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HomeMy WebLinkAboutCity of Altamonte Springs-1995 07 10 . I , . . , INTERLOCAL AGREEl\1ENT SHARED USE OF TRAFFIC PRE-EMPTION SYSTEMS THIS Agreement, made and entered into by and between the CITY OF ALTAMONTE SPRINGS, Florida; the CITY OF APOPKA, Florida; the CITY OF CASSELBERRY, Florida; the CITY OF KISSIMMEE, Florida; the CITY OF LONGWOOD, Florida, the CITY OF MAITLAND, Florida; the CITY OF OCOEE, Florida; the CITY OF ORLANDO, Florida; the CITY OF OVIEDO, Florida; the CITY OF ST. CLOUD, Florida;, the CITY OF WINTER SPRINGS, Florida; the CITY OF WINTER PARK, Florida; ORANGE COUNTY, Florida; OSCEOLA COUNTY, Florida; and SEMINOLE COUNTY, Florida. WITNESSETH: WHEREAS, each party hereto has within its jurisdictio!1, or is in the process of obtaining a traffic pre.:emption system ("the system") primarily for the use of selected emergency vehicles; and' WHEREAS, it will be of benefit to the emergency service providers of all parties to allow selected emergency vehicles to utilize traffic pre-emption systems within other jurisdictions while responding to an emergency call for service; and WHEREAS, the parties desire to assist each other in obtaining the quickest and safest response to calls for emergency services; and' WHEREAS, the parties are authorized by Part I of Chapter 163, Florida Statutes, to enter into interlocal agreements; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Purpose' of this Agreement. It is the purpose of this Agreement to outline the circumstances under which emergency vehicles of one party may utilize the traffic pre-emption system on public roads within another party's jurisdiction to pre-empt traffic signalization during an emergency response and to set operational guidelines, therefor; to outline the circumstances under which one party may deny use of the traffic pre-emption, system within its boundaries to the vehicles of another party; to provide for the use of the traffic ,pre-emption systems by additional "high" and "low" priority vehicles; to delineate employee status and liabilities; to provide for the termination or non-renewal of the agreement and to provide for participation by additional parties. 2.Acknowledgement of Florida Department of Transportation jurisdiction. The parties acknowledge that any actions taken pursuant to this Interlocal Agreement are subject to the concurrence or approval, as provided bylaw" of the Florida Department of Transportation to the extent that such actions relate to the use of State Roads and signals located thereon. Page 1 of 4 " , , " . ",' . .' .. . . "..- " J . , , . ,3. Operational Guidelines. a. "High priority" as utilized herein shall mean use of the system by emergency vehicles on emergency responses, to calls for service (including emergency response from a scene to a medical facility) as defined by the responding agency. "Low priority" as utilized herein shall mean use of the system by other vehicles for either non-emergency traffic pre-emption or for any other purpose approved by the Florida Department of Transportation. b. No party shall permit any emergency response vehicle under its control to utilize the "high priority" traffic pre-emption system within the jurisdiction of another party unless that emergency response vehicle is enroute to an emergency Can for service or a medical facility. c. Each party shall train its emergency response personnel in the proper and safe utilization of the traffic pre-emption system using and satisfactorily completing, at a minimum, the training curriculum provided by the manufacturer. d. All parties agree to establish a systematic vehicle numbering system. Operational group "0" shall be reserved for the use of the Florida Department of Transportation or vehicles designated by the Florida Department of Transportation. Operational Group "1" shall include all traffic pre-emption system equipped fire department vehicles within Orange County. Operational groups "2" and "3" shall be reserved for other vehicles based' within Orange County. Operational Group "4" shall include all traffic pre-emption system equipped fire department vehicles within Seminole County. Operational groups "5" and "6" shall be reserved for other vehicles based within Seminole County. Operational Group "7" shall include all traffic pre-emption system equipped fire department vehicles within Osceola County. Operational groups "8" and "9" shall be reserved for other vehicles based within Osceola County. e. All parties agree that no vehicles other than fire department vehicles shall be permitted to utilize the "high priority" traffic pre-emption system without the expressed written permission of each respective jurisdiction within which the vehicle proposes to operate and the expressed written permission of the Florida Department of Transportation. Emergency vehicles operating within specific jurisdictions whose use of the traffic pre-emption system was approved by that specific jurisdiction or th'e Florida Department of Transportation prior to the implementation of this Agreement may continue to utilize the "high priority" traffic pre-emption system, subject to the terms and conditions of this agreement. Page 2 of 4 ..- .. .. ." ..-.... '.,"'- . ....,.. .-. .M........ . '. ,- . "'. - .. .- -. '. . - -: '-' .. ~ i. f. All parties agree that other vehicles may be permitted to use the "low priority" traffic pre-emption system with the expressed written permission of each jurisdiction within which the vehicles propose to operate and the expressed written permission of the Florida Department of Transportation. 4. Authority to deny use of the traffic pre-emption system within home jurisdiction. a. Each party shall have the authority to deny the use of the system to any specific vehicle, or all of the vehicles, of another party or user within its jurisdiction upon documentation of abuse of the traffic pre-emption' system. Abuse of the traffic pre-emption system shall include, but is not limited to, use of the "high priority" traffic pre-emption system for other than response to an emergency incident; the continual capture of a traffic signal by the use of traffic pre-emption system while stationary at or near an intersection; and any attempted use of the traffic pre-emption system by unauthorized users under the control of another party. b. Tennination of any traffic pre-emption system use privileges granted by this Agreement shall take place only: (1.) after the party within whose jurisdiction the abuse occurred notifies the offending party or user of the termination in writing, citing the circumstances and any documentation which led to the tennination decision; and (2.) after the offending party has been given an opportunity to cure the abuse by means acceptable to the party within whose jurisdiction the abuse occurred. Should the parties disagree as to the proposed cure, they shall select another party to this Agreement to mediate the dispute. Should the parties fail to reach a mutually agreeable result, the District Traffic Operations Engineer of the Florida Department of Transportation District 5 (or his/her designee) shall decide the matter and the parties agree to be bound thereby. c. Nothing in this agreement shall mandate or affect the use of traffic pre- emption systems on private roads. The party (or parties) owning such systems or roadways may institute such use agreements or restrictions at it (they) sees fit. S. Status of Personnel. Persons employed by each party, while in the performance of services and functions pursuant to this Agreement outside their jurisdiction, shall at all times remain employees of their own goveIJ1menW entity and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights, privileges, or benefits afforded by law or granted to personnel of and by the jurisdiction wherein the extra- territorial service or response is performed. Page 3 of 4 .. . . . . .... "."" .. . . .' ... - -.' '., ~':.' " - .~.' . .. . ...,....-.-. . ,..... '. -.' . .', ......h_... .- . . ." - ...- ,- .... . '-. ',.--.. ' , .. , - , . 6. 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 another party, and, to the extent permitted by law, each party shall hold each other party harmless from and shall defend each 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 pensions and relief, disability, workers' compensation and other benefits, which apply to the activity of officers or employees of any party when performing within the territorial limits of their jurisdiction, shall apply to the same degree and extent to the perfonnance extraterritorially pUrsuant to this Agreement. (c) All liability for injury to personnel and for loss of or damage to equipment shall be borne by the party employing such personnel and owning such equipment, and all parties shall carry sufficient insurance or be self-insured to cover all such liabilities and losses. 7. Term of Agreement. This Agreement shall commence effective as to each party as of the date of said party's execution and shall continue in perpetuity until terminated in writing by all then..:current parties. The cancellation of participation by any party shall not affect the participation in the Agreement by all other parties. 8. Cancellation of Participation. The participation of any party to this Agreement may be cancelled by giving a minimum of sixty (60) days advance written notice of intent to cancel participation to all remaining parties to this Agreement. 9. Participation by Additional Parties. Any additional City, County, or Special District in the Central Florida area which has or is in the process of obtaining a traffic pre-emption system within its jurisdiction and which wishes to become a party to this Agreement may do so by causing a copy of the Agreement to be signed by officials of the jurisdiction as required by law or ordinance and by then forwarding copies of that action and endorsement to all other parties and the Florida Department of Transportation. For the purpose of maintaining a current list of parties to this Agreement, the City Clerk of the City of Orlando shall act as a central repository. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by their duly authorized officers. Page 4 of 4 ..." . . 'H"V _.. - ..... . - " . . . . CITY OF WINTER SPRINGS, FLORIDA A ITEST: BY~~~ ~ ~. ~~) Title. MAYOR Title ~TY CLERK Date: ' Julv 10, 1995 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 , - 1 I . " . ~ , '. ~ CITY OF WINTER SPRINGS. FLORIDA, 1126 STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708 Telephone (407) 327-1800 July 11, 1995 Robert A. Bowman, Fire Chief City of Orlando 400 South Orange Avenue Seventh Floor P.O. Box 2846 Orlando, FL 32801-3302 Dear Chief Bowman: Please find attached the fully executed copy of the Interlocal Agreement, Shared Use of Traffic Preemption Systems, signed by Mayor John F, Bush during the Regular Meeting of the City Commission of the City of Winter Springs held on June 10, 1995, If you need anything further, please contact this office. Sincerely, CITY OF WINTER SPRINGS ~~.~ Margo M. Hopkins, City Clerk attachment -.',