. CITY OF OAKLAND PARK ATTEST: CITY OF OAKLAND PARK By: By: City Clerk, Renee M. Shrout Mayor, Tim Lonergan Day of, 2018 APPROVED AS TO FORM: City Attorney 8

19 INTERLOCAL AGREEMENT BETWEEN THE CITY OF OAKLAND PARK AND THE CITY OF TAMARAC, PROVIDING FOR AUTOMATIC AND MUTUAL AID OF FIRE RESCUE SERVICES WITH THE CITY OF TAMARAC. CITY OF TAMARAC ATTEST: By: Pat Teufel, CMC City Clerk CITY OF TAMARAC By: Mayor Harry Dressler Day of, 2018 APPROVED AS TO FORM: Samuel S. Goren, City Attorney 9

20 EXHIBIT A GEOGRAPHIC AREAS TAMARAC: OAKLAND PARK: Within the corporate limits of the City of Tamarac. Within the corporate limit of the City of Oakland Park. These boundaries are graphically displayed on the map attached as Exhibit B.

21 NW 136TH AVE N FLAMINGO RD SAWGRASS EXPY HIATUS RD CORAL RIDGE DR NW 65TH AVE NW 56TH AVE N SR7 LYONS RD NW 31ST AVE EXHIBIT B - MAP STA FIRE STATION LOCATOR ADDRESS Hiatus Rd, Tamarac NW 88th Ave, Tamarac W Commercial Blvd, Tamarac N University Dr. Tamarac NE 38th Street, Oakland Park NW 9th Ave, Oakland Park NW 39th Street, Oakland park ROYAL PALM BLVD CORAL SPRINGS DR CORAL SPRINGS RAMBLEWOOD DR RIVERSIDE DR MARGATE COCONUT CREEK PKY BANKS RD CITY OF TAMARAC FIRE STATION AUTOMATIC AID AGREEMENTS LEGEND G 15 FIRE STATION NUMBER & LOCATION NOB HILL RD SOUTHGATE BLVD UNIVERSITY DR SW 81ST AVE W ATLANTIC BLVD KIMBERLY BLVD S SR7 COCONUT CREEK LYONS RD S NW 31ST AVE CITY POMPANO OF TAMARAC BEACH AND CITY OF OAKLAND PARK E G N NOB HILL RD 15 G 41 W MCNAB RD TAMARAC N PINE ISLAND RD N UNIVERSITY DR G W COMMERCIAL BLVD NW 50TH ST 36 INVERRARY BLVD NORTH LAUDERDALE NW 64TH AVE BAILEY RD ROCK ISLAND RD G 78 NW 62ND ST FORT LAUDERDALE TAMARAC W PROSPECT RD G 20. NW 44TH ST NW 120TH WAY LAUDERHILL LAUDERDALE LAKES W OAKLAND PARK BLVD G G9 87 OAKLAND PARK NW 9TH AVE SUNRISE SUNSET STRIP FLORIDA TPKE NW 19TH ST NW 21ST AVE W SUNRISE BLVD NW 23RD AVE HIATUS RD CLEARY BLVD NW 5TH ST N SR7 I595 W BROWARD BLVD Miles

22 EXHIBIT C Business Associate Addendum BUSINESS ASSOCIATE ADDENDUM BETWEEN CITY OF OAKLAND PARK AND CITY OF TAMARAC FOR THE DELIVERY OF AUTOMATIC AND MUTUAL AID FIRE SERVICE This BUSINESS ASSOCIATE ADDENDUM references the following Agreement by and between the City of OAKLAND PARK, (hereinafter each is referred to as "OAKLAND PARK) a municipal corporation organized and existing under the laws of the State of Florida, and the CITY OF TAMARAC, a municipal corporation organized and existing under the law of the State of Florida (hereinafter each is referred to as "BUSINESS ASSOCIATE"). WHEREAS, the parties entered into an Agreement providing for Business Associates to provide automatic aid coverage to each other; and WHEREAS, the operation of such programs is subject to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA); and WHEREAS, the requirements of HIPAA mandate that certain responsibilities of contractors with access to Protected Health Information as defined under HIPAA must be documented through a written agreement; and WHEREAS, the BUSINESS ASSOCIATES desire to comply with the requirements of HIPAA and acknowledge respective responsibilities; and WHEREAS, in conjunction with the Automatic and Mutual Aid Agreement, this BUSINESS ASSOCIATE Addendum is made and entered into by and between OAKLAND PARK and BUSINESS ASSOCIATE; NOW, THEREFORE, The parties enter into this BUSINESS ASSOCIATE Addendum for the consideration set out below, all of which is deemed to be good and sufficient consideration in order to make this BUSINESS ASSOCIATE Addendum a binding legal instrument. 8

23 Definitions All terms used in this Addendum not otherwise defined shall have the meaning as those terms in 45 CFR 164 [hereinafter called, the "HIPAA Privacy Rule". Obligations and Activities of the Business Associates BUSINESS ASSOCIATES agree to not use or disclose Protected Health Information other than as permitted or required by this special agreement or as required by law. BUSINESS ASSOCIATES agree to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as permitted or required by this Addendum or as required by law. BUSINESS ASSOCIATES agree to mitigate, to the extent possible, any harmful effect that is known to BUSINESS ASSOCIATE of a use or disclosure of Protected Health Information by BUSINESS ASSOCIATE in violation of the requirements of this Addendum. BUSINESS ASSOCIATES agree to report to the other party any use or disclosure of the Protected Health Information not provided for by this Addendum of which it becomes aware. BUSINESS ASSOCIATES agree to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from the other party or created or received on behalf of the other party by the BUSINESS ASSOCIATE, agrees to the same restrictions and conditions that apply through this Addendum to the BUSINESS ASSOCIATE with respect to such information. BUSINESS ASSOCIATES agree to provide access to the other party to all Protected Health Information in Designated Record Sets in a timely manner in order to meet the requirements under 45 CFR BUSINESS ASSOCIATES agree to make any amendments to Protected Health Information in a Designated Record Set as directed or agreed to by the other party pursuant to 45 CFR in a timely manner. BUSINESS ASSOCIATES agree to make internal practices, books and records, including policies and procedures and Protected Health Information, relating to the use and disclosure of Protected Health Information received from the other party or created or received on behalf of the other party available to the other party or to the Secretary of Health and Human Services or his designee within five (5) business days for the purposes of determining the BUSINESS ASSOCIATE'S compliance with the Privacy Rule. BUSINESS ASSOCIATES agree to document such disclosures of Protected Health Information and information related to such disclosures as would be required for the other party to respond to an individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR BUSINESS ASSOCIATES agree to provide the other party, or an individual under procedures approved by the other party, information and documentation collected in accordance with the preceding paragraph to respond to an individual requesting an accounting for disclosures as provided under 45 CFR BUSINESS ASSOCIATES agree that, to the extent feasible, upon expiration or termination of the Existing Contract for any reason, BUSINESS ASSOCIATE shall return or destroy and retain no copies 9

24 of all Protected Health Information received from, or created or received by BUSINESS ASSOCIATE on behalf of the other party. If return or destruction of such information is not feasible, BUSINESS ASSOCIATE shall continue to limit the use or disclosure of such information as set forth in this Agreement as if the Agreement had not been terminated. This provision should be read in harmony with Section 13.2 of the Existing Contract, entitled "Retention of Records for Audit and Public Records Purposes," so that records are retained for whichever retention period is longer. This provision shall survive the expiration or earlier termination of the Existing Contract(s). Permitted Uses and Disclosures Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use or disclose Protected Health Information to perform functions, activities, or services for, or on behalf of, the other party as specified in the Existing Contract, provided that such use or disclosure would not violate the Privacy Rule if done by the other party or the minimum necessary policies and procedures of the other party that are communicated to the BUSINESS ASSOCIATE in writing. Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected Health Information for the proper management and administration of the BUSINESS ASSOCIATE or to carry out the legal responsibilities of the BUSINESS ASSOCIATE. Except as otherwise limited in this Addendum, BUSINESS ASSOCIATE may use Protected Health Information to provide Data Aggregation services to the other party as permitted by 42 CFR (e)(2)(i)(b). BUSINESS ASSOCIATE may use Protected Health Information to report violations of law to appropriate federal and state authorities, consistent with 42 CFR (j)(1). Obligations of Each Party BUSINESS ASSOCIATE shall notify the other party of any limitations in its notice of privacy practices in accordance with 45 CFR , to the extent that such limitation may affect BUSINESS ASSOCIATE'S use of Protected Health Information. BUSINESS ASSOCIATE shall notify the other party of any changes in, or revocation of, permission by an individual to use or disclose Protected Health Information, to the extent that such changes may affect BUSINESS ASSOCIATE'S use of Protected Health Information. BUSINESS ASSOCIATE shall notify the other party of any restriction to the use or disclosure of Protected Health Information to which the other party has agreed in accordance with 45 CFR , to the extent that such changes may affect BUSINESS ASSOCIATE'S use of Protected Health Information. BUSINESS ASSOCIATE shall not request the other party to use or disclose Protected Health Information in any manner that would not be permissible under the Privacy Rule if done by the other party. Amendment The parties agree to take such action as is necessary to amend this Addendum from time to time as is necessary for the other party to comply with the requirements of the Privacy Rule and the Health Insurance Portability and Accountability Act of 1966, Public Law no

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26 Title - TO Amending Ordinance Adoption of FY18 Operating & Capital Budget Item No. 8 (a) on Ordinance(s) - First Reading. (TO2374) An Ordinance of the City Commission of the City of Tamarac, Florida, Amending Ordinance , which adopted the City of Tamarac Operating Budget, Revenues And Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2018, by increasing the Total Revenues and Expenditures by a total of $2,100,112 as detailed in Attachment A Attached Hereto And Summarized In Attachment B; Providing for Conflicts; Providing for Severability; Providing for an Effective Date. - Financial Services Director Mark Mason Commission District(s): Citywide ATTACHMENTS: Description Upload Date Type TO st Budget Amendment 4/2/2018 Cover Memo TO st Budget Amendment 4/2/2018 Ordinance

27 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT ADMINISTRATION DIVISION TO: Michael C. Cernech City Manager DATE: April 2, 2018 FROM: Mark C. Mason Director of Financial Services RE: TO #2374 Amending Ordinance Adoption of FY18 Operating & Capital Budget Recommendation: I recommend placing TO #2374 amending Ordinance which adopted the FY 2018 Annual Budget in the amount of $2,100,112 from $156,357,304 to $158,457,416. Issue: On September 25, 2017, the City Commission adopted Ordinance which established the annual Operating Budget, Revenues and Expenditures, Capital Budget and Financial Policies for Fiscal Year Pursuant to Section (3), a municipality may amend its budget at any time during the year or within 60 days following the end of the fiscal year. In addition, if any fund is increased or decreased then the budget amendment must be adopted in the same manner as the original budget unless otherwise specified in the charter of the respective municipality. The original budget was adopted via ordinance and the City of Tamarac s charter is silent on the matter. Background: Following is a summary of the recommended adjustments to the Fiscal Year 2018 Budget. Adpoted FUND TYPE Budget Ord Change Amendment #1 TO #2374 General Fund $ 62,905,031 $ 28,468 $ 62,933,499 Special Revenue Funds 30,678,566 60,000 30,738,566 Debt Service Funds 2,593,700 3,468 2,597,168 Capital Project Funds 12,179, ,000 12,389,048 Enterprise Funds 38,519,514 1,798,176 40,317,690 Internal Service Funds 9,481,445-9,481,445 Total $ 156,357,304 $ 2,100,112 $ 158,457,416

28 Amendments to the Budget generally reflect: o actions approved by the City Commission since the budget was adopted but not included in the original budget due to their unknown nature at the time o allocation of encumbrances (i.e. purchases approved in one fiscal year and being paid in the following fiscal year) o transfer of funds from a Non-Departmental account to other departments in the General Fund o items that have been evaluated for recommended inclusion in the current year budget due to updated information o additional capital improvements that have been identified and recommended to be started in the current year due to timing, pricing, etc. Items previously approved by the City Commission are as follows: R approved 11/8/2017 accepting a Community Planning Technical Assistance Grant from the Florida DCEO in the amount of $25,000 for inclusion of an Economic Development Element in the City's Comprehensive Plan. The grant is paid out as a reimbursement of expenditures. This Budget Amendment appropriates the necessary upfront funding needed by increasing Community Development operating expenditures and intergovernmental revenues in the General Fund. R approved 1/24/2018 approving agreement renewal amendment number 1 to the agreement with Prestige Property Management and Maintenance, Inc. for landscape maintenance services; authorizing annual expenditure not to exceed $1,331, This Budget Amendment decreases Non-Departmental contingency and increases Public Services Grounds Maintenance operating expenditures $114,461 in the General Fund. R approved 2/14/2018 authorized a purchase order agreement with Murphy Pipeline Contractors Inc., for an amount not to exceed $1,507, for replacing drainage main pipe along NW 54th Street, together with outfalls along Prospect Rd and NW 28th Ave; a contingency of $150, will be added for a total project budget of $658, (Project #SW18A). The project has been approved for a $500,000 State Appropriations Grant. This Budget Amendment does the following: (1) decreases contingencies for special projects and increases transfers out in the Stormwater Management Fund $1,018,208; (2) increases appropriation from fund balance and transfers out in the Stormwater Management Fund $139,984; (3) increases inter-fund transfers by $1,158,192 and intergovernmental revenues by $500,000 offsetting an increase in capital expenditures in the Stormwater Capital Fund in the amount of $1,658, of 4

29 R approved 3/14/2018 approving the upgrade of the Web Streaming Systems from Swagit Productions, LLC. the sole source provider of the equipment and service; authorizing an expenditure for an amount not to exceed $87,210. This Budget Amendment increases Information Technology capital expenditures for computer equipment and decreases Non-Departmental Contingency in the General Fund. R approved 3/28/2018 authorizing a new schedule to the existing master state & local government lease agreement with Lenovo Financial Services to lease 43 Lenovo computers and 20 docking stations for a term of 3 years at an annual cost of $17,255.92, amounting to a total cost of $51, This Budget Amendment increases Information Technology operating expenditures for rentals & leases-computer $17,256 and decreases Non-Departmental Contingency $17,256 in the General Fund. R approved 3/28/2018 approving the purchase and installation of a laserfiche Enterprise Content Management (ECM) System from MCCI, LLC.; authorizing an expenditure for an amount not to exceed $128,960.50, including the first year annual maintenance cost of $27, This Budget Amendment increases Information Technology operating expenditures for supplies-software $101,830, increases Information Technology operating expenditures for R&M service contracts $27,131 and decreases Non-Departmental Contingency $128,961 in the General Fund. Additional adjustments are recommended: General Fund adjustments to the budget include the following: Transferring the budget for encumbrances from non-departmental to the departmental budgets in the amount of $294,707 is as follows: o City Manager $11,854 o City Attorney $1,278 o City Clerk $8,487 o Financial Services $14,742 o Human Resources $563 o Community Development $12,321 o Public Works $108,308 o Parks and Recreation $49,197 (the majority of the encumbrance is attributable to pool management services by Jeff Ellis Management, LLC.) o IT $55,447 o Non-Departmental $32,510 Sweep the GO Bond Fund of any excess cash and move it to the General Fund in preparation to close Fund 238. This Budget Amendment does the following: (1) increases appropriation from fund balance and inter-fund transfers out in the General Obligation Bond Fund $3,468 and (2) increases inter-fund transfers in and Non-Departmental Contingency in the General Fund $3, of 4

30 Fire Rescue Fund adjustment to the budget includes the following: Appropriate fund balance and transfer out $60,000 from Fire Rescue Fund into the Capital Equipment Fund to increase the project budget for the Fire Alerting Systems Project (Project #FR17A). Building Fund adjustment to the budget includes the following: Decrease reserves and increase operating expenditures in the amount of $12,840 for encumbrances that were carried forward into FY 2018 for purchases made but not received in FY Capital Equipment Fund adjustment to the budget includes the following: Appropriate the $60,000 transferred in from the Fire Rescue Fund to increase the project budget for the Fire Alerting Systems Project (Project #FR17A). General Capital Improvement Fund adjustment to the budget includes the following: Recognize receipt of $150,000 from the developer at Woodmont pursuant to Section 14. of the Amended and Restated Developer s Agreement for a Road Study. This Budget Amendment increases the expenditure account used for transportation / professional services $150,000 and increases miscellaneous revenues / contributions and donations $150,000 in the General Capital Improvements Fund. Personnel adjustments to the budget include the following: Increase City Clerk budget to appropriate funding needed for the use of temporary employment services for 6 months during FY This Budget Amendment decreases Non-Departmental Contingency $13,475 and increases the expenditure account used for City Clerk employment agency fees in the General Fund. The attachments to the budget amendment provide detailed information for all adjustments included in the amendment. Specifically, Attachment A provides the information regarding increases and decreases as well as the amended budget amount with a reference to Attachment B that provides the detail associated with each adjustment. A presentation will be made supporting the recommended adjustments. 4 of 4

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41 Title - TO Creating a Vacation Rental Registration Program Item No. 8 (b) on Ordinance(s) - First Reading. (TO2375) An Ordinance of the City of Tamarac, Florida, amending Chapter 12 of the Code of Ordinances, entitled Licenses and Business Regulations, to create article xvi, to be entitled Vacation Rentals Registration; providing for the regulation of vacation rentals as defined herein; providing for definitions, process for issuance of vacation rental permits, requirements, regulations, and standards for vacation rentals, compliance inspections, suspension and revocation of vacation rental permits; providing for penalty and enforcement; providing for conflicts; providing for severability; providing for codification; and providing an effective date. - Community Development Director Maxine Calloway Commission District(s): Citywide ATTACHMENTS: Description Upload Date Type Memo 3/26/2018 Cover Memo Ordinance 3/26/2018 Ordinance

42 INTEROFFICE MEMORANDUM COMMUNITY DEVELOPMENT TO: Michael C. Cernech, City Manager FROM: Maxine Calloway, Director of Community Development DATE: March 28, 2018 RE: Temp. Ordinance No. 2375: Creating a Vacation Rental Registration Program Recommendation: The Director of Community Development recommends that the Mayor and City Commission approve Temporary Ordinance No. TO2375 amending Chapter 12 to create Article XVI, establishing a Vacation Rental Registration Program, at its April 11, 2018 City Commission meeting, on First Reading. Issue: The City Commission, at its October 9, 2017 workshop directed staff to prepared appropriate legislation to establish an effective Vacation Rental Registration Program for the City, as such, approval is required to adopt the proposed Ordinance. Background: Chapter , Laws of Florida, created a new classification of public lodging establishment known as vacation rentals that is defined in Section (c), Florida Statutes (2015), as any unit or group of units in a condominium or cooperative or any individually or collectively owned single-family, two-family, three-family, or four-family house or dwelling unit that is also a transient public lodging establishment but that is not a timeshare project. Additionally, Subsection (7), Florida Statutes (2015), provides that local laws, ordinances, or regulations may not prohibit vacation rentals or regulate the duration and frequency of rental of vacation rentals. Unregulated vacation rentals can create disproportionate impacts to adjoining properties and neighborhoods in relation to their size, excessive occupancy, and lack of proper facilities. In addition, the presence of vacation rentals within residential dwelling units in established residential neighborhoods can create negative compatibility impacts, among which include, but are not limited to, excessive noise, on-street parking, accumulation of trash, and diminished public safety. Since Section (7), Florida Statutes, authorizes local governments to conduct inspections of public lodging establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to Sections and , Florida Statutes (2015), and a Vacation Rental is classified as a public lodging establishment, staff is proposing the attached Ordinance, creating a registration program to provide guidance to property owners and better manage the potential negative compatibility impacts vacation rentals can create in established residential neighborhoods. The program will require property owners of Vacation Rental properties to register and obtain a permit prior to the rental of their property (see attached Ordinance). Consistent with State Law and the Florida Attorney General Advisory Opinion AGO , the proposed Ordinance does not prohibit vacation rentals or provide restrictions on length of stay. The Ordinance simply looks to maintain established residential neighborhoods while ensuring the safety of property owners, transient visitors to the City, and adjacent property owners of the vacation rental.

43 City Manager Temp. Ordinance No. TO2375 Creating Article XVI establishing the Vacation Rental Registration Program March 28, 2018 Page 2 Analysis: The attached Ordinance seeks to amend Chapter 12, entitled Licenses and Business Regulations to create Article XVI, to be entitled Vacation Rental Registration in order to establish a new Vacation Rental Registration Program. The proposed legislation provides for the regulation of the following components of the program: Section Vacation Rentals Registration Intent and Purpose Section Definitions Section Vacation Rental Registration and Permit Required Section Application for Vacation Rental Permit Section Fees for Vacation Rental Permit (As established by Resolution) Section Responsible Party Required Section False Information Section Minimum Requirements for Issuance of a Vacation Rental Permit Section Vacation Rental Standards Section Initial and Routine Certificate of Compliance Section Vacation Rental Permit is not Transferable Section Expiration of Vacation Rental Permit Section Suspension and Revocation Section Complaints Section Enforcement Fiscal Impact: Accompanying this Ordinance at the time of adoption, will be a resolution proposing a $200 application registration fee and a $150 permit renewal fee for the Vacation Rental Program. Maxine Calloway, Community Development Director Attachments: Temporary Ordinance No. 2375