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HomeMy WebLinkAboutItem III (D) Approval and Authorization for Mayor and City Clerk to execute lnterlocal Mutual Aid Agreement for Fire Department Service with City of Orlando AGENDA 3-1-94 Item III D Ocoee ee 7e,:Pi D f 44e#sgew 125 N. Bluford Avenue — Ocoee, Florida 34761 RON STROSNIDER EMERGENCY 656-1313 Fire Chief BUSINESS 656-7796 DATE: February 24, 1994 TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: Ron Strosnider, Fire Chief SUB: INTERLOCAL AGREEMENT FOR FIRE AND RESCUE SERVICES BETWEEN ORLANDO FIRE DEPARTMENT AND THE CITY OF OCOEE ISSUE Should the Honorable Mayor and Board of City Commissioners sign a Mutual Aid Agreement between the City of Orlando and the City of Ocoee. BACKGROUND The City of Ocoee now hes in affect Mutual Aid Agreements with the Cities of Apopka, Winter Garden and a Joint Response Agreement with Orange County. DISCUSSION The City of Orlando and the City of Ocoee has a good history of cooperation through t €epast years . No existing Mutual Aid Agreement has been frauml We feel phis Agreement is needed in order to maintain **queue. with the`Mutual Aid Agreements now in affect with Apo** G tden and the Joint Response Agreement with Orange • .unt . One of FEMA's requirements is a mutual aid agreement to be in place for disaster payments. This will cover that requirement . RECOMMENDATION It is our recommendation that we enter into a Mutual Aid Agreement with the City of Orlando as we have already entered into with the Cities of Apopka, Winter Garden and with the Orange County Fire Department . We respectfully recommend that the Honorable Mayor and City Commissioners sign the Mutual Aid Agreement to allow the Ocoee Fire/Rescue Department to participate in a Mutual Aid Agreement with Orlando Fire Department . a°I, INTERLOCAL MUTUAL AID AGREEMENT FIRE PROTECTION AND RESCUE SERVICES THIS Agreement, entered into this day of 19 , by and between the CITY OF OCOEE and the CITY OF ORLANDO, WITNESSETH : WHEREAS, both parties to this Agreement have established and maintain Fire Departments with firefighting equipment, hazardous materials equipment, emergency medical equipment, and/or advanced life support equipment and firefighting and paramedic 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; NOW, THEREFORE, it is agreed by and between the parties hereto that each party will provide assistance under the following stipu- lations, provisions and conditions: 1. Purpose of Agreement. The purpose of this Agreement is to provide for reciprocal firefighting/hazardous materials/emergency medical services/emergency management assistance in case of disas- ters resulting from natural phenomena, accidents or otherwise, when the emergency/incident or disaster is too great to be dealt with unassisted, or when utilization of the nearest facility unit to the incident affects the most efficient life-saving services to the citizens of both jurisdictions. Assistance rendered by either party shall include, but not be limited to, structural fires, hazardous materials, emergency medical and stand-by. 2 . Areas of Protection. This Agreement shall apply only to emergencies existing within the areas of protection of both juris- dictions, respectively, and shall not apply to other territorial jurisdictions. 3. Request for Assistance by the CITY OF ORLANDO. The CITY OF ORLANDO shall request mutual aid assistance from the CITY OF OCOEE only through the City Duty Chief or, in his absence, the Fire Chief of ORLANDO, or his duly authorized representative; such requests shall be initiated through the CITY OF ORLANDO fire dis- patch. 4 . Request for Assistance by the CITY OF OCOEE. The CITY OF OCOEE shall request mutual aid assistance from the CITY OF ORLANDO only through the Duty Chief, or, in his absence, the Fire Chief of the CITY OF OCOEE or his duly authorized representative; such requests shall be initiated through the CITY OF OCOEE fire dispatch. 5. Response to Request for Assistance. (a) The equipment shall be dispatched only as requested; the amount of equipment and personnel dispatched shall be at the discretion of the responding agency consistent with public safety within the area served by the responding agency and the aims and purposes of this Agreement. (b) Should the responding agency be involved in an emergency operation at the time of receiving the request for assis- tance, the response may be delayed until such time as the responding agency may make an additional commitment. (c) Should the responding agency become aware of an emergency within its area of primary responsibility, then the - 2 - responding agency may, upon coordination with the ranking commanding officer(s) , recall whatever equipment and personnel as may be needed. (d) Either party may decline to provide assistance if, by doing so, its own jurisdiction would not be afforded adequate coverage. Each party shall advise the other immediately upon a request for assistance if such a condition exists. 6. Incident Command. The responding party shall be subject to the orders and direction of the Incident Commander of the juris- diction having responsibility in the area where the emergency exists while the responding party is within such area. If the first due unit is outside its normal area of responsibility, the Officer-In-Charge of the first due unit shall take command of the situation until relieved by the authority having primary juris- diction. 7 . Duties and Level of Service. No department, officer or employee of either party to this Agreement shall perform any func- tion or service not within the scope of the duties of such depart- ment, officer or employee in performing the same kind of services within their respective jurisdiction. Rendition of service, stan- dards of performance, discipline of officers and employees, and other matters incident to performance of services and control of personnel shall remain with both jurisdictions, respectively. Disputes or disagreements as to the level of services and standards of performance required of either party shall be reported to the respective Fire Chiefs. Each Fire Chief shall determine the Stan- - 3 - dards of performance applicable to the personnel of their own department. 8. Employee Status. Persons employed by each party, while in the performance of services and functions pursuant to this Agree- ment outside their jurisdiction, shall at all times remain employ- ees of their own governmental entity and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges afforded by law or granted to personnel of and by the jurisdiction wherein the extra- territorial service is performed. 9. Liabilities and Responsibilities of Parties. (a) The parties hereto, their respective officers and employ- ees, shall not be deemed to assume any liability for the acts, omissions, and negligence of the other party, and, to the extent permitted by law, each party shall 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, exemptions from laws, ordinances and rules, and all pen- sions and relief, disability, workers' compensation and other benefits which apply to the activity of officers or employees of either party when performing their respec- tive 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 extraterritorially pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel, and for loss or damage of equipment - 4 - shall be borne by the party employing such personnel and owning such equipment, and all parties shall carry suffi- cient insurance or be self-insured to cover all such liabilities. (d) The cost of fuel and other expendable supplies for con- tinued operation shall be the responsibility of the party owning such equipment and consuming such supplies. (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, the requesting party shall not be held liable for actions involved while responding to an emer- gency all for assistance. (g) Nothing in this Agreement shall be interpreted or con- strued to prevent a party from claiming or seeking funds or reimbursement from any outside sources, including but not limited to, the Federal Emergency Management Agency (FEMA) . 10. Term of Contract. This Agreement shall commence on the date first above written and shall continue in perpetuity until cancelled by either party. 11. Cancellation of Renewal. This Agreement may be cancelled by either party after giving a minimum of ninety (90) days advance notice of intent to cancel said Agreement. - 5 - IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers as of the day and year above. CITY OF ORLANDO, FLORIDA ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGALITY for the use and reliance of the City of Orlando, Florida, only on , 1994. City Attorney, Orlando, Florida CITY OF OCOEE, FLORIDA ATTEST: By: S. Scott Vandergrift, Mayor Jean Grafton, City Clerk APPROVED AS TO FORM AND LEGALITY Approved by the Ocoee City for the use and reliance of the City of Ocoee, Commission at a meeting held Florida, only on , 1994. on the date indicated above under By: agenda item No. City Attorney, Ocoee, Florida This Instrument Prepared by: Robert L. Hamilton City Attorney City of Orlando City Hall - Third Floor 400 South Orange Avenue Post Office Drawer 1151 Orlando, FL 32802 (407) 246-2295 Florida Bar No. 0104444 -6-