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2004-28 . -{-'"' .~. , ., . . . ..~ 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" , , And The Town of Mont verde, a Florida Municipal Corporation, hereinafter referred to as "Montverde" . ~ 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. , , . 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. . 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. . , \ . 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: . 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. . 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. ~, . . . . . 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. , '... . . . ATTEST: ~)¡;ßJ¿! CITY ATTORNEY ATTEST: Approved as to form and Legal content by Town Attorney '1Y/4Jl6c. ~ RECOGNIZED BY: MONTVERDE FIRE DEPARTMENT £~ og Bunnell, Fire Chief CLERMONT CITY OF CLERMONT ~ This4i-day of~Þ ,2004 MONTVERDE TOWN OF MONTVERDE /lL H~e-¿ Helen Pearce, Mayor This ! ~ day of ~, 2004 ," \. ' , " . . . 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 :;::::t::~ re~ve citizens a: ~.~ po Bunnell, ChIef Carle Bishop, Chl~ Montverde Fire Department City of Clermont Fire Department ~'Ðr City of Clermont ~¥.~ Helen Pearce, Mayor Town of Mont verde