03/18/2015 Agreement3�
OG�ry FLOWN •
iAMY c NEAVILIN,
CPA
27 CLERK OF CIRCUIT COURT & COMPTROLLER
iMONROE COUNTY, FLORIDA
DATE: April 14, 2015
TO: Chief Callahan
ATTN: Darice Horachek
FROM: Lindsey Ballard, D. CV09
At the March 18, 2015 Board of County Commissioner's meeting the Board granted the approval and
execution of Item C 19 a Mutual Aid Agreement between the City of Key West, Florida, a municipal
corporation organized under the laws of the State of Florida, and Monroe County, a political subdivision
of the State of Florida, for the purpose of providing personnel and equipment in each of the parties
respective jurisdictions in the event of large scale fire or unusual emergency incidents.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any
questions, please feel free to contact our office.
CC: County Attorney (electronic copy)
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146
MUTUAL AID AGREEMENT FOR FIRE RESCUE AND EMERGENCY SERVICES
By and Between
MONROE COUNTY, FLORIDA
And
THE CITY OF KEY WEST, FLORIDA
Thi utua Aid Agreement ("Agreement") is made and entered into this / day of
, 2015, by and between Monroe County, a political subdivision of the State of
Florida ("County"), and the City of Key West, Florida, a municipal 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 and City of Key West 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:
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.
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.
Page 1 of 3
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 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 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, when applicable, 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 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.
6. 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.
7. 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.
8. Notice: Any notices required to be given under this Agreement shall be delivered by
first class U.S. mail as follows:
Page 2 of 3
For Monroe County: Monroe County Fire Chief James Callahan
490 63'd St. Ocean
Marathon, FL 33050
Telephone: (305) 292-3470
Facsimile: (305) 289-6007
With a copy to: Monroe County Attorney's Office
1111 121h St. Suite 408
Key West, FL 33040
Telephone: (305) 292-3470
Facsimile: (305) 292-3516
For the City of Key West:
With a copy to:
Key West Fire Chief David Fraga
1600 North Roosevelt Blvd.
Key West, FL 33040
Telephone: (305) 809-3939
Facsimile: (305) 293-8399
Key West Attorney's Office
3128 Flagler Ave.
Key West, FL 33040
Telephone: (305) 809-3770
Facsimile: (305) 8093771
9. 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.
WHEREOF, the Parries hereto have executed this Agreement on the date written
leavilin, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Danny L. Kolhage, Mayor/Chairman
'THE CITY OF
.��:';Ierk Cares, Mayor
W - �.
MONROE COUNTY ATTORNEY
AP OV D AS 0 0
Page 3 of 3 NTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date— f=q - 9-0 1 b