7. 06/19/2019 Agreement z couar��11
%oJJVc'I�Uf�$QII� Kevin Madok, CPA
6'#1 .A-'0'4y 1= Clerk of the Circuit Court& Comptroller—Monroe County, Florida
,1�Roe eooc�'�
DATE: July 10, 2019
TO: Chief James Callahan
Fire Rescue/EMS
Debbie Lofberg
Executive Administrator
FROM: Pamela G. Hanc r j .` ).C.
SUBJECT: June 19th BOCC Meeting
Enclosed is a duplicate original of the following item for your handling:
C2 Mutual Aid Agreement between Monroe County BOCC and Naval Air Station Key
West 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
•
DEPARTMENT OF THE NAVY
NAVAL AIR STATION KEY WEST
BOX 9001
KEY WEST, FL 33040-9001
NAVAL AIR STATION KEY WEST
11320
•
JUNE 3,2019
MUTUAL AID AGREEMENT
BETWEEN
COMMANDING OFFICER NAVAL AIR STATION,
KEY WEST, FL
AND
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY FIRE RESCUE DEPARTMENT
MONROE COUNTY, FL
FOR THE PROVISION of FIREFIGHTING ASSISTANCE
THIS MUTUAL AID AGREEMENT (hereinafter, the "Agreement") is made and entered into
this 3rd day of June 2019 by and between Commanding Officer, Naval Air Station,Key West, USA
(hereinafter, "Navy"), and the Monroe County Board of County Commissioners, Monroe County Fire
Rescue Department, Monroe County, Florida for firefighting assistance (hereinafter, "Monroe County
Fire Rescue").
WITNESSETH:
WHEREAS,each of the Parties hereto maintains equipment and personnel for the response and
mitigation of emergency incidents occurring within areas under their respective jurisdictions, and
WHEREAS, the Parties hereto desire to prevent the loss of life and property by providing
mutual emergency response capabilities that available in their respective jurisdictions, and
WHEREAS, the lands or districts comprising the respective jurisdictions of the Parties are
adjacent or contiguous to one another such that the rendering of mutual assistance between the Parties
in response to an emergency incident is feasible, and
WHEREAS,it is the policy of the Department of the Navy and the Commanding Officer,Naval
Air Station Key West, FL, to enter into Mutual Aid Agreements (MAA) with non-Federal Fire
Departments located in the vicinity of a Naval installation, whenever practicable, and
WHEREAS,the Parties have mutually concluded that it is desirable,practicable,and beneficial
for the Parties to enter into this Agreement to memorialize their willingness and ability to render
- assistance to one another,in order to prevent the loss of life and property within the civilian community
and the Naval Air Station, Key West, FL and outlying installations and facilities;
- 1 - Mutual Aid Agreement
NOW, THEREFORE,BE IT AGREED THAT:
1. Pursuant to 42 U.S.C. §1856a,DODI 6055.06, and OPNAVINST 11320.23G,the Parties enter
into a Mutual Aid Agreement (MAA) to provide personnel and equipment required for the
protection of life and property from fire; emergency response services including emergency
medical services,hazardous material response, and technical rescue events within the scope of
services provided by each department.
2. The senior officer of a Fire Department belonging to a Party to this Agreement, or the senior
officer of such Fire Depal taiient actually present at an emergency scene,may request assistance
under the terms of this Agreement from the other Party's Fire Department, whenever he/she
deems it necessary to make such a request.
3. The requesting and rendering of assistance from one Party to the other under the terms of this
Agreement shall be accomplished in accordance with detailed operational plans and procedures,
which shall be developed by each of the Parties. The technical heads of each Party's Fire
Department shall work together to implement such plans and procedures in a manner
compatible with the operational authorities of each.In the absence of more specific procedures,
the Parties will generally proceed as follows:
a. The senior officer on duty of the Party receiving a request for assistance shall take
the following actions:
(1) Immediately determine if the requested apparatus and personnel are available
to respond to the call for assistance.
(2) In accordance with the terms of this Agreement, forthwith dispatch such
apparatus and personnel, along with instructions as to their mission, use and
deployment, in quantities and amounts as in the judgment of the senior officer
receiving the call can be provided to the requesting Party without jeopardizing
the mission of the Party providing such resources.
b. The senior officer of the Party requesting assistance shall normally assume full
charge of the operations at the scene of the fire or other emergency.However,under
procedures agreed to by the technical heads of the Parties involved, a senior officer
of the Party furnishing the assistance may assume responsibility for the
coordination of the overall operations at the scene of the fire or other emergency.
c. The Parties Agree to the use of each entities radio bandwidths assigned to them by
the Federal Communications Commission (FCC) for interoperability functions
during mutual aid assistance and training.
4. The rendering of assistance under the terms of this Agreement shall not be mandatory.
a. The Party receiving a request for assistance shall endeavor to immediately inform
- 2 - Mutual Aid Agreement
•
the requesting Party if the requested assistance cannot be provided and,if assistance
can be provided, the quantity of such resources as may be dispatched in response to
such request.
b. Neither Party shall hold the other Party liable or at fault for failing to respond to
any request for assistance or for failing to respond to such a request in a timely
manner or with less than optimum equipment and or personnel, it being the
understanding of the Parties that each is primarily and ultimately responsible for
the provision of fire suppression and hazardous material incident response needed
within their own jurisdictions.
c. All services performed under this Mutual Aid Agreement shall be rendered without
reimbursement to either party.
5. As required by Federal law as a condition precedent to entering into this Agreement,the Parties
hereby waive all claims against the other Party for compensation of any loss,damage,personal
injury, or death occurring in consequence of the performance of this Agreement. Monroe
County and Navy agree that neither party's fire department is the agent of the other party,
including when responding to a request for fire or emergency rescue assistance. Each party's
fire depai tiiient is solely responsible for any acts of negligence by its agents and/or employees.
Nothing herein is intended to waive the sovereign immunity-afforded to Monroe County
pursuant to Florida Law, including the provision contained in section 768.28 Florida Statutes.
6. Independent of, and in addition to, any provisions of this Agreement, Naval Air Station, Key
West, FL is authorized and has the discretion to render disaster relief or emergency assistance
to preserve life and property in the vicinity of a DoD installation, when in the opinion of the
installation commander, the assistance is in the best interest of the United States. 42 U.S.C. §§
5121-5206; DoD 3025.1-M.
TRAINING:
1. Whenever either Party hosts fire protection training, practical exercises and drills ("Host
Department")it may,to the maximum extent practicable and subject to its sole discretion, offer
to provide the same training to members of the other Party("Guest Department").
2. The Host Department will not charge the Guest Department for any training provided under
the terms of this Agreement,unless it is a cost that cannot be covered by the Host Depailiiient
such as, cost per student or cost of a certificate.
3. The Guest Department will be solely responsible for the payment of any and all costs necessary
for their personnel to attend any training provided by the Host Department including, but not
limited to, lodging,meals and travel.
4. This Agreement is entered into voluntarily by both Parties. Specific training will be provided
in reference to specific aircraft, airport familiarization, as well as FAA required training.
- 3 - Mutual Aid Agreement
5. The Guest Department is responsible for ensuring that its members observe all training rules,
regulations,and guidelines provided by the Host Department.Neither Party shall hold the other
Party liable or at fault for damage or injury incurred during joint training activities.
6. The Host Department reserves the right to deny training to any member who does not meet the
prerequisites necessary to attend the training under the terms of this Agreement.
EXECUTION OF THIS AGREEMENT:
This Agreement shall become effective upon the date of the last signature to this Agreement, and
shall remain in full force and effect no more than six years from the effective date or until cancelled
by mutual agreement of the Parties,or upon the provision of at least sixty(60)days advance written
notice from either Party desiring to terminate this Agreement. Upon becoming effective, this
Agreement shall supersede all previous agreements between the Parties concerning the rendering
of assistance from one to the other for the purposes stated in this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed the Mutual Aid Agreement
on the date first written above.
YL 'A M RPHY B.J. AKER, CAPTAIN, USN
� � ',�-, /Chairman of Board of County Commanding Officer
.' tr ari -NI\ ,, sioners Naval Air Station Key West
y " t• { ' VIN MADOK, CLERK
y ,1,
Deputy Clerk
Lie/A—_ 3 sit./ k
ES CALL AN C T I IEGE
• ire Chief Fire Chief
Monroe County Fire Rescue Naval Air Station Key West
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Copy to: ASSISTANT CO N ATFOF;.. rG o c�,
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- 4 - Mutual "Aid Agreement