2004-28
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Mutual Aid Agreement
Between
City of Clermont
And
Town of Mont verde
This Agreement, made and entered into this 22nd day of June 2004, by and
between tpe City of Clermont, a Florida Municipal Corporation, hereinafter referred to as
"Clermont"
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And
The Town of Mont verde, a Florida Municipal Corporation, hereinafter referred to as
"Montverde" .
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WITNESSETH
WHEREAS, the parties have established and maintain Fire Departments with
firefighting equipment and full time or volunteer personnel as firefighters~ and
WHEREAS, the boundaries of Clermont and of Mont verde are nearby~ and
WHEREAS, it is desirable that an agreement be entered into between the parties
for their mutual benefit in times of an emergency~
NOW, THEREFORE, it is agreed by and between the parties hereto, that each of
the parties agrees to assist the other under the following stipulations, provisions, and
conditions:
1. That assistance shall be rendered by either party upon request of the Fire Chief of
the party requesting assistance, or his/her duly authorized representative~ such
request to be initiated through the Fire Department dispatch office and to be for
any emergency for which mutual aid is necessary, to include, but not limit to,
structural fires, stand-by, and natural disasters. Mutual aid shall not include first
due response for medical calls.
2. Only the equipment and/or manpower that is requested by the calling party shall
be sent, and the number of such pieces and the amount of personnel dispatched
shall be at the discretion of the responding agencies Fire Chief or his/her duly
authorized representative.
a. Each department shall provide to the other a copy of their current effective
departmental procedure regarding mutual aid. This procedure shall
include the standard response apparatus, number of personnel normally
responding, any known factors affecting the time from dispatch until
response. Policy shall be provided within thirty (30) days of the effective
date of this agreement, and any revisions shall be provided at the time of
their effective date.
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b. The responding party shall immediately inform the requesting party of
their response, which shall include apparatus, equipment, and personnel.
Iffor any reason their response is to be delayed, this shall be
communicated to the requested department immediately.
c. The Fire Chiefs shall establish a standard response for assistance requests,
which shall be dispatchedJf no special requests for other apparatus,
equipment, or personnel ar'e made. This shall also include the guidelines
for personal vehicle response.
3. Except as provided in paragraph 9 (a) of this agreement, the Fire Department of
either party may decline to provide assistance, if by doing so their own
jurisdiction would not be afforded adequate coverage. Each department shall
advise the other immediately if such a condition exists.
4. Clermont and Montverde do not assume any liability for the acts, omissions, or
negligence of the other. To the extent permitted by law and without waving either
parties' sovereign immunity, each party indemnify, hold harmless and defend the
other from all claims, damages, losses, and expenses, including attorney's fees,
arising out of, or resulting from, the performance of their respective operations
under this agreement.
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5. Neither Clermont nor Montverde shall receive payment or be reimbursed for any
expenses or the like incurred in connection with the services provided in the
performance of this agreement from the other.
a. Exception: Those expendable supplies and items, which are used during a
mutual aid response, shall be either replaced with the exact item or
payment based on the replacement cost to the supplying agency, for the
agency to replenish the supply. Replacement or payment shall be made
within forty-five (45) days of the use. These items shall include, but not
be limited to: foam, haz-mat protective clothing and/or absorbent
materials.
b. It shall be the responsibility of the providing Chief or his/her designee to
notify the requesting agency that an item shall be chargeable.
c. It shall be the responsibility of the requesting agency to secure payment
for those items from the owner, occupant, or responsible party of the
incident.
6. Neither Clermont nor Montverde shall be responsible for salaries, overtime,
benefits, insurance and other such effects for personnel employed by the other.
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7. The party responding to a call from the other party, while within the area of the
other party, shall be subject to the orders and direction of the Officer in Charge of
operations in the area where the emergency exists
a. The Chief or Officer in Charge of the requesting department shall
communicate orders and directions to the responding mutual aid
Department's Chief or Officer in Charge.
b. The firefighters from the department giving mutual aid shall remain under
the command of their own department officers.
8. This agreement shall apply to emergencies existing within the areas of fire
protection of Clermont and Montverde, to which fire protection is provided by the
respective fire departments, and to no other areas. This does not restrict the rights
of either fire department to enter into a mutual aid agreement with other fire
departments.
9. In view of the fact that confusion exists in the mind of the general public as to
which fire department to call due to the close proximity of the respective coverage
areas, Clermont and Montverde agree to the following:
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a. If a request for service is received for an address or location that is known
to be in the other fire department's area, expeditious notification shall be
made by the department receiving the call and a response into that
department's area shall not be made unless there is a request for mutual
aid by the responding agency. The party requesting emergency assistance
shall also be advised of the proper agency to notify and the emergency
telephone number to contact the agency.
b. If the request for service is received and after dispatch, it is learned that it
is nearby, but not of the departments area of coverage, the alarm receiving
department shall notify the appropriate department's dispatch of the alarm
and their response as soon as possible, and shall begin combat operations.
c. As soon as sufficient personnel and equipment from the department which
has jurisdiction arrives on scene and is ready to relieve the first in
company, the initial responding fire department may cease operations and
return to their assigned stations.
10. This agreement may be cancelled by either party after giving a minimum of thirty
(30) days written Notice ofIntent to Cancel said agreement. This agreement shall
renew automatically each year as of the effective date, unless terminated as
provided herein.
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11. Both Parties agree to furnish sufficient maps and information as requested by the
other, to assist each other in locating the scene of the fire or other emergency.
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12. Whenever a fire department uses any stationary fire protection devices during an
emergency, (hydrants, standpipes, etc) belonging to a municipality or agency
other than themselves, they shall so notify the municipality's fire department as
soon as possible.
a. Requests for use shall also be made in advance for any such device
intended to be used for training, service calls, or other non-emergency
situation.
Each of the parties hereto do herewith agree to take such action and forebear such actions
as agree necessary to carry the meaning and intent of this agreement and all its terms and
conditions. Execution of this agreement shall supersede and render void any and all
previous mutual aid agreements between said parties.
IN WITNESS WHERE OF, the parties hereto have made and executed this
agreement on the respective dates under each signature: Montverde through its Town
Council, signing by and through the Mayor, authorized to execute same by Council
action on the 22nd day of June, 2004, and HAL TURVJLLE duly authorized to execute
the same for Clermont.
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ATTEST:
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CITY ATTORNEY
ATTEST:
Approved as to form and
Legal content by Town Attorney
'1Y/4Jl6c. ~
RECOGNIZED BY:
MONTVERDE FIRE DEPARTMENT
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og Bunnell, Fire Chief
CLERMONT
CITY OF CLERMONT
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This4i-day of~Þ ,2004
MONTVERDE
TOWN OF MONTVERDE
/lL H~e-¿
Helen Pearce, Mayor
This ! ~ day of ~, 2004
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MONTVERDE FIRE DEPARTMENT
17105 PORTER AVENUE
MONTVERDE,FL 34756
ADDENDUM
June 22, 2004
The following are accepted as a formal addendum to the existing Mutual Aid Agreement
currently in place between the respective Fire Departments of the City of Clermont and
the Town of Mont verde.
1. Montverde Fire will ask Lake County to automatically dispatch the
Clermont Tower Truck at Station 1 to all fire alarm calls at the Montverde
Academy, as a course of first response.
2. Montverde Fire will ask Lake County to dispatch a Clermont Paramedic to
respond to Montverde calls if EMS units 321 and 322 are not in their
respective first due areas. This will ensure a proper EMS response to our
district and minimize the wait on scene for advanced life support.
3. Montverde Fire will respond a single engine to any calls involving a
structure, with the exception of automatic fire alarms, to any structure east
of North Hancock Road and North ofHwy 50 (this would include Target,
Ruby Tuesday's, etc.) or if requested, to any other area of the City of
Clermont.
4. Montverde Fire would like to add a response of the Clermont Rescue Boat
to our first due response to any boating emergencies in our first due area.
5. Montverde Fire would like to add a response for the Clermont Special
Response Team to our first due response for any hazmat and confined
spaces emergencies in our first due area.
All appropriate parties have reviewed the above amendments and signatures below reflect
the approval of this addendum, effective immediately.
We thank the City of Clermont for it's continues support and efforts to further enhance
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po Bunnell, ChIef Carle Bishop, Chl~
Montverde Fire Department City of Clermont Fire Department
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City of Clermont
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Helen Pearce, Mayor
Town of Mont verde