2011-21 l 3
AUTOMATIC AID INTERLOCAL AGREEMENT
This Agreement entered into this 4 day of , 2011, by and between
the CITY OF CLERMONT, a Florida Municipal Corporation hereinafter referred to as the
"City" and LAKE COUNTY, FLORIDA, a political subdivision of the State of Florida,
hereinafter referred to as the "County."
Whereas, the County is responsible to ensure emergency fire and medical services are
provided within the unincorporated areas of Lake County, including areas that are adjacent to or
surrounded by the area serviced by the City; and
Whereas, the City maintains fire and medical services stations closer to the
unincorporated areas surrounded by the City or adjacent to the City and with a shorter response
time to the proposed response area than does the County; and
Whereas, the location of the City stations will result in a reduction of response times to
emergencies located within the proposed response area of said unincorporated areas surrounded
by the City or adjacent to the City; and
Whereas, Chapter 125, Florida Statutes, County Government, Section 125.01, Powers
and Duties, Subsection 125.01(1)(d), authorizes the COUNTY to provide fire protection services
and subsection 125.01(1)(p) authorizes the COUNTY to contract with other governmental
agencies for services; and
Whereas, Chapter 166, Florida Statutes, Municipalities, Section 166.021, Powers,
authorizes the CITY to enter into interlocal agreements for the provision of services;
Now Therefore, in consideration of the mutual covenants and obligations contained
herein, the receipt and sufficiency of which is hereby acknowledged by the City and the County,
the parties hereto do hereby enter into this Agreement under the terms and condition set forth
herein.
SECTION 1. RECITALS:
The above recitals are true and correct and by this reference are hereby incorporated into
and made an integral part hereof.
SECTION 2. DEFINITIONS:
City Chief: Means the Fire Chief for the City of Clermont
County Chief: Means the Fire Chief for Lake County
Emergency Services: Means services provided during fire and emergency medical
incidents.
Response Area: Means the services area boundaries identified in Appendix A
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SECTION'3. TERM: This Agreement is the sole agreement governing the emergency
services provided by the City to the unincorporated area within the response area identified in
Appendix A. This Agreement will be in force and effective upon the approval and signing of
said Agreement by both elected governing bodies as set forth in Section 9 and remain in effect
unless otherwise terminated in accordance the terms herein.
SECTION 4. AGREEMENT MODIFICATION: No modifications hereof shall be
effective unless made in writing and executed by the parties hereto with the same formalities as
this Agreement is executed.
SECTION 5. SERVICES PROVIDED: The City agrees to automatically provide
emergency services to the unincorporated areas of Lake County identified within the response
area. The County will receive and take the 911 emergency calls from the unincorporated area
within the response area at the County 911 center in accordance with the County's and the City's
' standard procedure for handling 911 emergency calls.
SECTION 6. OPERATIONAL METHODOLOGY: The City agrees to operate and
provide emergency services within the response area as with any normally run City emergency.
The City will notify the County of any additional resources required.
SECTION 7. REPORT TRACKING: The City agrees to provide, in a timely manner, a
report containing the number of calls answered and the average response time, to the Lake
County Emergency Services Department, upon request by the Fire Chief.
SECTION 8. TERMINATION/REVISION OF AGREEMENT: This Agreement
may be terminated by either party, for any reason, with or without cause upon thirty (30) days
written notice. Either party may request to revise this Agreement. Such requests must be placed
in writing, and address the reason for the revision as well as provide proposed revised language.
SECTION 9. NOTIFICATION: Notifications shall be sent to the fire chiefs at the
following addresses:
City of Clermont Lake County
Carle L. Bishop, Fire Chief John Joliff, Fire Chief
439 W. Hwy. 50 315 W. Main Street
Clermont, FL 34711 Tavares, FL 32778
SECTION 10. AUDITING. RECORDS AND INSPECTIONS: In the performance of
this Agreement, the City shall keep books, records, and accounts of all activities, related to the
Agreement, in compliance with generally accepted accounting procedures. Books, records and
accounts related to the performance of this Agreement shall be open to inspection during regular
business hours by an authorized representative of the County and shall be retained by the City for
a period of three years after termination of this Agreement. All books, records, and accounts
related to the performance of this Agreement shall be subject to the applicable provisions of the
Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other
materials produced, in whole or in part for the benefit and use of the County, under this
Agreement shall be subject to copyright by the City in the United States or any other country.
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SECTION 11. JURISDICTION. VENUE AND CHOICE OF LAW: All questions
pertaining to the validity and interpretations of this Agreement shall be determined in accordance
with the laws of the State of Florida. Any legal action by either party against the other
concerning this agreement shall be filed in Lake County, Florida, which shall be deemed proper
jurisdiction and venue for the action.
SECTION 12. ATTORNEY'S FEES AND COSTS: In the event of any litigation
between the parties arising out of this contract, each party shall bear its own attorney's fees and
costs.
SECTION 13. SEVERABILITY:, If any section, paragraph, sentence, clause, phrase, or
word of this contract, is for any reason held by a Court to be unconstitutional, inoperative, or
void, such holding shall not affect the remainder of this contract.
SECTION 14. HOLD HARMLESS:
a) To the extent provided by law, the County shall be held harmless against any and
all claims for bodily injury, sickness, disease, death or personal injury or damage to property or
loss of use resulting therefrom, arising out of this contract, or any services provided by the City
pursuant to this Agreement, if such claims are a result of the City's sole negligence.
b) To the extent provided by law, the City shall be held harmless against any and all
claims for bodily injury, sickness, disease, death or personal injury or damage to property or loss
of use resulting therefrom, arising out of this contract, or any services provided by the County
pursuant to this Agreement, if such claims are a result of the County's sole negligence.
c) Nothing herein shall be considered or act as a waiver of any sovereign immunity
that either party may enjoy.
SECTION 15. AUTHORIZATION/EFFECTIVE DATE:
Effective date of this Agreement shall be on the / day of VtJ , 2011.
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF LAKE COUNTY, FLORIDA
By: By: sae_ 0 4ok.Le.e '
Clerk , Chairperson
ATTES . CITY OF CLERMONT
' 1 111 / 111111 %)
Tracy ckro d Clerk
Y ' Y � / -4111...- old S. Turville, ayor
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Automatic Aid Interlocal Agreement between LAKE COUNTY and CITY OF CLERMONT
Passed and Adopted this \ day of 6,C , 2011
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
e fer Hi 1 hairman
This I day of —! ,► 2011.
ATTEST:�`�,
1 \ 14 _Kely,Clerlcot y ke
Board of County C s.. issioners
of Lake County, Florida
A • : o ed . to fe and legality:
Sanford A. Minkoff
County Attorney
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APPENDIX A
RESPONSE AREA
This agreement covers only the road rights -of -way identified as follows:
• Old Highway 50 (C.R. 50) from the current east City limits (just east of Hancock Road)
east to the intersection of N. Greater Hills Boulevard, including the intersection
• S.R. 50 from the current east City limits east to the intersection of S. Greater Hills
Boulevard, including the intersection
• Citrus Tower Boulevard (from Hooks Street south to Steve's Road)
• Hooks Street (from Citrus Tower Boulevard east to Excalibur Road)
• Excalibur Road (from Hooks Street south to Steve's Road)
• S. Hancock Road (south to Hartwood Marsh Road
• U.S. 27 south to the current City limits (just south of Hartwood Marsh Road)
• Hartwood Marsh Road (from the intersection of U.S. 27 east to the Winter Garden city
limits)
Clermont Fire /LCFR will request mutual aid for assistance with roadway - related incidents from
the closest station to the incident through existing Mutual Aid Agreements. For example, for an
incident at S.R. 50 and Hancock Road, if Clermont Fire Department needed another engine
company, it would request Lake County's E -90. For an incident at S.R. 50 and C.R. 455, if Lake
County Fire Rescue needed an engine company, it would request Clermont's E -103.
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