HomeMy WebLinkAboutCity of Oviedo- Mutual Aid Agreement 1988 04 25
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INTERLOCAL MUTUAL AID AGREEMENT
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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
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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.
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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.
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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.
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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