Item C13 C.13'
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe r�l Mayor Heather Carruthers,District 3
Keys Mayor
The Florida � - Mayor Pro Tem Michelle Coldiron,District 2
'` �ql
l €d� Craig Cates,District 1
\J? V,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: C.13
Agenda Item Summary #7053
BULK ITEM: Yes DEPARTMENT: Emergency Services
TIME APPROXIMATE: STAFF CONTACT: James Callahan (305) 289-6088
N/A
AGENDA ITEM WORDING: Approval of a Mutual Aid Agreement (MAA) between Monroe
County BOCC and Ocean Reef for the provision of firefighting assistance.
ITEM BACKGROUND: Each of the parties maintain equipment and personnel for the
suppression of fires and emergency rescues within their own jurisdiction and areas. The
parties desire to ensure that augmented fire and emergency services will be available in
their respective jurisdictions in the event of large fires or unusual emergency incidents. The
lands or districts of the parties are adjacent or contiguous so that mutual assistance in a fire or
rescue emergency is deemed feasible. It is the desire of the parties to set forth formally in
writing what has been the mutual aid practice of the parties.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
Mutual Aid Agreement With Ocean Reef for the provision of firefighting assistance
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Mutual Aid Agreement- Ocean Reef signed version
FINANCIAL IMPACT:
Effective Date: 07/16/2020
Expiration Date: Ongoing
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Packet Pg.463
C.13'
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
N/A
REVIEWED BY:
Pedro Mercado Completed 06/26/2020 9:39 AM
James Callahan Completed 06/26/2020 10:09 AM
Purchasing Completed 06/26/2020 10:16 AM
Budget and Finance Completed 06/26/2020 10:38 AM
Maria Slavik Completed 06/26/2020 10:41 AM
Kathy Peters Completed 06/26/2020 12:21 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
Packet Pg.464
C.13.a
MUTUAL AID AGREEMENT FOR FIRE RESCUE AND EMERGENCY SERVICES
By and Between
INC.MONROE COUNTY,FLORIDA
And
OCEAN REEF VOLUNTEER FIRE DEPARTMENT, 0
This Mutual Aid Agreement ("Agreement") is made and entered into this day o
20
by and between Monroe County, a political subdivision-of the State o
Florida("County"), and the Ocean Reef Volunteer Fire Department, Inc., a corporation organized
der the laws of the State of Florida(collectively, referred to as the"Parties").
each of the Parties maintains equipment and personnel for the suppression of
fires and emergency rescues within its own jurisdiction areas; and
the Parties desire to augment fire and emergency services available in their c
respective jurisdictions in the event of large fires or unusual emergency incidents;
0
the lands or districts of the Parties are adjacent or contiguous so that mutual <
assistance in fire or rescue emergency is deemed feasible; and
c
it is the policy of the County to conclude such agreements where practicable;
d
it is deemed by the Parties to be sound, desirable,practicable,and beneficial
to render assistance to one another in accordance with these to s:
THEREFORE,
THE PARTIES AGREE AS FOLLOWS:
1 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 0)
take the following action: 2
. Immediately ete ie 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 E
procedures of operations drawn in accordance with this Agreement by the technical
heads of Parties involved.
Page 1 of 4
Packet Pg.465
C.13.a
. 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 oft this Agreement shall not be
mandatory, the party receiving the request for assistance should immediately inform
e 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 p s t to this agreement the Senior
Officer on scene requesting assistance will maintain command and control of the
incident within e 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
y acts of negligence by its agents oremployees. Each party to this Agreement waives
y and all claims against the other party for compensation for any loss, damage to
property, personal injury, death occurring in consequence of the performance of
is Agreement. Subject to and without waiving the provisions of Section 76 .2 ,
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 c
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 oremployees, 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; N
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 0
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 e a,
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 exaterritorilly 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
familiarizationconsistent 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
Packet Pg.466
C.13.a
8. This Agreement shall become effective upon the date hereof and shall remain in effect
until terminated y any party or superseded by a new Agreement. This Agreement may
e cancelled by any party after providing a minimum of thirty(30)days' written notice
of intent to cancel said Agreement.
. 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 James Callahan
490
3rd t. Ocean
Marathon, FL 3350
Telephone: (35) 292-6088
Facsimile: (35)2 - 336 E
With a copy to: Monroe County o ey's Office
I I11 12th St. Suite 408
Key West, FL 330
Telephone: (305) 292-37
Facsimile: (35) 292-3516
For the Ocean ReefOcean Reef Community Association
Volunteer Fire Department, Inc.: President Gen o "Chip"Iglesias
35 Ocean Reef Drive, Suite 220
Key Largo, FL 3337
Telephone: (305) 367-367
Email: ciglesias@orcareef.com
1 . This Agreement constitutes the entire agreement between the Parties and may be
ended 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 thathe/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
Packet Pg.467
C.13.a
IN WITNESS WHEREOF, e Parties hereto have executed this Agreement on the date written
above.
ATTEST:
KEVIN
BOARD OF COUNTY COMMISSIONERS
'
COUNTYCLERK OF MONROE COUNTY,FLORIDA
y:
By: �
Deputy Clerk Mayor, Heather Carruthers
VOLUNTEER FIRE DEPARTMENT,INC.
OCEAN REEF MONROE COUNTY ATTORNEY: <
c
President Genaro "C " gles' s
ate: '✓
c
Q
2
Page 4 of 4
Packet Pg.468