1999-53
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Mutual Aid Agreement
Between
City of Clermont
And
City of Mascotte
This Agreement, made and entered into this 1 st day of August, 1999, by and
between the City of Clermont, a Florida Municipal Corporation, hereinafter referred to as
"Clermont",
and
the City ofMascotte, a Florida Municipal Corporation, hereinafter referred to as
"Mascotte" .
WITNESSETH
WHEREAS, the parties have established and maintain Fire Departments with
flfefighting equipment and full time or volunteer personnel as firefighters; and
WHEREAS, the boundaries of Clermont and ofMascotte 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 limited 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 fÌ'om 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. If for any reason their response is to be delayed this
shall be communicated to the requesting department immediately.
(c)
The Fire Chiefs shall establish a standard response for assistance
requests which shall be dispatched if no special requests for other
apparatus, equipment, or personnel are made. This shall also
include the guidelines for personal vehicle response.
(d)
At no time shall fire department personnel under the age of
eighteen (18) years be dispatched to another agency for assistance.
This includes junior firefighters, explorers, and any others who
may be members of the department.
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 Mascotte do no assume any liability for the acts, omissions, or
negligence of the other. Each shall indemnify and hold harmless the other ftom all
claims, damages, losses and expenses arising out of, or resulting ftom, the
performance of their respective operations under this agreement.
5.
Neither Clermont or Mascotte shall receive payment or be reimbursed for any
expenses or the like incurred in connection with services provided in the
performance of this agreement ftom 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 hislher
designee to notify the requesting agency that an item shall be
chargeable, .
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(c)
It shall be the responsibility of the requesting agency to secure
payment for these items from the owner, occupant, or responsible
party of the incident.
6.
Neither Clermont or Mascotte shall be responsible for salaries, overtime, benefits,
insurance and other such personnel 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 Mascotte, 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 Mascotte 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 a request for service is received and after dispatch, it is learned
that it is nearby, but out of the department's 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 operation~.
(c)
As soon as sufficient personnel and equipment from the
department which has jurisdiction arrives on the scene and is ready
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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
continue in perpetuity until cancelled by one or both parties.
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: Mascotte through its City
Council, signing by and through the Mayor, authorized to execute same by Council
action on the 1st day of August, 1999, and HAL TURVILLE duly authorized to execute
the same for Clermont.
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ATTEST:
all!/ 0 :J Y/h III OJ.¡J
Approved as to fonn and
Legal content by City Attorney
LEONARD BAIRD,
CITY ATTORNEY
ATTEST:
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Approved as to fonn and
Legal content by: Ity ttomey
RECONGNIZED BY:
~COT1E FIRE DEP AR~
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CLERMONT
CITY OF CLERMONT
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This /tJ
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day k 1999
MASCOTTE
CITY OF MASCOTTE
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This \ L\ -tV> day O~1999