HomeMy WebLinkAboutCity of Altamonte Springs-1995 07 10
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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.
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,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.
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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.
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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.
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CITY OF WINTER SPRINGS, FLORIDA
A ITEST: BY~~~
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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
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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
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Margo M. Hopkins,
City Clerk
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