Backup Documents 01/25/2011 Item #10N
MEMORANDUM
Date:
January 28,2011
To:
Alan McLaughlin, Fire Chief
Ochopee Fire Control District
From:
Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re:
Interlocal Mutual Aid Agreement between the
following Independent, Municipal & Dependent
Fire Districts:
Ochopee Fire Control District
Isles of Capri Fire Rescue District
City of Naples Municipal Fire District
City of Marco Island Municipal Fire District
East Naples Fire Control and Rescue District
Golden Gate Fire Control and Rescue District
Immokalee Fire Control and Rescue District
North Naples Fire Control and Rescue District
Big Corkscrew Island Fire Control and Rescue District
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Attached for all parties involved are certified copies of the document
referenced above (Item #10N) approved by the Board of County
Commissioners on January 25, 2011.
The Minutes and Record's Department will hold the original agreement in
the Official Records of the Board of County Commissioners.
If I can be of further assistance, please call me at 252-8406.
Thank you.
Attachments (9)
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COLLIER COUNTY FIRE CHIEFS
LOCAL MUTUAL AID AGREEMENT
THIS INTERLOCAL AGREEMENT made and entered into this ~5,.~ day C!f
101.'1\. , 20UI, by and between COLLIER COl.JNTY, a political subdivision of the State of
Florida, Representing the Dependent Districts of OCHOPEE FIRE CONTROL DISTRICT, and
ISLES OF CAPRI FIRE RESCUE DISTRICT, The Independent districts of BIG CORKSCREW
ISLAND FIRE CONTROL AND RESCUE DISTRICT, EAST NAPLES FIRE CONTROL
AND RESCUE DISTRICT, GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT,
IMMOKALEE FIRE CONTROL AND RESCUE DISTRICT, AND THE NORTH NAPLES
FIRE CONTROL AND RESCUE DISTRICT, and the Municipalities of the CITY OF MARCO
ISLAND, and CITY OF NAPLES hereinafter referred to as "Party" or "Agency" individually,
and collectively as "Parties" or "Agencies," acting pursuant to Section 252.40(1), Florida
Statutes, for the purpose of securing to each the benefits of mutual aid protection of life and
property from tire and other emergencies, and to provide local governmental entities a cost
effective way to control and mitigate local emergencies that exceed their ability to handle
efficiently. This Agreement is not for catastrophic events, nor is it to be used to supplement a
Party's inadequate provision or planning of necessary infrastructure to adequately serve its
residents. In the event of a catastrophic event, the Statewide Mutual Aid Agreement may be
invoked, which would supersede this agreement.
WITNESSETH:
WHEREAS, each of the Parties maintains equipment and personnel for the suppression
of fires and other emergencies within its own jurisdiction and areas; and
WHEREAS, the Parties represent ten (10) fire suppression entities, or Agencies, in
Collier County, consisting of one county fire department; two dependent tlre districts of Collier
County; two municipal fire departments, and five independent special fire control and rescue
districts; and
WHEREAS, no single Agency can command sufficient staffing and resources to handle
all potential emergencies; and
WHEREAS, in extraordinary circumstances, an Agency may not have sufficient
manpower and resources to handle all possible emergencies; and
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WHEREAS, the Parties are so located in relation to one another that it is to their
advantage to receive and extend cooperation and assistance in case of emergencies too expensive
to be dealt with unassisted; and
\VHEREAS, the Parties desire to increase the protection available m their respective
jurisdictions in the event of emergencies beyond their ability to control; and
WHE REAS, the Parties desire to enhance their capabilities to protect life and property;
and
WHEREAS, it is deemed mutually sound, desirable, practicable and beneficial for the
Parties to render assistance to one another in accordance with these terms.
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, and
for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties
agree as follows:
GENERAL PROVISIONS:
I. All services performed lmder this Agreement shall be rendered without
reimbursement of either Party or Parties and as provided for herein.
2. Any Party receiving a request for assistance shall respond to the request only to
the extent that the available personnel and equipment are not required for adequate protection in
the responding Agency's jurisdiction. The Fire Chief of the responding Agency, or their
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designee, shall have the sole authority to determine the amount of personnel and equipment, if
any, available for assistance. Nothing in this Agreement shall require any Agency to provide
personnel or equipment to another Agency.
3. Each Party is authorized and directed to meet and draft any detailed plans and
procedures of operations necessary to effectively implement this Agreement. Such plans and
procedures of operations shall become effective upon ratification by the Parties.
4. Agencies responding under this Agreement shall work under a recognized
Incident Management System.
OPERATIONAL ASSISTANCE:
Operational Assistance shall mean assistance which is provided for tlre suppression
activities, rescue operations, emergency medical incidents or other emergencies, which exceed
the capabilities of an Agency with jurisdiction to mitigate etlectively.
1. Whenever it is deemed advisable by the senior fire officer of an Agency or by the
senior officer of any such agency actually present at an emergency to request assistance under
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the terms of this Agreement, they are authorized to do so. The Fire Chief, or his or her designee,
at an Agency receiving the request shall forth\\ith take the following action:
a. Immediately determine if apparatus, personnel or other requested
resources are available and notify the requesting Agency of whether it is able to respond to the
emergency; and
b. Determine what apparatus, personnel, or other requested resources are
available to respond, so that the utilization of apparatus, personnel and other resources can be
performed safely and efficiently;
c. Notify the requesting Agency of the amount of apparatus and personnel
being deployed to the emergency in order for the requesting Agency to make additional requests
of other Agencies, if and as necessary.
2. A request for assistance shall specify the type and amount of resources needed.
Requests may include, but arc not limited to, manpower, engine companies, ladder companies,
tanker companies, special services/equipment resources (e.g., portable cascade system, hydraulic
tools, brush vehicles, rescue vehicle, etc.). A request for assistance shall also specify the location
to which the resources mentioned above are to respond and to whom they are to report.
3. Personnel responding to a request for assistance shall be under the direction and
control of the Incident Commander of the requesting Agency. Should the need arise, the
responding Agency may request at any time the recall of apparatus, personnel, equipment and
other resources, not actively involved at an emergency incident.
4. The Incident Commander will make every efto11 to release mutual aid apparatus,
personnel, equipment and other resources, and return said apparatus, personnel, equipment and
other resources to their respective Agencies as soon as conditions permit.
5. Parties to this Agreement shall not respond outside of their area of responsibility
(AOR) into another agency's AOR, unless requested by that Agency's duly appointed or elected
oftlcial, or as this Agreement or additional Agreements may permit. If an Agency is
unknowingly dispatched into another agency's AOR, the responding Agency, upon realizing
they are entering (or already in) another Agency's AOR, shall, as soon as possible, notify the
dispatching Agency of the dispatching error and advise the dispatching Agency to notify the
appropriate Agency. An Agency responding as described above, shall follow their Agency's
protocol for the situation, keeping in mind the best interest of life safety and property
conservation.
6. A request for assistance made pursuant to this Agreement shall specify the type
and amount of resources needed. Requests may include, but are not limited to, staffing, engine
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companies, ladder companies, tanker companies, special services/equipment resources (i.e.
portable cascade system, hydraulic tools, brush vehicle, rescue vehicle, etc.). A request for
assistance made pursuant to this Agreement shall also specify the location to which the resources
mentioned above are to respond and to whom they are to report.
COMMUNICATIONS:
Subject to budgetary constraints, each responding Party to this Agreement shall be
equipped with and 800 MHZ radio, compatible with Collier County's 800 MHZ radio system,
which shall be the primary source of communications between the responding and requesting
Agencies.
Each Party operating under this Agreement shall be responsible for maintaining records
of all incidents involving their participation.
POWER, PRIVILEGES AND IMMUNITIES:
Whenever, pursuant to the terms of this Agreement, a responding Agency is performing
services in a requesting Agency's jurisdiction, the responding Agency shall have the same
powers, duties, rights, privileges and immunities as if they were performing those services in the
jurisdiction in which they are normally employed, and as provided by applicable law.
The privileges and immlmities from liability, exemptions from laws, ordinances and
rules, and other pension, insurance, relicf: disability, worker's compensation, salary, death, and
other benefits that apply to the activity of such responding Agency, as when performing their
duties within their Agency's jurisdiction, shall apply to them to the same degree, manner and
extent while engaged in the pert()rmance of services extraterritorially under the provisions of this
Agreement, and as provided by applicable law.
LEGAL STATUS OF PERSONNEL AND EQUIPMENT:
Nothing in this Agreement shall be deemed to create an employment or agency
relationship between personnel performing services extraterritorially pursuant to this Agreement
and the municipal or other jurisdiction in which those services arc actually performed. Similarly,
nothing in this Agreement shall be deemed to transfer any legal or equitable title to any
apparatus, equipment or other resources utilized pursuant to this Agreement.
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LOSS OR DAMAGE TO EQUIPMENT:
Each Party to this Agreement waives all claims against the other party or parties for
compensation for any loss or damage occurring as a consequence of the performance of this
Agreement. An Agency providing assistance under this Agreement shall bear the cost of any
loss or damage to that Agency's property or equipment as a result of the use of such property or .
equipment in providing assistance under this Agreement, provided that such act of loss or
damage does not result from gross negligence on behalf of the requesting Agency.
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STAFFING COSTS:
An Agency furnishing assistance pursuant to this Agreement shall compensate its
responding members during the time of the rendering of such assistance, and shall defray the
actual travel and maintenance expenses of such Agency's members while they are providing
such assistance. The Agency fumishing assistance shall also pay any amounts due for
compensation as a result of the personal injury or death of any Agency's responding member
while rendering assistance.
LIABILITY AND INDEMNIFICATION:
While operating under the terms of this Agreement, each .Party shall bear liability as
provided by applicable law and the terms of this Agreement.
Each Party shall be liable for its own actions and negligence "and, to the extent pennitted
by law; each Party shall indemnify, defend and hold harmless the other Parties against any
actions, claims or damages arising out of negligence in connection \vith this Agreement. The
foregoing indemnification shall not constitute a waiver of sovereign immunity heyond the limits
set forth in Section 768.28, Fla. Stat., nor shall the same be construed to constitute agreement by
any Party to indemnify another Party for such other Party's negligent, willful or intentional acts
or omissions.
INSURANCE:
Each Party shall provide and carry liability insurance, worker's compensations insurance
and other insurance necessary to insure that each Party is be protected and indemnified from any
and all liabilities which may result from activities undertaken pursuant to this Agreement.
Insurance may be procured either privately or pursuant to an approved self-insurance risk
financing program.
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EFFECT UPON STATUTORY POWERS: 1 0 I J
This Agreement neither expands, nor diminishes, the powers granted to the Parties by
Florida state statutes (including, but not limited to, the Florida Mutual Aid Act) and by the
common law.
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EFFECTIVE DATE:
This Agreement shall be effective from the date that the last Party executes this
Agreement and shall continue in full force and effect for four (4) years. Prior to the expiration of
this term, the Agreement shall be reviewed and then renegotiated and amended, if necessary.
Absent amendment to the Agreement, the terms of this Agreement shall be automatically
renewed in four (4) year periods. A cancellation by any Party to This Agreement prior to the
initial four (4) year tem1 or any subsequent four (4) year term shall be etlective only with respect
to that Party.
CANCELLATION:
Any Party to this Agreement may withdraw or cancel such Party's participation, without
liability to any other Party, by providing ninety (90) days prior wTitten notice of such withdrawal
or cancellation to all other Parties. The withdrawal from, or cancellation of: this Agreement shall
be effective only regarding that Party, and this Agreement shall remain in full force and effect
regarding the remaining Parties that have not provided written notice of withdrawal or
cancellation.
SEVERABILITY:
In the event that any part or provision of this Agreement. is deemed unenforceable, for
any reason, the unentorceability thereof shall not aflect the remainder of this Agreement, which
shall remain in full force and effect.
AGREED TO AND ENTERED into this -as""- day of ~ "k.
, 2 0(t<J, on behalf
of the City, County and Independent Fire Districts, by the undersigned, pursuant to the authority
ofthc City administrator(s), County Commissioners, and Independent Fire Commission Boards
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first above wTittcn or at such other dates and places as additional parties shall sign this
Agreement and thereby become parties hereto.
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PART~ .
0/0d M F ~~ Date: //~q~;)()I()
Chairman, Big Corkscrew Island Fire Control and Rescue District
Date:~
Dale /L/lJ/1 D
. r
Date: / / -- / t, - / D
Chairman, lmmokalee Fire Con rol and Rescue District
Date: I/-JII-~f
Date:
&'h/!o9
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.c:::::'::::Cnairman, North Naples Fire Control and Rescue District
Date: :5 /2C~/->?1
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ATTEST:
DWIGHT E. BROyI.<,GLERK
) ;~'\::"J_~.',,'
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
,
F~ED 'w. COYLE, CHA.IRMAN
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Item #
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Robert D. PrItt, City AttOllHtJ
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