03/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 23, 2010
TO:
Fire Chief James Callahan
Fire-Rescue Department
FROM:
Susan Hover
Pamela G. Hancock. D.~
A TTN:
At the March 17, 2010, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
/Memorandum of Understanding between Monroe County and The City of Key West for
mutual fire and emergency services assistance. Enclosed are two duplicate originals for your
handling.
Memorandum of Understanding between Monroe County and Atlantic/Key West
Ambulance, Inc. for mutual fire and emergency services assistance. Enclosed is a duplicate
original for your handling.
Memorandum of Understanding between Monroe County and City of Marathon for
mutual fire and emergency services assistance. Enclosed is a duplicate original for your
handling.
Memorandum of Understanding between Monroe County and Islamorada, Village of
Islands for mutual fire and emergency services assistance. Enclosed is a duplicate original for
your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finange
Filev'
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF KEY WEST, FLORIDA AND
MONROE COUNTY
MUTUAL FIRE AND EMERGENCY SERVICES ASSISTANCE AGREEMENT
This Agreement. made and entered into this 1)4- day of ~201O. by and
between Monroe County (COUNTY). a political subdivision of the State of Florida, and the City
of Key West, Florida (KEY WEST), a municipal corporation existing under the laws of the State
of Florida.
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 Key West and 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:
Page 1 of 4
1. Whenever it is deemed advisable by the authorized Senior Officer of a fire
department of a party to this Agreement to request firefighting or rescue assistance
under the terms of this Agreement, the authorized Senior Fire Officer on duty of the
fire department 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 head of fire departments involved.
d. Forthwith dispatch such apparatus and personnel as, in the judgment of the Senior
Fire 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 neither 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. Each party engaging in any mutual cooperation and
assistance, pursuant to this Agreement, agrees with respect to any suit or claim for
Page 2 of 4
damages resulting from any and all acts, omissions, or conduct of such party'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, subject to provisions of Section 768.28, Florida Statutes,
where applicable, and provided such party shall have control of the defense of any
suit or claim to which said duty to indemnify applies.
4. All services performed under this Agreement shall be rendered without reimbursement
to either 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.
5. All of the privileges and immunities from liability, exemption form 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.
6. The Chief Fire Officers and personnel of the fire departments of both parties to this
Agreement are invited and encouraged, on a reciprocal basis, to frequently visit each
Page 3 of4
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 fire departments of the parties to this Agreement are authorized
and encouraged to draft any Standard Operating Procedures necessary to effect this
Agreement. Such plans will become effective when ratified by the signatories, and
shall be attached to this Agreement as an exhibit.
7. This Agreement shall become effective upon the date hereof and shall remain in effect
for a period of three (3) years. Either party upon written notice to the other may
terminate this Agreement at any time.
8. This Agreement constitutes the entire agreement between the parties; it may be
amended only in writing signed by both parties.
IN ~TNESS WHEREO~O have executed this Agreement on the date written
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BOARD OF COUNTY COMMISSIONERS
OFMONRO~~~
By: ~.
May IChai an
THE CITY OF KEY WEST, FLORIDA
EY