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HomeMy WebLinkAboutItem V(D) Approval and Authorization for Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee; and Authorization for Mayor and Acting City Clerk to Execute Agreements • Agenda O=/17/04 Center of Good ` item V.D. :044 1q CITY OF OCOEE AGENDA ITEM COVER SHEET Date: August 6, 2004 Meeting Date: August 17, 2004 Subject: Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee Issue: Approval to execute the Mutual Aid and Automatic Aid Agreements. Recommendation: The staff of the Ocoee Fire Rescue Department recommends approval to execute the Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee. Background Summary: The Mutual Aid Agreement is an updated document prepared to replace the current agreement that was executed by both parties on May 19, 1998. It assures that both agencies comply with current NFPA Safety Standards. This Mutual Aid Agreement gives both agencies access to additional resources from the other agency that are not sent immediately through the Automatic Aid Agreement. These additional resources must be requested and authorized prior to them being dispatched to respond. The Automatic Aid Agreement gives both agencies an immediate response of the closest available units from either or both agencies for an emergency. The Automatic Aid Agreement is an efficient and cost effective way for both agencies to meet the requirements of NFPA Standard 1710, which addresses response times and staffing levels. Fiscal Impacts: None Commission Action: Reviewed by City Manager /401, Reviewed by City Attorney via e-mail 7/27/04 by P. Rosenthal N/A Reviewed by Finance X N/A Reviewed by Fire Chief R. Strosnider Ce1-9 N/A Mayor center of Good z Commissioners S. Scott Vandergrift Y g Danny Howell, District 1 Scott Anderson, District 2 City Manager ` ' Rusty Johnson, District 3 Robert Frank �{ Nancy J. Parker, District 4 STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Pete McNeil,Assistant Chie(t9 DATE: August 4, 2004 RE: Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee ISSUE The Ocoee Fire Rescue Department is requesting approval from the Ocoee City Commission for the Mayor and the City Clerk to execute the attached Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee. Our City Attorney has reviewed both agreements. BACKGROUND/DISCUSSION The Mutual Aid Agreement is a document prepared to replace the current agreement that was executed by both parties on May 19, 1998. The new agreement incorporates the additional requirement for both agencies to utilize NFPA Standard 1500 to ensure that the Incident Command System,the Personnel Accountability System and the 2-in/2-out standards are adhered to. The Ocoee Fire Department and Orange County Fire Rescue both comply with those standards on a daily basis. This Mutual Aid Agreement gives both agencies access to additional resources from the other agency that are not sent immediately through the Automatic Aid Agreement. These additional resources must be requested and authorized prior to them being dispatched to respond. The Automatic Aid Agreement gives both agencies an immediate response of the closest available units from either or both agencies for an emergency. The units that are available for automatic aid are limited to the type and number of apparatus operated by the Ocoee Fire Department. Therefore, currently two engines, one ladder truck, one BLS rescue and one Battalion Chief would be available to us from Orange County on automatic aid. Additional needed units would need to be requested via the slower Mutual Aid process. The Automatic Aid Agreement is an efficient and cost effective way for both agencies to meet the requirements of NFPA Standard 1710, which addresses response times and staffing levels. One requirement of NFPA 1710 is to have 14 personnel on the initial assignment for a structure fire. This requirement increases to 15 if an aerial ladder is raised. By utilizing both agencies' resources, we can now immediately dispatch 3 engines, 1 ladder truck, 1 rescue squad and 1 Battalion Chief to a structure fire. That level of response will give us the required 15 personnel if all units are at their minimum acceptable level of staffing. On April 4th of this year dispatch services for fire protection and rescue services for the Ocoee Fire Department were contracted to the Orange County Fire Rescue Communications Division. That system has been working very well. It will enhance the effectiveness of these two agreements because both agencies are now on the same radio system and are dispatched simultaneously. It should be noted that an Alarm Activity Report is generated automatically on a daily basis by Orange County Communications. These reports along with the weekly and monthly comprehensive alarm statistical reports will be used to determine any operational changes that may be necessary to maintain an equitable level of assistance between both agencies. RECOMMENDATION The staff of the Ocoee Fire Rescue Department recommends approval from the Ocoee City Commission for the Mayor and the City Clerk to execute the Mutual Aid and Automatic Aid Agreements for Fire Protection and Rescue Services between Orange County and the City of Ocoee. v_ M MUTUAL AID AGREEMENT for FIRE PROTECTION AND RESCUE SERVICES between ORANGE COUNTY, FLORIDA AND CITY OF OCOEE,FLORIDA THIS AGREEMENT, is by and between ORANGE COUNTY, a charter county and political subdivision of the State of Florida (hereinafter referred to as "County") and CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida(hereinafter referred to as "City"). WITNESSETH WHEREAS, City and County have established and maintain Fire Departments with firefighting equipment, emergency medical equipment and firefighting personnel; and WHEREAS,the boundaries of the County and the City are adjacent, and WHEREAS, the parties deem it desirable that an agreement be entered into for their mutual benefit 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 shall assist the other under the following stipulations, provisions and conditions: 1. DEFINITIONS: For the purpose of this Agreement, the following definitions shall apply. A. Mutual Aid: Mutual Aid is defined as a catastrophic event, manmade or natural, that, because of the magnitude of the event, poses a hardship on the ability of the jurisdiction having authority to respond with adequate services, 1 (eg: hurricane, tornadoes, large structural fires, mass casualty incidents.) Mutual Aid shall not include ordinary events for which the responsible jurisdiction has determined it will not obtain adequate equipment and/or support. B. Requesting Party: The Requesting Party is the jurisdiction having the authority and responsibility to respond to the disaster for which Mutual Aid is being sought. C. Responding Party: The Responding Party is the jurisdiction being contacted by the Requesting Party to provide Mutual Aid assistance. 2. MUTUAL AID ASSISTANCE Mutual Aid assistance shall be requested by the Fire Chief of the Requesting Party or his designee, to the Fire Chief of the Responding Party or his designee. The request shall be initiated through the Fire Department dispatch office. If available, equipment shall be dispatched as requested by the Requesting Party. The number of such pieces and the amount of personnel dispatched shall be at the sole discretion of the Responding Party. Notwithstanding any provision of this Agreement to the contrary, the Fire Department of either signatory may decline to provide assistance if by doing so, their own jurisdiction would not be afforded adequate coverage. Each department shall advise the other immediately if such a condition exists. 2 3. LIABILITY/INDEMNIFICATION County and City do not assume any liability for the acts, omissions or negligence of the other. Each shall indemnify and hold the other harmless from all claims, damages, losses and expenses (including attorney fees) arising out of or resulting from the negligent performance of their respective operations under this Agreement. This provision shall not be construed as a waiver of sovereign immunity. To the extent any claim is asserted in excess of the limits established by the waiver of sovereign immunity under Florida law, this provision will become null and void and shall be severed from the remainder of this Agreement. 4. REIMBURSEMENT Neither County nor City will receive payment or be reimbursed by the other party for any expenses or the like incurred in connection with services provided under this Agreement. Nothing herein prevents either party from receiving reimbursements from FEMA or any other state or federal reimbursement programs. 5. TERM This Agreement may be cancelled by either party after giving a minimum of ninety (90) days written notice of intent to cancel said Agreement. This Agreement will continue in perpetuity until cancelled. 3 6. MISCELLANEOUS (a) Officer in Charge, Service Standard - While providing Mutual Aid in the area where the emergency exists, the Responding Party personnel shall be subject to the orders and directions of the officer in charge of the operations for the Requesting Party. The Requesting Party shall utilize National Fire Protection Standard 1500 to ensure that the Incident Command System, the Personnel Accountability System and the 2-in/2-out standards are adhered to. Failure to comply with this service standard shall be a breach of this Agreement (b) Application of Agreement - This Agreement shall apply only to emergencies existing within the areas of protection of the County and the City. 7. EFFECTIVE DATE This Agreement will take effect as of the date of the last signature herein below. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the day and year set forth below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Chairman Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk to the Board of County Commissioners By: Deputy Clerk ATTEST: CITY OF OCOEE, FLORIDA By: By: City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY OF OCOEE, FLORIDA; APPROVED CITY COMMISSION AT A AS TO FORM AND LEGALLY this MEETING HELD ON day of , 2004. 2004 UNDER AGENDA ITEM NO. FOLEY AND LARDNER LLP By: City Attorney 5 AUTOMATIC AID AGREEMENT for FIRE PROTECTION AND RESCUE SERVICES between ORANGE COUNTY, FLORIDA AND CITY OF OCOEE THIS AGREEMENT, is by and between ORANGE COUNTY, a charter county and political subdivision of the State of Florida (hereinafter referred to as "County") and the CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida(hereinafter referred to as "City"). WITNESSETH WHEREAS, City and County have established and maintain Fire Departments with fire fighting equipment, emergency medical equipment and firefighting personnel; and WHEREAS,the boundaries of the County and the City are adjacent, and WHEREAS, the parties are desirous of providing the most expeditious and efficient response in their respective jurisdictions in order to protect the public health, welfare and safety, and WHEREAS, the parties recognize that the most expeditious response may be provided by the firefighting and rescue agency outside of, but contiguous to, the jurisdiction in which the emergency occurs, and WHEREAS, the parties deem it desirable to make provisions for an initial response in case of such emergency from the firefighting and rescue agency closest to such emergency, NOW, THEREFORE, it is agreed by and between the parties hereto that each shall assist the other under the following stipulations, provisions and conditions: 1 1. DEFINITIONS: For the purpose of this Agreement, the following definitions shall apply. A. Automatic Aid: Immediate response of emergency personnel by the Responding Party (as defined below) closest to the scene within the Receiving Party's jurisdiction where personnel may be responding on behalf of or with the Receiving Party. B. Receiving Party: The Receiving Party is the party to which aid is being rendered pursuant to this Agreement. C. Responding Party: The Responding Party is the party providing aid pursuant to this Agreement. 2. AUTOMATIC AID ASSISTANCE Automatic Aid assistance shall be based on a predefined process that results in the immediate response of emergency personnel by the Responding Party to the scene of an emergency in the Receiving Party's jurisdiction on behalf of or with the Receiving Party. The process shall be initiated through the Fire Department Communication Center. Orange County Fire Rescue's response into the City of Ocoee shall be in proportion to the amount and type of equipment/apparatus operated by the City of Ocoee. 3. LIABILITY/INDEMNIFICATION County and City do not assume any liability for the acts, omissions or negligence of the other. Each shall indemnify and hold the other harmless from all claims, damages, losses and expenses (including attorney's fees) arising out of or resulting from the negligent performance of their respective operations under this Agreement. This 2 provision shall not be construed as a waiver of sovereign immunity. To the extent any claim is asserted in excess of the limits established by the waiver of sovereign immunity under Florida law, this provision will become null and void and shall be severed from the remainder of this Agreement. 4. REIMBURSEMENT Neither County nor City will receive payment or be reimbursed by the other party for any expenses or the like incurred in connection with services provided under this Agreement. Nothing herein prevents either party from receiving reimbursements from FEMA or any other state or federal reimbursement programs. 5. TERM This Agreement may be cancelled by either party after giving a minimum of ninety (90) days written notice of intent to cancel said Agreement. This Agreement will continue in perpetuity until cancelled. 6. MISCELLANEOUS (a) Officer in Charge, Service Standard - While providing Automatic Aid in the area where the emergency exists, the Responding Party personnel shall be subject to the orders and directions of the officer in charge of the operations. If an officer for the Receiving Party is not available at the scene, the highest ranking officer from the Responding Party will control the scene until its termination or an officer from the Receiving Party arrives and scene control is properly transferred. The Responding and 3 Receiving Parties shall utilize the National Fire Protection Standard 1500, as defined in State Statute 633.821, to ensure that the Incident Command System, the Personnel Accountability System and the 2-in/2-out standards are adhered to. Failure to comply with this service standard may be deemed to be a breach of this Agreement and cause for termination. (b) Application of Agreement — This Agreement shall apply only to emergencies existing within the areas of protection of the County and the City, as defined on a map attached and identified as Attachment "A" and to no outside areas. Any areas annexed by the City following the date of this Agreement shall not be included in this Agreement unless agreed to by both parties and properly identified by a revision of Attachment "A" which will become effective upon written approval by the Orange County Fire Chief and the City of Ocoee Fire Chief, and attached to this Agreement. (c) Operational Plan - The chiefs of the fire departments, or their designees, will meet and draft, and may thereafter revise, a written plan for the procedures and operations necessary to effectively implement this Agreement. This operational plan will become effective upon approval by the Orange County Fire Chief and the City of Ocoee Fire Chief. (d) Conflict Resolution — Any disputes arising from this Agreement shall be resolved by the Orange County Fire Chief and the City of Ocoee Fire Chief, or their duly authorized representative. 7. EFFECTIVE DATE This Agreement will take effect as of the date of the last signature herein below. 4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officials as of the day and year set forth below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Chairman Date: ATTEST: Martha O. Haynie, County Comptroller As Clerk to the Board of County Commissioners By: Deputy Clerk ATTEST: CITY OF OCOEE, FLORIDA By: By: City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY OF OCOEE, FLORIDA; APPROVED CITY COMMISSION AT A AS TO FORM AND LEGALLY this MEETING HELD ON , day of , 2004. 2004 UNDER AGENDA ITEM NO. FOLEY AND LARDNER LLP By: City Attorney 5 Winter Garden Coverage r 4'_ Ocoee Coverage L um Ocoee Response into County __ J Winter Garden & Ocoee Reponse into County a� Q. .. • V .. o . Z ' r m .. i • i ' I` Ocoee ', j ■ I ' Lake Apopka ■ ■ LF SII VFR S AR RD . wA • :11 Iltip Winter A Garden .11111 lillik AP 1114 Asil ,-/ �, ,` ‘_ ` 1111 • 7.' Orange \ _ W*114kcounty o T,o� .. CC _ w TIMFN F Ej*.z. ' , Z' ('',‘' (2 i o z ° Wi dermere a z z �' �` A _ N �.; C. - t- - '`l i -- 0 0.5 1 ;1.5 \2 Mks-- I -- Orange County Fire Rescue - August 2004 losw6) "Attachment A" c