Item C20 C20
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: C20
2023-2622
BULK ITEM: Yes DEPARTMENT: Fire Rescue
TIME APPROXIMATE: STAFF CONTACT: James K. Callahan
N/A
AGENDA ITEM WORDING: Ratification of an updated Mutual Aid Agreement with the
Commanding Officer Naval Air Station Key West, Florida for a period of five (5)years which
commences upon contract signing.
ITEM BACKGROUND:
Due to an upcoming naval inspection, the Department of the Navy and the Commanding Naval Officer
is requesting the execution of an updated Mutual Aid Agreement with Monroe County Fire Rescue for
the provision of firefighting assistance. This Agreement replaces the existing Memorandum of
Understanding (MOU) approved by the BOCC and executed between the Naval Air Station Key West
Fire Department and Monroe County dated April 21, 2010.
PREVIOUS RELEVANT BOCC ACTION:
A Memorandum of Understanding was approved by the BOCC and executed with the Naval Air Station
Key West Fire Department dated April 21, 2010.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
Mutual Aid Agreement with Commanding Officer Naval Air Station Key West, Florida to be effective
upon contract signing.
STAFF RECOMMENDATION: Approve
DOCUMENTATION:
Mutual Aid m NAS Key West 3_25_24.pdf
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FINANCIAL IMPACT:
Each parry is responsible for it's own expenses in the event emergency response is requested. However,
the rendering of assistance is not mandatory.
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DEPARTMENT OF THE NAVY
NAVAL AIR STATION KEY
WEST BOX 9001
KEY WEST,FL 33040-9001
NAVAL AIR STATION KEY WEST
11320
12 Feb 24
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
12th day of February by and between Commanding Officer, Naval Air Station Key West, Florida
(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 Pal-ties 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 ofthe Department ofthe 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;
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A
NOW,THEREFORE,BE IT AGREED THAT:
1. Pursuant to 42 U.S.C. §1856a,DODI 6055.06, and OPNAVINST I I320.23G,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 Department actuallypresent 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 famishing 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 iminediately inform
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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 per£oimed 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 department 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 Department
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.
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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 five years from the effective date or until cancelled
by mutual agreement of the Parties, or upon the provision of at least sixty(64) 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.
;; a� ��
NOLL7 RASCMEIN (Date) E.A. IfEGOLI (Date)
Mayor/Chairman of Board of County Commanding Officer
Commissioners Naval Air Station Key West
,,O,�NROE UNTY ATTOM
ArPAOVCEO E�q
FORM
hDO J.-WERCADG-7'
' '! W O�UNTY ATTORNEY
KEVIN MADOK, (Date) Data
Deputy Clerk
i 03/26/2024 1Vl4V-r'4 2
JAMES CALLAHAN (Date) HAEL BALL, (Date)
Fire Chief Fire Chief
Monroe County Fire Rescue Naval Air Station Key West
Copy to:Board of County Commissioners
Monroe County Fire Rescue
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