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HomeMy WebLinkAbout1997 04 14 Regular Item J COMMISSION AGENDA ADD ON ITEM J REGULAR X CONSENT INFORMATIONAL April 14, 1997 Meeting MGRq(\...) l"l'\ fDEPT Authorization REQUEST: The City Manager and Fire Chief request that the City Commission authorize the Mayor to send a letter to the Seminole County Board of County Commissioners expressing our concerns of the privatization of First Responder Services. PURPOSE: The purpose of this Commission item is to assure that the City Commission is informed of the content of the letter and to authorize the Mayor to send the letter on behalf of the City of Winter Springs. cONSIDERA TIONS: . The City of Winter Springs entered into a Interlocal Mutual Aid Agreement with Seminole County and surrounding Municipalities on March 10, 1989. This agreement refers to the parties as the "First Response Group. It The Fire Department has responded to calls for service on a reciprocating basis with the Seminole County Department of Public Safety and surrounding municipalities without regard of jurisdictional boundaries. This first response group system has avoided duplication of services and has provided a superior level of service utilizing resource sharing. . On April 8, 1997, the Board of County Commissioners approved the Request For Proposal process for First Responder Services. . If the proposed RFP is awarded to a private provider it will fragment the first response system that currently provides reciprocal services, and that has served the residents of this County so well. . If the County cannot provide reciprocal services on a First Response basis the Fire Chief will recommend that the Interlocal Mutual Aid agreement be terminated in favor of Interlocal agreements with those Municipalities that will provide reciprocal services. . We are not objecting to the County's desire to explore the feasibility of privatizing transport services. However due to the fact that the First Response ,., . Apri114, 1997 Consent Agenda Add On Item "C" Page 2 System sets the stage for services provided, we are concerned about like service levels being provided for in the RFP. ISSUE ANALYSIS: N/A FUNDING: No additional funding is required. REcOMMENDA TION: The City Commission to authorize the Mayor to send a letter on behalf of the City of Winter Springs to the Seminole County Board of County Commissioners expressing concerns of the privatization of First Responder Services. IMPLEMENTA TION SCHEDULE: Not applicable. ATTACHMENTS: Interlocal Mutual Aid Agreement dated 20 March 1989 Draft letter from the Mayor COMMISSION ACTION: J . '.; .' I'. :~: fILED III oFFlCf. CTY CO~\I'\IS~IOII REGORDS 'H^RY,r.Jl!I!; I/.IJRSE 89 H^R 20 PH 4157 CLEn~ TO U.c.c. lEMIHOLE CO. Fb.c. B C-C-- Till S RECE\VED I'fvU~L;~gA!'JO~UTUAL AID AGREEMENT day .."q:! i'U: :~\'r:\NGS i!l{l;:. 1)1~1~A1rr.MrJUj AGREEMENT is entered into this __d...Q~J-2._____.;..._ _[Y1Qf..... 19_J,Q by SEMINOLE COUNTY. a political BY of subdivision of the State of Florida. whose address is Seminole County Services Building. 1101 East First Street. Sanford. Florida. 32771. THE CITY OF ALTAHONTE SPRINGS. a municipal corporation existing by virtue of Florida Law. whose address is 225 Newburyport Avenue. Altamonte Springs. Florida 32701. THE CITY OF LONGWOOD. a municipal corporation existing by virtue of Florida Law. whose address is 175 West Warren Avenue. Longwood. Florida 32750. THE CITY OF WINTER SPRINGS, a municipal corporation existing by virtue of Florida Law. whose address is 1126 East State Road 434. Winter Springs.; Florida 32708. hereinafter referred to as the "FIRST RESPONSE GROUP,. and between THE CITY OF CASSELBERRY, a municipal corporation existing by virtue of Florida Law. whose address is 95 Lake Triplett Drive. Casselberry. Florida 32707. hereinafter referred to as the .CITY.. WIT N E SSE T H: WHEREAS, the parties to this Agreement operate fire I departments which utilize fire fighting equipment. emergency medical equipment. advanced life support equipment, and fire fighting and paramedical personnel; and WHEREAS. each of the parties desires that the equipment and personnel of the other parties can be utilized for the mutual benefit of the parties in times of emergencies; 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 disaste~ too great to be dealt with unassisted; and WHEREAS, the Fire Chiefs. or their designees. of the respective fire departments to this Agreement are authorized to ... . .\ . , establish reciprocal levels of mutual aid and reestablish such levels as conditions shall warrant; and WIIEREAS, this Agreement is authorized by and entered into pursuant to Chapter 163, Florida statutes, NOW THEREFORE, the parties agree to, assist the other under the following conditions, stipulations, and provisions: SECTION 1. PURPOSE OF AGREEMENT - The purpose of this Agreement is to provide for reciprocal mutual aid assistance between the FIRST RESPONSE GROUP and the CITY. "Mutual Aid Assistance" consists of dispatching or making available equipment and personnel, upon request, for any emergency, including, without specific limitations, brush fires, structural fires, hazardous conditions, emergency medical care, and advanced life support, when such emergency occurs within the jurisdiction of either of the parties and the emergency is beyond the capabilities of the jurisdiction having authority. SECTION 2. - "Requesting Party" refers to the party requesting mutual aid and is the party having jurisdiction over the area in which the emergency exists. "Responding Party" refers to the party from whom mutual aid is requested. SECTION J. REQUEST FOR ASSISTANCE - Request for mutual aid shall be made by the Fire Chief of the requesting party or ~is duly authorized representative. Each req~est must be routed through the fire department dispatch of If ice of the responding party. (For the purpose of this Agreement, the FIRST RESPONSE GROUP dispatch office will be the Seminole County Communications Center.) SECTION 4. RESPONSE TO REQUEST FOR ASSISTANCE - (a) The equipment shall be dispatched only as requested by the requesting party, and the amount of equipment and personnel dispatched shall be at the discretion of the responding party, consistent with public safety within the area served by the responding party and the aims and purposes of this Agreement. (b) .Should the responding party 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 ., .. i. ". I..,., " .,." ~. 0.. . ... I.' I . ,I . I ..' . \' .' . responding party may safely respond. In the event that the responding party shall have dispatched equipment and personnel, and after dispatching such equipment and personnel, becomes aware of an emergency within the area protected by the responding party, then, in that event, the responding party may, upon coordination with the Fire Chief of the requesting party, recall such of its equipment and personnel as may be needed. SECTION 5. OFFICER-IN-CIIARGE - The responding party shall be subject to the orders and directions of the Officer-In- Charge of the operation in the area where the emergency exists while the responding party is within such area~ SECTION 6. LIABILITIES AND RESPONSIBILITY QF 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 parties harmless from and shall defend the other parties and its officers and employees against any claim for damage resulting therefrom. (b) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, worker's compensation and other benefits which apply to the activity of officers or employees of o,ther parties when performing their respective functions within the territorial limits for their respectire agencies shall apply to the same degree and extent to the performance of such functions and duties extra-territorially pursuant to this Agreement. (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 e qui pm en t. (d) The cost of gasoline and other expendable supplies for continued operation shall be the responsibility of the party to which such equipment and supplies relate, unless otherwise specified in writing by a "Cost Recovery" agreement for non- traditional extraordinary services, such as, but not limited to. '.. .1 hazardous materials incidents. (e) All compensation for personnel shall be borne by the party employing such personnel, unless otherwise specified in writing by a "Cost Recovery" agreement for non-traditional extraordinary services, such as, but not limited to, hazardous materials incidents. SECTION 7. AMENDMENTS OR MODIFICATIONS No amendment or modification of this Agreement shall be effective unless in writing executed by all parties. SECTION 8. If any provision of this Agreement is determined to be invalid, it shall be considered severable from the remainder of the Agreement. SEeTl ON 9. This Agreement shall be construed in accordance with the laws of the state of Florida. SECTION 10. TERMS OF CONTRACT - The term of this Agreement shall be for one year from the final execution date of the parties hereto and shall be automatically renewed for successive one (1) year terms unless terminated as provided below, . SECTION 11. TERMINATION - Th i s Agreement may be cancelled by either party by providing written notice of cancellation stating the effective date of cancellation. Said cancellation date shall not be earlier than ninety (90) days after delivery of such notice of cancellation by certified or registered mail or by personal delivery upon the other parties. IN WITNESS WIIEREOF. the parties hereto have caused these present to be signed by their duly authorized officers. 8Y'~~ DATE: -------~--~J-~~~-------- dtjATTEST: ~ ..' (..' .' _':. ~2X~~:.:' __~C::z..~ BY: DATE : .' . ATTEST: ----------------------- For the use and reliance of TilE CITY OF LONGWOOD only. Approved a~ to form and ~?ffYl.z,~/// l J,/ /f.., -"Richard S. Tay. I Jr. I Esquire Longwood City Attorney . /' A T TE S T :, __1nd&1-:L,-2~--- HORSE Clerk to the Board of County Commissioners of Seminole County, Florida For the use and reliance of Seminole County only. Approved as to form and legai sufficiency. /;;;!L~hlJ:i!c<<- county Attorney BY: DATE : CITY OF WINTER SP~NGS o Y : C2f.~{I.Jt.L_'lb.~r)J~ DATE: _~~~~L1r~---------- BOAIlD OF COUNTY COM 111 S S ION EllS SEllINDLE COFTY' FLOIlIDA OY:~- --- SANDRA "GLENN I Chalrperson DATE: _~~~~------------ As authorlzed for exe- cutlon by the Board of County Commlssloners at the i ~ iDOJ:Lb..~L---- I 1909 regular meeting. -.