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HomeMy WebLinkAboutCity of Oviedo- Mutual Aid Agreement 1988 04 25 ~ , .' INTERLOCAL MUTUAL AID AGREEMENT ~ -- '." FIRE PROTECTION AND RESCUE SERVICES CITY OF WINTER ~PRINGS, FLORIDA AND CITY OF OVIEDO, FLORIDA THIS AGREEMENT, entered into this day of by and between the City of Winter 19 Springs and the City of oviedo ,both municipal corporations existing by virtue of Florida law. W I ~ N E SSE T H WHEREAS, both parties to this agreement have established and maintain Fire Department with firefighting equipment, emergency medical equipment, or advanced life support equipment and fire fighting and paramedic personnel, and 'WHEREAS, the jurisdictional boundaries of the City of Winter Springs and the City of OViedo are adjacent, 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 of the parties agree to assist the other under the following stipulations, provisions and conditions: 1. Purpose of Agreement. The purpose of this agreement is to provide for reciprocal firefighting/emergency medical services/civil defense aid and 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, or when utilization of the nearest facility unit to the incident affects the most efficient life saving services to the citizens of both Cities. Assistance rendered by either party shall include, but not be limited to, structural fires, emergency medical and stand-by. 2. Areas of Protection. This Agreement sha~l apply only to emergencies existing within the :_ city "!'limits of both Cities, respectively, and shall not apply to other outside territorial jurisdictions. ~ - - t 3. Request for Assistance: A request for mutual aid assistance shall be made only through the respective City Fire Chief. or in his absence. his duly authorized representative; such requests shall be initiated through the servicing fire dispatch. 4. Response to Request for Assistance. a) The equipment shall be dispatched only as requested. the amount of equipment and personnel dispatches shall be at the discretion of the assisting agency consistent with public safety within the area served 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 assistance. the response may be delayed until such time as the responding agency may make an additional commitment. c) Should the assisting agency become aware of an emergency within their area of primary responsibility. then the 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, their own jurisdiction would not be afforded adequate coverage. Both the City of Winter Springs and the City of oviedo shall advise the other immediately if such a condition exists. s. Officer-in-Charge. The responding 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 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 jurisdiction. "'"'r''U ".';,.:/." ''r';~' . .. '" - . " 6. Duties and Level of Service. No department, officer or employee of either party to this agreement shall perform any function or service not with the scope of the duties of such department, officer or employee in performing the same kind of services within their res- pective jurisdiction. Rendition of service, standards of performance, discipline of officers and employees, and other matters incident to performance of services and control of personnel shall remain with both Cities, 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 of Winter Springs or the Fire Chief of the City of OViedo , respectively. The decision of the Fire Chief of the City of Winter Springs shall be standards of performance by the City of Winter Springs. The decision of the Fire Chief of the City of OViedo shall be standards of performance by the City of OViedo 7. Employee Status. Persons employed by the City of Winter Springs or the City of OViedo , respectively, in the performance of services and functions pursuant to this agreement shall have no claim to pension, workers' compensation, unemployment compensation civil service or other employee rights or privileges, granted by operation of law or otherwise by the City of Winter Springs, or the City of OViedo Respectively, to its officers and employees. 8. 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 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 pensions and relief, dis- ability, 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. '<---'1';~1i~-- ~-------;--~--'_'_ii\:'l!!U' .. ........ -- ':. '. ... 4,. . 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. 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 relate. 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 responding party , to respond to the emergency and the requesting party shall not be held liable for actions involving the responding party. 9. Term of Contract. This agreement will continue in perpetuity until cancelled or renewed by either party, and shall become effective on the later of the two dates set fourth below. 10. Cancellation of Renewal. This agreement may be cancelled or renewed by either party after giving a minimum of ninety (90) days written notice of intent to cancel or renew said agreement. IN WITNESS WHEREOF, the parties hereto have caused these present to be signed by their duly authorized officers on this the day of , 19 City of OViedo , Florida BY: DATED: Springs, ayor DATED: ~~ ~ I1'YY