361-Automatic Aid & First Respo SEMINOLE COUNTY/CITY OF SANFORD
AUTOMATIC AID/FIRST RESPO~SE
INTERLOCAL AGREEMENT
TItIS AGREEMENT'is entered into this ~/~,~__ day of
subdivision of the State of F.lorida, whose address is Seminole
County Services Building, 1101 E. First Street, Sanford, Florida
32771 (hereinafter referred to as "COUNTY"). and the CITY OF
SANFORD, a municipal corporation existing by virtue ef Florida Law,
whose address is 300 No. Park Avenue, Sanford, Florida 32771
(hereinafter referred to as "CITY").
WITNESSETH:
WHEREAS, the COUNTY presently maintains and operates the
Seminole County Fire Unit, with firefighting equipment and
firefighting personnel and operates an emergency communications
center for receiving and dispatching fire and rescue alarms, and
WHEREAS, the CITY presently maintains a fire department
with firefighting equipment and firefighting personnel, 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; and
W~EREAS, this Agreement is for the benefit of the general
public and is authorized by, and entered into pursuant to Chapter
163, Florida Statutes,
NOW THEREFORE, it is agreed by and between the parties
hereto that each of the parties agree to assist the other pursuant
to the following stipulations, provisions and conditions:
SECTION I. PURPOSE AND INTENT OF AGREEMENT. The purpose
of this Agreement is to provide for reciprocal civil defense/fire/
rescue/emergency medical aid and assistanCe in case of disasters,
resulting from natural phenomena, accidents, or otherwise, when the
fire or disaster is too great to be dealt with unassisted and to
provide reciprocal fire and rescue assistance on a first response
basis utilizing the facility units nearest to the incident. The
intent of this arrangement is to provide the most efficient life
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saving services to the citizens ~f both the CITY and the COUNTY.
It is also the purpose of this Agreement for the COUNTY to provide
central communications services for the CITY Fire Department by
receiving and dispatching fire and rescue alarms directed to the
CITY in an effort to provide increased speed and efficiency and
centralized coordination of emergency services. It is also the
intent of this Agreement to provide the City Police Department with
access to the County's 800 MHz "Smartnet" and associated radio
system including paging capability.
SECTION 2. REQUEST FOR ASSISTANCE - CITY. As to
incidents occurring outside the pre-determined automatic mutual
respcnse areas, the CITY shall request emergency fire/rescue/civil
defense assistance only through the Fire Chief of the CITY or his
duly authorized representative. The CITY'S Fire Chief or his duly
authorized representative shall make the request for assistance to
the COUNTY Fire Unit Communications Center.
SECTION 3. REQUEST FOR ASSISTANCE - COUNTY. As to inci-
dents occurring outside the pre-determined automatic mutual re-
sponse areas, the COUNTY shall request emergency fire/rescue/civil
defense assistance only through the Duty Chief or in his absence,
the Chief Fire Administrator of the COUNTY, or his respective duly
authorized representative.
SECTION 4. RESPONSE TO'REQUEST FOR ASSISTANCE OUTSIDE
THE PRE-DETERMINED AUTOMATIC MUTUAL RESPONSE AREAS. The following
conditions apply to the provisions of assistance outside of pre-
determined automatic mutual response areas:
(a) Equipment shall be dispatched onIy as requested;
provided, hewever, that the amount of equipment and personnel
dispatched shalI be at the discretion of the assisting agency
consistent with public safety within the area served and the aims
and purpose 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.
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(c) In the event thSt the responding agency becomes
aware of an emergency within their area of primary responsibility,
the responding agency may, upon coordination with the ranking
Commanding Officer, recall whatever equipment and personnel as may
be needed.
SECTION 5. RESPONSE TO CALLS WITHIN THE AUTOMATIC
MUTUAL RESPONSE AREAS. In lieu of specific requests for assis-
tance, both the CITY and the COUNTY may respond to incidents in the
"first alarm response zones" to the mutual benefit of both govern-
mental agencies. Said areas of first alarm response shall be
determined by the Fire Chief for the CITY and Chief Fire Adminis-
trator for the COUNTY.
SECTION 6. OFFICER-IN-CHARGE.
(a) The responding party shall be subject to the orders
and directlens of the Officer-in-Charge of the operation having re-
sponsibility in the area where the emergency exists while the re-
sponding party is within such area.
(b) 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.
SECTION 7. DUTIES AND LEVEL OF SERVICE.
(a) No department, officer, or employee of either party
to this Agreement shall 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) Rendition of service, standards of performance,
discipline ef officers and employees, and other matters incident
to performance of services and control of personnel shall remain
with the COUNTY or CITY, respectively.
(c) 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 er the Chief Fire
Administrator of the COUNTY, respectively.
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(d) The decision of ~he Fire Chief of the CIq'Y shall be
final and conclusive as to the level of services er standards of
performance by the CITY.
(e) The decision of the Chief Fire Administrator of the
COUNTY shal] be final and conclusive as to the ]eve]. of services
or standards of performance by the COUNTY.
SECTION 8. EMPLOYEE STATUS. Persons employed by the
COUNTY or CITY, respectively, in the performance of services and
functions pursuant to this Agreement shall bare no claim to
pension, worker's compensation, unemployment compensation, civil
service or other employee rights or privileges, granted by
operation of law or otherwise by the COUNTY {~r CITY, respectively,
to its officers and employees.
SECTION 9. LIABILITIES__AND RESPONSIBILITY 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.
(b) All of the privileges and immunities from liability,
exemptions from laws, ordinances and rules, and a]] pensions and
relief, disability, worker's compensation and other benefits which
apply to the activity of officers or employees of other party when
performing their respective functions within the territoriallimits
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.
(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 sbal] carry sufficient insurance to
cover all such .liabilities.
(d) The cost of gasoline and other expendable supplies
shall be borne by the party incurring them.
(e) All compensation for personnel sba]] be borne by the
party employing such personnel.
(f) After emergency 6a].l.s },',re been received and dis-
patched for t|le CITY by the COUNTY Commun~cmtions Center, it shall
be the ~esponsibi]ity of the CITY to respond to the ala!:m and the
COUNTY shall not be held liable fo~ actions involving the CITY.
SECTION 10. TERM OF CONTRACT. The term of this Agree-
ment shall begin on January 15, 1990, and shall remain in e~fect
for a minimum of five (5) years. Said Agreement shall continue
beyond five.(5) years until terminated by mutual agreement of both
parties; provided, however, that either party may terminate said
Agreement by giving at least thirty (30) days written sotice to the
other party. In the event the CITY elects not to continue this
Agreement beyond the five (5) year period they shall. surrender use
of the COUNTY's 800 MHz "Smartnet" radio system. All CITY fire
department communications equipment furnished by the COUNTY shall
be returned to the COUNTY and all fixed base equipment added to the
COUNTY!s system shall remain the property of the COUNTY. All
mobile, portable, paging and radio console communications equipment
purchased by the CITY shall remain the property of the CITY.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be signed by their duly authorized officers on this
ATTEST: CITY OF SANFORD
~ ~X~H'E, City Clerk BY:BE I' r
ATTEST: BOARD OF COUNTY COMMISSIONERS
~b
Clerk to the Board of . e Chairman
Cour{ty Commissioners of
Seminole County, Florida. Date: 9-20-89
For the use and reliance As authorized for execution
of Seminole County only. by the Board of Co nty Commis-
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ty
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