1997-06
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MUTUAL AID AGREEMENT
BETWEEN
TOWN OF MONTVERDE
AND
CITY OF CLERMONT
This Agreement,
made and
entered into this 1st day of
OCTOBER, 1996,
by and between the Town of Montverde, a
Florida Municipal Corporation, hereinafter referred to as
"Montverde" ,
and
the City of Clermont, a Florida Municipal Corporation,
hereinafter referred to as "Clermont".
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 Montverde and of Clermont are
nearby; and
WHEREAS, it is desirable that an agreement be entered into
between the parties for their mutual benefit in times of
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
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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,
disasters.
but not limited to, structural fires, stand-by, and natural
Mutual aid shall not include first due response for
2.
medical calls or extrications.
Equipment shall be dispatched only as requested by the
calling party, and the number of such pieces and the amount of
.
party.
personnel dispatched shall be at the discretion of the responding
(a)
(b)
(c)
(d)
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.
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.
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.
At no time shall fire department personnel under the
age of eighteen (18) years be dispatched to another
agency for assistance. This includes junior fire
fighters, 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
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afforded adequate coverage.
Each department shall advise the
(a)
other immediately if such condition exists.
The department shall communicate as soon as possible
any non-emergency condition which makes their
department unavailable for mutual aid responses ( i.e.:
engine out of service for repairs).
4.
Montverde and Clermont do not assume any liability for the
Each shall
acts, omissions, or negligence of the other.
indemnify and hold harmless the other from all claims, damages,
losses, and expenses arising out of, or resulting from, the
5.
performance of their respective operations under this agreement.
Neither Montverde or Clermont shall receive payment or be
reimbursed for any expenses or the like incurred in connection
provided in the performance of this agreement from
the other.
with services
(a)
(b)
(c)
Exception: Those expendable supplies and items which
are used during a mutual aid response shall be either
replaced with the exact item or payment made 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.
It shall be the responsibility of the providing Chief
or his/her designee to notify the requesting agency
that an item shall be chargeable.
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 Montverde or Clermont shall be responsible for
benefits, insurance and other such personnel
salaries, overtime,
7.
for personnel employed by the other.
The party responding to a call from the other party, while
within the area of the other party, shall be subject to the
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orders and direction of the Officer in Charge of the operations
(a)
in the area where the emergency exists.
(b)
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.
The firefighters from the department giving mutual aid
shall remain under the command of their own department
officers.
8.
This agreement shall apply to emergenc1es existing within
the areas of fire protection of Montverde and Clermont, 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
9.
other fire departments.
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, Montverde and
(a)
clermont agree to the following:
(b)
(c)
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.
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 operations.
As soon as sufficient personnel and equipment from the
department which has jurisdiction arrives on the scene
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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 glvlng
a minimum of thirty (30) days written Notice of Intent to Cancel
said agreement.
This agreement shall continue in perpetuity
until canceled 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, standplpes,
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 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, signlng by and
through the Mayor, authorized to execute same by Council action
on the 1st day of October, 1996, and ROBERT A. POOL duly
authorized to execute the same for Clermont.
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ATTEST:
MONTVERDE
TOWN OF MONTVERDE
~7/~.
HELEN H. PEARCE, TOWN CLERK
...
(
Approved as to form and
legal content by Town Attorney
R CHARD HENN~NGS,
TOWN ATTORNEY
ATTEST:
CLERMONT
CITY OF CLERMONT
~1/~
ROBERT A. POOL, MAYOR------
Thi s ~ti::Á day 0 f ~
1991'.
Approved as to form and
legal content by City Attorney
~~~
LEONARD BAIRD,
CITY ATTORNEY
RECOGNIZED BY:
MONTVERDE FIRE DEPARTMENT
,i)~
GLEN BRECHEEN, FIRE CHIEF
CLERMONT FIRE DEPARTMENT
c~qs&. ~
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