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HomeMy WebLinkAboutVII (D1) Interlocal Mutual Aid Agreement - Fire Protection and Rescue Services Agenda 5-19-98 Item VII D 1 INTERLOCAL MUTUAL AID AGREEMENT FIRE PROTECTION AND RESCUE SERVICES ORANGE COUNTY, FLORIDA AND CITY OF OCOEE, FLORIDA THIS INTERLOCAL AGREEMENT (this "Agreement") Entered into this day of A.D., 1998, by and between ORANGE COUNTY, a political subdivision of the State of Florida (Hereinafter referred to as "County"), and the CITY OF OCOEE, FLORIDA, a municipal corporation existing by virtue of Florida law (hereinafter referred to as "City"). WITNESSETH: WHEREAS, both parties to this Agreement have established and maintain Fire Departments with firefighting equipment, emergency medical equipment, and firefighting personnel; and WHEREAS, the parties hereto recognize and agree that it is desirable to enter into this Agreement for the mutual benefit of the parties in times of emergency or disaster too great to be dealt with unassisted; and WHEREAS, the parties hereto have of even date herewith entered into an Interlocal Agreement for Contract Area Fire Protection Services ("the Contract Area Agreement") whereby the City and the County each have agreed each to provide a First Response Team within certain Contract Areas as defined in the Contract Area Agreement, subject to the terms, conditions and limitations of the Contract Area Agreement; and WHEREAS, this Agreement is supplemental to the Contract Area Agreement; and WHEREAS, this Agreement is for the benefit of the general public and is authorized by, and entered into pursuant to Chapter 163, Florida Statutes. NOW THEREFORE, it is agreed by and between the parties hereto that each of the parties agree to assist the other under the following stipulations, provisions, and conditions: 5-14-98 11:10 AM Page 1 of 7 1. Purpose of Agreement. The purpose of this Agreement is to provide for reciprocal firefighting/emergency medical assistance in case of disasters, resulting from natural phenomena, accidents, or otherwise, when the fire/emergency medical or disaster is too great to be dealt with unassisted (hereinafter referred to as "Mutual Aid"). a. Terms of Mutual Aid...Orange County: When the County exhausts its resources to the point that there are less than 10 manned emergency response units available in District 4, (based on staffing of no less than 20 units in District 4) Mutual Aid from the City could be requested. The County will request Mutual Aid from Ocoee only within County Fire District 4. b. Terms of Mutual Aid...City of Ocoee: When the city resources are exhausted on an incident of long duration, or multiple incidents of long duration, then Mutual Aid may be requested from any available source including the County, and upon such request the County will provide mutual aid, subject to the terms of this Agreement. "Move up and stand by" in City stations by County units due to high activity levels by City units will not constitute Mutual Aid, but will count as a unit call for service and paid for by the City at the rate set forth in the Contract Area Agreement. Any request by the City for special units from the County (i.e. Air and Light truck, Squad, Tanker, etc.) will count as a unit call for service, and be paid for by the City at the rate set forth in the Contract Area Agreement. 2. Areas of Protection. This Agreement shall apply only to emergencies existing within the areas of protection of the County and the City, respectively, and shall not apply to other outside territorial jurisdictions. 5-14-98 11:10 AM Page 2 of 7 3. Request for Assistance— County. The County shall request mutual aid assistance from the City only through the County Duty Chief, or in his absence, the Fire Chief of Orange County or his duly authorized representative; such request shall be initiated through County fire dispatch. 4. Request for Assistance — City. The City shall request mutual aid assistance from the County only through the City Duty Lieutenant, or the Fire Chief of Ocoee or his duly authorized representative; such requests shall be initiated through City fire dispatch. 5. Response to Request for Assistance. a. Equipment shall be dispatched only as requested. The amount of equipment and personnel dispatched shall be at the sole discretion of the assisting party consistent with public safety within the area served and the aims and purposes of this Agreement. b. Should the assisting party be involved in an emergency operation at the time of receiving the request for assistance, the response shall be delayed until such time as the assisting party may make an additional commitment, as determined solely by the assisting party. c. Should the assisting party become aware of an emergency within its area of primary responsibility, then the assisting party may, upon coordination with the ranking commanding officer(s), recall such equipment and personnel as may be needed, as determined solely by the assisting party. d. Either party may decline to provide assistance if, by doing so, its own jurisdiction would not be afforded adequate coverage, as determined solely by the assisting 5-14-98 11:10 AM Page 3 of 7 party. Both the City and County shall advise the other immediately if such a condition exists and Mutual Aid cannot therefore by provided. 6. Officer-in Charge. The assisting party shall be subject to the orders and direction of the Officer-In-Charge of the operation having responsibility in the area where the • emergency exists while the assisting party is within such area. If the first due unit is outside its normal territorial area of responsibility, the Officer-in-Charge of the first due unit shall take command of the situation until relieved by the authority having territorial jurisdiction. 7. Duties and Level of Service. No department, officer, or employee of either party to this Agreement shall perform any function or service not within the scope of the duties of such department, officer, or employee in performing the same kind of services within their respective jurisdiction. Rendition of the service, standards of performance, discipline of officers and employees, and other matters incident to performance of services and control of personnel shall,remain solely with the County and City, respectively. Disputes or disagreements as to the level of services and standards of performance required of either party shall be reported to the Fire Chief of the City or the Fire Chief of the County, respectively. The decision of the Fire Chief of the City shall be final and conclusive as the level of services or standards of performance by the City. The decision of the Fire Chief of the County shall be final and conclusive as to the level of services or standards of performance by the County. 8. Employee Status. Persons employed by the County or City, respectively, in their performance of services and functions pursuant to the Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service, or other 5-14-98 11:10 AM Page 4 of 7 employee rights or privileges, granted by operation of law or otherwise by the County or City, respectively, to its officers and employees. 9. Liabilities and Responsibilities of Parties. a. The parties hereto, their respective officers and employees, shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party, and each party shall to the extent permitted by law, hold the other party harmless from and shall defend the other party and its officers and employees against any claim for damages resulting therefrom. b. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers or employees of either party when performing their respective functions within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extra-territorially pursuant to this Agreement. c. Except as herein otherwise provided, all liability for injury to personnel and for loss or damage of equipment shall be borne by the party employing such personnel and owning such equipment, and all parties shall carry sufficient insurance to cover all such liabilities for injury to person and/or property. d. The cost of fuel and other expendable supplies for continued operation shall be the responsibility of the party to which such equipment and supplies belong and/or relate. 5-14-98 11:10 AM Page 5 of 7 e. All compensation for personnel shall be borne by the party employing such personnel. • f. After emergency calls for assistance have been received and dispatched it shall be the responsibility of the assisting party to respond to the emergency, and the requesting party shall not be held liable for actions involving the assisting party. 10. Term of Contract. This Agreement shall be for an initial term concurrent with the Contract Area Agreement and shall automatically renew for additional one (1) year terms unless written notice of non-renewal is delivered by the non-renewing party to the other party at least 90 days prior to the scheduled expiration date. This Agreement shall become effective on the later of the two dates set forth below. 11. Cancellation or Renewal. This Agreement may be terminated and cancelled by either party after giving to the other party a minimum of ninety (90) days written notice of intent to cancel the Agreement. 12. Conflicts. In the event of a conflict between this Agreement and the Contract Area Agreement, the Contract Area Agreement shall control. 13. Powers. Nothing in this Agreement is intended to be construed as any transfer or contracting away of the powers or functions of one party hereto the other. 14. Damages. This Agreement shall in no event confer upon any person, corporation, partnership or other entity, including the parties hereto, the right to damages or any other form of relief against any party to this Agreement for operations or omissions hereunder in accordance with the terms of the Agreement. 15. Amendments. This Agreement contains the entire understanding between the parties and shall not be modified except in writing. 5-14-98 11:10 AM Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers on this day of A.D., 1998. BOARD OF COUNTY COMMISSIONERS ATTEST: ORANGE COUNTY, FLORIDA By: APPROVED AS TO FORM AND LEGALITY DATED: Assistant County Attorney, Orange County, Florida ATTEST: CITY OF OCOEE, FLORIDA By: JEAN GRAFTON, City Clerk S. SCOTT VANDERGRIFT, Mayor (Seal) DATED: FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, APPROVED AS COMMISSION AT A MEETING TO FORM AND LEGALITY THIS HELD ON , 1998 DAY OF , 1998: UNDER AGENDA ITEM NO. FOLEY & LARDNER BY: City Attorney 5-14-98 11:10 AM Page 7 of 7