07/15/2020 Agreement ;yyayy ' w...t",, Kevin Madok, CPA
It( 1
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: July 22, 2020
TO: Chief James Callahan
Fire Rescue/EMS
Cheri Tamborski
Executive Administrator
I
FROM: Pamela G. Han .C.
SUBJECT: July 15th BOCC Meeting
Enclosed is an electronic copy of the following item for your handling:
C13 Mutual Aid Agreement between Monroe County BOCC and Ocean Reef for the
provision of firefighting assistance.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
MUTUAL AID AGREEMENT FOR FIRE RESCUE AND EMERGENCY SERVICES
By and Between
MONROE COUNTY,FLORIDA
And
OCEAN REEF VOLUNTEER FIRE DEPARTMENT,INC.
This Mutual Aid Agreement ("Agreement") is made and entered into this 15th day of
July 20M, by and between Monroe County, a political subdivision of the State of
Florida("County"), and the Ocean Reef Volunteer Fire Department,Inc.,a corporation organized
under the laws of the State of Florida(collectively,referred to as the"Parties").
WITNESSETH:
WHEREAS,each of the Parties maintains equipment and personnel for the suppression of
fires and emergency rescues within its own jurisdiction and areas;and
WHEREAS, the Parties desire to augment fire and emergency services available in their
respective jurisdictions in the event of large fires or unusual emergency incidents;and
WHEREAS,the lands or districts of the Parties are adjacent or contiguous so that mutual
assistance in a fire or rescue emergency is deemed feasible; and
WHEREAS,it is the policy of the County to conclude such agreements where practicable;
and
WHEREAS,it is deemed by the Parties to be sound, desirable,practicable,and beneficial
to render assistance to one another in accordance with these terms:
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
I. Whenever it is deemed advisable by the authorized Senior Officer of a party to this
Agreement to request firefighting or rescue assistance under the terms of this
Agreement,the authorized Senior Officer on duty receiving the request shall forthwith
take the following action:
a. Immediately determine if apparatus and personnel can be spared in response to the
call.
b. Determine what apparatus and personnel might most effectively be dispatched.
c. Determine the mission to be assigned in accordance with the detailed plans and
procedures of operations drawn in accordance with this Agreement by the technical
heads of Parties involved.
Page I of 4
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the Senior
Officer receiving the call, should be sent in accordance with the terms of this
Agreement.
2. While the rendering of assistance under the terms of this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
the requesting service if service cannot be rendered, A failure to inform or failure to
render assistance shall not be considered a negligent act.
3. The Parties agree that upon requesting assistance pursuant to this agreement the Senior
Officer on scene requesting assistance will maintain command and control of the
incident within the impacted jurisdiction. The Senior Officer on scene may relinquish
command and control to another jurisdiction if The Parties are in agreement.
4. The Parties agree that no party is the agent of the other. Each party is responsible for
any acts of negligence by its agents or employees. Each party to this Agreement waives
any and all claims against the other party for compensation for any loss, damage to
property, personal injury, and death occurring in consequence of the performance of
this Agreement. Subject to and without waiving the provisions of Section 768.28,
Florida Statutes, each party engaging in any mutual cooperation and assistance,
pursuant to this Agreement, agrees with respect to any suit or claim for damages
resulting from any and all negligent acts, omissions, or negligent conduct of such
parry's own employees occurring while engaging in rendering such aid pursuant to this
Agreement, to hold harmless, defend and indemnify the other participating party and
its appointees or employees, when applicable, provided such party shall have control
of the defense of any suit or claim to which said duty to indemnify applies.
5. All services performed under this Agreement shall be rendered without reimbursement
to another party. Each party agrees to furnish necessary equipment, resources and
facilities and to render services to each other party to the Agreement as set forth above;
provided however, that no party shall be required to deplete unreasonably its own
equipment,resources,facilities,and services in furnishing such mutual aid.
6. All of the privileges and immunities from liability, exemption from laws, ordinances
and rules,and all pensions,insurance,relief,disability,workers'compensation, salary,
death and other benefits which apply to the activity of such officers, agents, or
employees of any such agency when performing their respective functions within the
territorial limits of their respective public agencies shall apply to them to the same
degree,manner,and extent which engaged in the performance of any of their functions
and duties extraterritorially under the provisions of this Agreement. The provisions of
this section shall apply with equal effect to paid,volunteer, and reserve employees.
7. The Chief Officers and personnel of the Parties to this Agreement are invited and
encouraged, on a reciprocal basis,to frequently visit each other's activities for guided
familiarization consistent with local security requirements and conduct joint pre-
incident planning, inspections,training,and drills. The technical heads of the Parties
to this Agreement are authorized and encouraged to draft any Standard Operating
Procedures necessary to effect this Agreement.
Page 2 of 4
8. This Agreement shall become effective upon the date hereof and shall remain in effect
until terminated by any party or superseded by a new Agreement. This Agreement may
be cancelled by any party after providing a minimum of thirty(30)days' written notice
of intent to cancel said Agreement.
9. Notice: Any notices required to be given under this Agreement shall be delivered by
first class U.S. mail as follows:
For Monroe County: Monroe County Fire Chief lames Callahan
490 63r1 St. Ocean
Marathon,FL 33050
Telephone: (305)292-6088
Facsimile: (305)289-6336
With a copy to: Monroe County Attorney's Office
1111 12'h St. Suite 408
Key West,FL 33040
Telephone: (305)292-3470
Facsimile: (305)292-3516
For the Ocean Reef Ocean Reef Community Association
Volunteer Fire Department,Inc.: President Genaro"Chip"Iglesias
35 Ocean Reef Drive, Suite 220
Key Largo, FL 33037
Telephone: (305) 367-3067
Email: ciglesias®orcareef.com
10. This Agreement constitutes the entire agreement between the Parties and may be
amended only in writing signed by the Parties. This Agreement shall take effect
immediately upon execution by the last of the Parties signing below. Each of the
signatories to this Agreement attests that he/she is authorized to enter into this
Agreement on behalf of his or her governing body or corporate board.
(signatures on next page)
Page 3 of 4
IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the date written
h _
BOARD OF COUNTY COMMISSIONERS
ref
�h e�v '� YIN MADOK, OF MONROE COUNTY,FLORIDA
1t I LERK
'r
liggite.
By: G " L By:
as Deputy Clerk _ Mayor, Heather Carruthers
OCEAN REEF MONROE COUNTY ATTORNEY:
VOLUNTEER FIRE DEPARTMENT,INC.
ATTORNEY
V------4/:
/ FORiA
TTORBY: ASSISflt, NTVATIDBNEY
Preside, Genaro CIgles&s Date 7/15/20
Date: 6/2�I2 0
c_ 1
_ l
r—
N 'C
s rn
N 2
O
l _
al O
Page 4 of 4