HomeMy WebLinkAbout1961 Automatic Aid/First Response Interlocal Coop Agrmt (copy)AUTOMATIC AID/FIRST RESPONSE INTERLOCAL COOPERATION AGREEMENT
SEMINOLE COUNTY AND CITY OF SANFORD
THIS AUTOMATIC AID/FIRST RESPONSE INTERLOCAL COOPERATION
AGREEMENT (the "Agreement"), is made and entered by and between SEMINOLE COUNTY,
a charter county and political subdivision of the State of Florida, whose address is Seminole
County Services Building, 1101 East 1 st Street, Sanford, Florida 32771, in this Agreement referred
to as "COUNTY," and CITY OF SANFORD, whose address is 300 North park Avenue, Sanford,
Florida 32771 in this Agreement referred to as "CITY." The COUNTY and CITY constitute the
parties to this Agreement and may be referred to singularly as "Party" or "party" and collectively
as "Parties" or "parties".
WITNESSETH:
WHEREAS, it is beneficial to the public for local governments to work together for
common purposes; and
WHEREAS, COUNTY and CITY have the lawful right and power to enter into this
Agreement; and
WHEREAS, COUNTY and CITY desire to protect the health, safety, welfare, and
property of the citizens within their respective jurisdictions; and
WHEREAS, CITY presently maintains a Fire Department with firefighting/emergency
medical equipment and firefighting/emergency medical personnel; and
WHEREAS, COUNTY and CITY are willing and able to come to the aid and assistance
of each other in multiple ways that are consistent with this Agreement so as to jointly provide the
highest level of care and services to all jurisdictions; and
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WHEREAS, the COUNTY operates an emergency communications center for receiving
and dispatching fire and emergency medical alarms; and
WHEREAS, COUNTY and CITY recognize and agree that it is desirable to enter into this
Agreement for the mutual benefit of the general public as is authorized by, and entered into
pursuant to Chapter 163, Florida Statutes (2017), as this statute may be amended from time to
time,
NOW THEREFORE, COUNTY and CITY agree that each of them shall assist the other
pursuant to the following stipulations, provisions, and conditions:
Section 2. Definitions.
Automatic Mutual Response Areas — The primary response zone for a given fire station
based on closest unit response, regardless of jurisdictional boundaries. (Example: Those areas
closest to station 35 but may fall inside Sanford or Lake Mary city limits. The same for city stations
responding in their Automatic Mutual Response Area outside of the city limits.)
Executive Group — A group established and authorized by this Agreement, which is made
up of the County's Fire Chief and the Fire Chiefs of Lake Mary, Longwood, Oviedo, Sanford, and
the Orlando/Sanford Airport. This group meets monthly and their primary responsibilities include:
1. Oversight of this Agreement and ensuring that any operational issues,
Fire/EMS/Special Hazards, and training are addressed in a timely manner.
2. Coordination with the Medical Director on EMS protocols, response, and training.
The County Medical Director attends quarterly.
3. Oversight of subgroups established by this Executive Group who also meet
monthly. (Examples: Operations, EMS, training, etc.).
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4. Update of countywide operating guidelines and training. These guidelines are
updated every four years.
First Alarm Zones — The areas identified as the primary response zones for a given fire
station within that stations' governmental boundaries. (Example: Station 35's first response zone
includes all unincorporated areas closest to station 35 for response purposes).
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First Due Unit — First Fire Department vehicle and personnel to arrive on an emergency
Officer in Charge — This term normally refers to a Company Officer (Lieutenant or above).
However, if a Fire Department EMS/Rescue unit arrives on a scene alone the Paramedic in charge
of that unit is in command until relieved by a Lieutenant or Chief Officer.
Participating Parties — The parties consist of Seminole County, Lake Mary, Longwood,
Oviedo, Sanford, and the Sanford Airport Authority. Each has a separate agreement with the
county all of which combined make up the countywide automatic aid first response system.
Section 3. Purpose and Intent of Agreement.
(a) The purpose of this Agreement is to provide for reciprocal fire/rescue/emergency
medical aid/emergency management assistance on a first response basis utilizing the appropriate
type units nearest to the incident.
(b) The intent of this Agreement is the following:
and CITY.
1. Provide the most efficient lifesaving services to the citizens of COUNTY
2. Authorize the COUNTY to provide CITY's Fire Department with central
communications services by receiving and dispatching fire and rescue alarms directed to CITY in
an effort to increase speed and efficiency and centralized coordination of emergency services.
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Section 4. Response to Calls within the Automatic Mutual Aid Response Areas. In
lieu of specific requests for assistance, both CITY and COUNTY may respond to incidents in the
First Alarm Zones to the mutual benefit of both governmental agencies. The CITY Fire Chief and
the COUNTY Fire Chief shall determine these areas of first alarm response. The following
conditions apply to the provisions of response to calls within the Automatic Mutual Response
Areas: any changes to first alarm response zones or type of units dispatched on first alarm response
into the automatic mutual aid response areas must be accompanied by written notification to the
respective Fire Chiefs for COUNTY and CITY, or their duly authorized representative, prior to
being implemented, and after thorough discussions with the parties have taken place and any
changes mutually agreed upon.
Section 5. Officer in Charge. If the First Due Unit is located outside its normal area
of responsibility, the Officer in Charge of the First Due Unit shall take command of the incident
until relieved by the authority having jurisdiction or superior officer.
Section 6. Duties and Level of Service.
(a) No department, officer, or employee of either party to this Agreement may perform
any function or service not within the scope of the duties of such department, officer, or employee
in performing the same kind of services within their respective jurisdiction.
(b) COUNTY and CITY remain responsible for their respective rendition of service,
standards of performance, discipline of officers and employees, and other matters incident to
performance of services and control of personnel.
(c) Disputes or disagreements as to the level of services and standards of performance
required of CITY must be reported to the CITY Fire Chief. Disputes or disagreements as to the
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level of services and standards of performance required of COUNTY must be reported to the
COUNTY Fire Chief.
(d) The decision of the CITY Fire Chief, or his or her duly authorized representative,
will be final and conclusive as to the level of services or standards of performance by CITY.
(e) The decision of the COUNTY Fire Chief, or his or her duly authorized
representative, will be final and conclusive as to the level of services or standards of performance
by COUNTY.
(f) COUNTY assumes the responsibility for providing the necessary communication
equipment for the countywide radio system. CITY and COUNTY respectively assume the
responsibility for providing the necessary communication equipment for their respective vehicles
and personnel.
(g) COUNTY shall coordinate the long term planning and scheduling of major
communication system changes with all of the cities within Seminole County that enter an
Interlocal Agreement similar to this Agreement, so that fiscal impacts can be anticipated and
scheduled.
(h) CITY and COUNTY shall have representatives on the Executive Group, consisting
of the Fire Chiefs of all jurisdictions within Seminole County, and appointees on any subgroups
of this Executive Group.
(i) COUNTY agrees to maintain COUNTY communications center in such a manner
as to aid the cities within Seminole County that enter an Interlocal Agreement similar to this
Agreement in obtaining optimum credit under the "Receiving and Handling Fire Alarms" category
of the "Insurance Services Office Fire Protection Rating Schedule" most current edition.
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0) In recognition that CITY's Accreditation for Fire Services under Standards
established by the Commission on Fire Accreditation International are significantly impacted by
the performance of the Communications Center functions in a fire -rescue services delivery system,
COUNTY shall strive to provide call or incident processing to dispatch consistent with those
Standards.
(k) Both COUNTY and CITY shall maintain staffing requirements for all ALS and
BLS transport units (ambulances) in accordance with the requirements of the State of Florida for
their operation. Both COUNTY and CITY shall maintain a staffing level of three (3) State of
Florida certified Firefighter II / State of Florida EMTs per unit for all responding fire apparatus
with the exception of tankers and brush units, unless in unusual circumstances, for limited periods
of time (not to exceed 4 hours), and after notifying County Communications Center. ALS transport
units must maintain a staffing level of two (2) State of Florida certified Firefighter II / State of
Florida EMTs (one of which must be a certified at the EMT -P level) per unit.
Section 7. Employee Status. Persons employed by CITY in the performance of
services and functions pursuant to this Agreement are deemed not to be the employees or agents
of COUNTY, nor do these employees have any claims to pensions, worker's compensation,
unemployment compensation, civil service, or other employee rights or privileges granted to
COUNTY's officers and employees either by operation of law or by COUNTY. Persons employed
by COUNTY in the performance of services and functions pursuant to this Agreement are deemed
not to be the employees or agents of CITY, nor do these employees have any claims to pensions,
worker's compensation, unemployment compensation, civil service, or other employee rights or
privileges granted to CITY's officers and employees either by operation of law or by CITY.
Section S. Liabilities and Responsibility of Parties.
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(a) The parties, their respective officers and employees, do not assume any liability for
the acts, omissions, and negligence of the other party or the other party's respective officers and
employees.
(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
officer and employee benefits apply when performing their functions within the scope of their
employment with their respective agency.
(c) Except as otherwise provided in this Agreement, all liability for injury to personnel
and for loss or damage of equipment will be borne by the party employing such personnel and
owning such equipment, and all parties shall carry and keep in force sufficient insurance to cover
against all such liabilities.
(d) The cost of fuel and all other expendable supplies will be borne by the party
incurring them.
(e) All compensation for personnel will be borne by the party employing such
personnel.
(f) It is the responsibility of COUNTY to receive and dispatch all calls to CITY and
CITY is not liable for actions or inactions involving COUNTY in receiving and dispatching calls.
(g) After calls have been received and dispatched for CITY by COUNTY's
Communications Center, it is the responsibility of CITY to respond to the alarm.
(h) Both the CITY and COUNTY, and their respective fire rescue departments do
reserve, have and shall maintain all defenses and rights of sovereign immunity both under state
and federal law, and nothing in this Agreement shall be a waiver of the sovereign immunity of
either Party. Additionally, nothing herein shall be interpreted to provide for any right of
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indemnification, and in no event will the liability of either party to this Agreement in any valid
claim brought by a party to this Agreement or by a person or entity that is not a party to this
Agreement exceed the limits of liability provided for in Section 768.28, Florida Statutes (2017),
as this statute may be amended from time to time.
Section 9. Joint Participation and Liability. COUNTY and CITY shall participate,
unless CITY elects not to participate, in any and all fire service mutual aid agreements that
COUNTY has entered into and is implementing with other agencies outside of Seminole County.
At the time of execution of this Agreement, COUNTY shall provide CITY with a list of these
agencies and COUNTY shall inform CITY of any additions to or deletions of these agencies during
the term of this Agreement. COUNTY shall allow CITY to review agreements with any additions
at least thirty (30) days prior to execution of the agreement to give the CITY the opportunity to
review and comment and determine whether or not to participate. If CITY elects not to participate
in the mutual aid agreements with agencies outside of the county, CITY must notify COUNTY in
writing as prescribed in Section 12 of this Agreement.
Section 10. Cooperative Integrated Agreement. It is the intent of the parties that each
and every provision, term, condition, covenant, and agreement contained in this Agreement is
binding and obligating on all parties that have executed this Agreement as an active participant
with all other Participating Parties as they provide the highest level of care and services to the
whole.
Section 11. Term of Agreement. This Agreement is effective for a minimum of ten
(10) years commencing in accordance with Section 20 below. This Agreement automatically
renews for additional one (1) year period. Either party may terminate this Agreement at any time
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if one (1) of the parties gives the other party at least one (1) year advance written notice, of its
intention to terminate this Agreement.
Section 12. Notice. Any notice delivered with respect to this Agreement must be in
writing and will be deemed to be delivered (whether or not actually received) when (i) hand -
delivered to the persons designated below, or (ii) when deposited in the United States Mail, postage
prepaid, certified mail, return -receipt requested, addressed to the person at the address for the party
as set forth below, or such other address or to such other person as the party may have specified
by written notice to the other party delivered according to this section:
FOR CITY:
FOR COUNTY:
The County Manager and the Fire Department Director or Designee
Seminole County Services Building
1101 East 1 st Street
Sanford, FL 32771
Section 13. Governing Law. The laws of the State of Florida govern the validity,
enforcement and interpretation of this Agreement. Seminole County is the sole venue for any legal
action in connection with this Agreement.
Section 14. Conflict of Interest.
(a) Each party agrees that it shall not engage in any action that would create a conflict
of interest in the performance of its obligations pursuant to this Agreement with the other party or
which would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida
Statutes (2017), as this statute may be amended from time to time, relating to ethics in government.
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(b) Each party hereby certifies that no officer, agent, or employee of that party has any
material interest (as defined in Section 112.3 12(15), Florida Statutes (2017), as this statute may be
amended from time to time, as over 5%) either directly or indirectly, in the business of the other
party to be conducted here, and that no such person will have any such interest at any time during
the term of this Agreement.
(c) Each party has the continuing duty to report to the other party any information that
indicates a possible violation of this Section.
Section 15. Entire Agreement.
(a) It is understood and agreed that the entire agreement of the parties is contained in this
Agreement which supersedes all oral agreements, negotiations, and previous agreements between the
parties relating to the subject matter of this Agreement.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement will be valid only when expressed in writing and duly signed by both parties, except as
otherwise specifically provided in this Agreement.
Section 16. Counterpart Execution. This Interlocal Agreement may be executed in
counterparts, each of which constitutes an original, but all taken together constitute one and the same
instrument.
Section 17. Severability. If any provision of this Agreement or the application of this
Agreement to any person or circumstance is held invalid, it is the intent of the parties that the invalidity
does not affect other provisions or applications of this Agreement that can be given effect without the
invalid provision or application, and to this end the provisions of this Agreement are declared
severable.
Section 18. Public Records Law.
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(a) CITY and COUNTY acknowledge each other's obligations under Article 1, Section
24, Florida Constitution and Chapter 119, Florida Statutes (2017), as this statute may be amended
from time to time, to release public records to members of the public upon request. CITY and
COUNTY acknowledge each other is required to comply with Article 1, Section 24, Florida
Constitution and Chapter 119, Florida Statutes (2017), as this statute may be amended from time
to time, in the handling of the materials created under this Agreement and that this statute controls
over the terms of this Agreement.
(b) Failure to comply with this Section will be deemed a material breach of this
Agreement, for which the non -breaching party may terminate this Agreement immediately upon
written notice to the breaching party.
Section 19. Headings and Captions. All headings and captions contained in this
Agreement are provided for convenience only, do not constitute a part of this Agreement, and may
not be used to define, describe, interpret, or construe any provision of this Agreement.
Section 20. Effective Date. The Effective Date of this Agreement will be the date when
the last party has properly executed this Agreement as determined by the date set forth immediately
below the respective signatures of the parties.
[Remainder of page left blank; signature page to follow.]
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IN WITNESS WHEREOF, the parties have made and executed this Agreement for the
purposes stated above.
ATTEST:
TRACI HOUCHIN, City Clerk 14Aj
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,Cle�k-to t e oard•of
Courit&bfxlmissioners of
Seminole C'ount'y;'Florida.
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For the use and reliance of
Seminole County only.
Approved as to form and
legal sufficiency.
ounty Attorney
CITY OF SANF
ORd L
�O JEFF TR
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BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
J" HORAN, Chairman
Date /F/0
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As authorized for execution by the Board of
County Commissioners at its $ ,
20 /,*, regular meeting.
DWM
5/8/2018
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