123-Mutual Fire Aid AgrmtAttorney General
DEPARTMENT 0F, LEGAL'-AFFAIRS
Sep~e~e~ ~3, ~976
The Honorable Arthur H. Beckwith~ Jr~
Clerk of the Circuit Court and County Court
Seminole County
Post Office Drawer C
-Sanford, Florida 32771
Re: Interlocal Agreement 5163.01, F.S. ,..
Dear Mr. Beckwith:
This is in response to your request for the approval of this
· office of a mututal fire aid agreement between Seminole County
and the City of Sanford.
Because of the general nature of the agreement, I am assuming
that said agreement is intended to be an Interlocal Agreement
promulgated under S163.0!, F.S., and submitted for our review
as provided for in S163.01 (11), F.S. This assumption is
necessary to approval in this instance because the agreement
is devoid of any reference tosaid statutory p.rovisions
as the authority under which the.agre'emen~ is entered i.neo and
submitted for our review. As the authority and responsibility
of this office to review agreements between local governments
is limited to those promulgated under ~163.01, supra, and
as a high degree of accuracy is desirable for record purposes,
all future agreements intended to be interlocal Agreements and
s~mitted to this office for approval under 5163.01(11), supra,
must include these necessary statutory references, lest they
be rejected for form error.
Subject tO the above comments, this agreement is hereby
approved as to form and compatibility with state law.
Sincerely,
ROBERT L.. SHEVIN
BY:
MEMORANDUM
TO:
FROM:
SUBJECT:
Sept. 17, 1976
Fire Chief
Acting City Manager
Mutual Fire Aid Agreement-Sanford and Seminole County
we have received a positive response from the State of
Florida Legal Affairs concerning subject agreement. Mr. Vernon-
Mize, City Attorney, has reviewed the legal response, and the
contract and has opinioned that there are no conflicts.
I have also received positive responses from Mr. Neiswender,
Mr. Kaiser, and Mr. McClure of Seminole County.
As a result of the above conditions, the Mutual Fire Aid
Agreement is now in effect. Please review the contract and
respond accordingly.
Mr. McClure of the Seminole County Public Safety Dept~ has
been notified that the. contract is in effect.
cc: Vernon Mize
Bill Braceland
BOARD OF COUNTY COMMISSIONERS
PHONE: (30S) 333 - 4330
COUNTY
SEMINOLE
FLORIDA
September 10, 1976
COURTHOUSE, H. PARR AVE.
SANFORD. FLORIDA 32771
Mr. Jim Jernigan
Acting City Manager
City of Sanford
City Hall
Sanford, FL 32771
Dear Mr. Jernigan:
The Board of County Commissioners, during their regular
meeting of August 31, 1976, approved and authorized the Chair-
man to execute the Interlocal Mutual Aid Fire Agreement with
the City of Sanford.
Upon receipt of verification from the Department of Legal
Affairs, State of Florida, the Public Safety Department will
forward to you two executed copies of same. Usually it takes
from two to three weeks for this to be returned to the Clerk of
Circuit Court's office for recording.
If I may be of further assistance to you in this regard,
please do not hesitate to contact my office.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
Roger D. Neiswender
Executive Assistant
RDN/bl
FIUTUAI. A I 1) Ar.;IU,;EFII.',N'I.'
All p:~'Lics ~o'Lhis ag.rccmenL have established and n~ainLaia fi~:c
departments with fire fighCi~g equi[~menC and fire fighting person:~el,
and .
WIIEREAS, i~ appears desirable that an Agreement be entered into
between the par~ies for their mutual benefit in times of emergency,.
NOW, THEREFORE, i~ is agreed-by and between the parties here~o ' '
that each of ~he parties agrees to assist ~he other under the follow-
ing stipulations, . provisions and conditions:
1. 'l'ha~ any assistance shall be rendered by either party only upo~
~he reques~ of the fire chief of the party requesting assistance or
his duly-authorized representative;
2. Equipment shall Be dispatched only as 'requested by the calling
party and the aznounb of equipment and perso'z~el dispatched shall be a~
the discretion of Lhe responding party.
3. Should the called party be involved in an emergency operation
at the tirae of receiving the call, the response may be delayed until
such time as the called parLy may be able safely to r~pe'na and should
the called percy have dispatched equipment and personnel and' after
dispatching such personnel and equipraent an emergency develops in the
area protected by the called party, then the called party may recall
such of its equipment and material as raay be needed by it.
4. All liability for injury for personnel, loss or d~age o'f
equipment shall be borne by the party to which such personnel and/or
equipment belongs and that all parties carry sufficient insurance to
cover all such liabilities.
5. The cost of gasoline and other expendable supplies for coa-.
tinued operatioq shall be paid'by the party ~o which such personnel
and/or equipment belongs. "
6. All compensation for personnel shall be born. by the pa~'Ly to
which such personpel belongs.
7. The party respunding to a call from the.otbe~' party while
within the area of Lhe other party shall be .s~bject co the orders
and directions of the officer. in charge o~ the ope~-a~ion in the a~:ca
where the emergency exists.
8. A first call ~or mutual aid shall be to the nearest
Department having the equipment needed.
9. A party may initiate a call for "first-in" response
by the other party upon request'of the fire chief of either party
or his duly authorized representative by a previous mutual agreement
of all part.ies of this contract.
10. A minimum of four, trained, full time firemen shall
be sent on the fire equipment in response to a mutual aid call.
ll. This agreement may be terminated by either party giving
the other a written no~ice, thirty (30) days prior to the date of
termination.
IN WITNESS WHEREOF, the parties' hereto have caused these
present to be signed by their duly authorized officers on this
CITY OF~
By:
Mayor
SEMINOLE COUNTY
By: