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2019-08-06 Ex 11 07/21/19 TO: City Council and Mayor Watford From: Chief Smith SUBJECT: AUTOMATIC AID AGREEMENT BETWEEN THE CITY OF OKEECHOBEE FIRE DEPARTMENT AND THE OKEECHOBEE COUNTY FIRE RESCUE. FINANCIAL IMPACT: Low/None (County Fire Data indicates a low number of structure fires occur out of the 2 mile radius established). REQUESTED ACTION: That the City Council approve an Inter-local Agreement for Automatic Aid between Okeechobee County Fire Rescue and the City of Okeechobee and authorize the termination of the current agreement for mutual aid that was established in 2003. BACKGROUND: In August of 2003, the County entered into an agreement with the city to provide automatic aid for structure fires in a defined geographical area. The county agreed to provide service to the city within the city limits. The city agreed to provide service to the county up to two miles outside the city limits. In order to provide improved service to the citizens and to provide for the safety of firefighters, the city fire department has utilized the available resources of the county fire department as well as changing method of responses to ensure the safety of our firefighters are met while providing the best service possible to our tax payers. Due to these changes, an updated agreement is needed. This new agreement terminates the old agreement and implements the new changes. Additionally, this new agreement provides for more compliance with the Insurance Services Office (ISO) evaluation process to assist us with improving/maintaining our current rating of 3. Both the County Fire Chief and the City Fire Chief agree with the concepts of this new agreement. The county commission has recently approved this agreement and the next step is to request approval of the city council. Staff recommends the approval of the Inter-local Agreement for Automatic Aid between Okeechobee County Fire Rescue and the City of Okeechobee and authorize the termination of the current agreement for mutual aid that was established in 2003. [City-County Interlocal Agreement for automatic aid] AGREEMENT TERMINATING AUGUST 19, 2003 INTERLOCAL AGREEMENT AND INTERLOCAL AGREEMENT FOR AUTOMATIC AID *** THIS AGREEMENT TERMINATING AUGUST 19, 2003 INTERLOCAL AGREEMENT AND INTERLOCAL AGREEMENT FOR AUTOMATIC AID (hereinafter this “Agreement”) is made and entered into this _______ day of May, 2019, by and between OKEECHOBEE COUNTY, FLORIDA, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County,” and THE CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, by and through its City Council, hereinafter referred to as "City," pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the “Florida Interlocal Cooperation Act of 1969,” authorizes “local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities”; and WHEREAS, Section 163.01(4), Florida Statutes, permits public agencies to “exercise jointly with any other public agency of the state, ...any power, privilege, or authority which such agencies share in common and which each might exercise separately”; and WHEREAS, Section 163.01(5), Florida Statutes, provides that such exercise of power “shall be made by contract in the form of an interlocal agreement”; and WHEREAS, the County and the City have the authority to enter into interlocal agreements for automatic aid to respond to structure fires and fire alarms for the residents, businesses, and facilities within each jurisdiction; and WHEREAS, the County and the City entered into an Interlocal Agreement dated August 19, 2003, establishing protocols and obligations for the provision of fire services (hereinafter the “2003 Interlocal”), which provided that the 2003 Interlocal would “remain in effect until amended or terminated”; and WHEREAS, the parties desire to terminate the 2003 Interlocal and to enter into a new Interlocal Agreement, to provide enhanced fire services to all residents, businesses, and facilities within the incorporated and unincorporated areas of Okeechobee County; and 7070-420064.WPD [City-County Interlocal Agreement for automatic aid] WHEREAS, each party presently maintains a fire-rescue department with fire-rescue equipment, fire fighting personnel, and other emergency capabilities; and WHEREAS, the County and the City deem it to be in the best interest of the public health, safety, and welfare to enter into this Agreement for automatic aid to enhance the fire-rescue services that they currently provide within their respective jurisdictions, thereby better serving the citizens of both the County and the City. NOW, THEREFORE, in consideration of the premises and of the terms, conditions, and covenants herein contained, it is agreed by and between the parties hereto, as follows: 1.Recitals. The foregoing recitals are true and correct, constitute a material inducement to the parties to enter into this Agreement, and are hereby ratified and made a part of this Agreement. 2.Termination of 2003 Agreement. The Interlocal Agreement dated August 19, 2003 is hereby terminated. 3.Effective Date; Term; Termination. a.Effective Date; Term. This Agreement is effective from the date a fully executed copy is filed with the Clerk of the Circuit Court of Okeechobee County, and will remain in effect for one (1) year, and will be automatically renewed on an annual basis thereafter (the “Term”), unless either party provides notice to the other party of non-renewal, at least thirty (30) days before the expiration date. b.Termination. Either party to this Agreement may, upon not less than sixty (60) days written notice to the other party, terminate this Agreement for any reason, with or without cause. 4.Automatic Aid. The County and the City agree to provide automatic aid (hereinafter “Aid”) to each other for structure fires within Okeechobee County, including within the City of Okeechobee, upon the terms and conditions set forth in this Agreement. 5.Costs. a.All costs associated with providing Aid under the Agreement are the responsibility of the party rendering aid. Neither party is entitled to seek or receive reimbursement of costs associated with rendering Aid to the other party. b.The party rendering Aid may request reimbursement for any expenditure of goods or services directly from the persons, parties, or entities involved in, causing, or responsible for, the structure fire responded to, at the sole discretion of the party rendering such Aid. If the party Page 2 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] rendering Aid for emergency medical services provides transport service, then that transporting party may request reimbursement for the transport from the patient to the extent permitted by law. The party rendering such services will handle billing, insurance claims, and collection in accordance with their policies and procedure and any applicable laws, statutes, ordinances, rules, or regulations, as any of them may, from time to time, be amended. c.Obligations under this Agreement are not an indebtedness of the County or the City. Neither of the parties are obligated to pay or cause to be paid any amounts due under this Agreement and the faith and credit of any party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement does not require, nor shall it be construed to require, either party hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. 6.Dispatch: In the event of either a residential or non-residential structure fire, whether within the City limits or in the unincorporated areas of Okeechobee County, each party will dispatch vehicles and personnel pursuant to its protocol, as such protocols may, from time to time, be amended by each party. 7.Notification of Fire; Ability to Respond; Cancellation. a.Notification of Fire. The party having a fire in its jurisdiction must promptly notify the other party and provide the following information: i.The general nature, type, and location of the fire; ii.The name and rank of the person making the notification. b.Ability to Respond. Each party may refuse to respond to a request for Aid in the event it does not have the required equipment or manpower available or if, in its sole judgement, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Such unavailability or delay must be promptly communicated to the party requesting Aid. c.Cancellation. In the event a response is not needed by a party having a fire in its jurisdiction, that party must promptly notify the other party to cancel its dispatch. 8.Command Authority. a.In the event both parties respond to a structure fire, the Fire Chief of the jurisdiction in which the fire is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Page 3 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] Commander, will direct the activities at the scene, but all personnel responding to the call will remain under the command of his or her own officers at all times. Each party will retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. b.Each party authorizes its Fire Chief or designee to meet with the other party’s Fire Chief or designee and develop automatic aid response plans and procedures, and responsibilities for the responding apparatus and on-scene operations. 9.Training. The County and City Fire Departments will train on all shifts quarterly (at a minimum) on topics that are normal parts of fire emergency response. 10.Protocols. The parties agree to develop and maintain response guidelines, including dispatch protocol, for their respective jurisdictions utilizing a Letter of Understanding (“LOU”). Each party’s Fire Chief has authority to review and execute the LOU. The LOU must be reviewed by the parties on an annual basis. 11.Relationship of the Parties. a.Except as set forth herein, neither party to this Agreement has any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party. Nothing in this Agreement constitutes either party a partner, agent, or local representative of the other party, or creates any type of fiduciary responsibility or relationship of any kind whatsoever between the parties, nor shall this Agreement be construed as such. b.None of City’s agents, employees, or servants are, and must not be deemed to be, the agent, employee, or servant of the County. None of County’s agents, employees, or servants are, and must not be deemed to be, the agent, employee, or servant of the City. None of the benefits, if any, provided by either party to its employees, including but not limited to, compensation insurance and unemployment insurance, are available to the employees, agents, or servants of the other party. Each party is solely and entirely responsible for its acts and for the acts of its agents, employees, and servants, during the performance of this Agreement. 12.No Assumption of Liability. a.Neither party to this Agreement, nor their respective board members, council members, officers, or employees, assumes, and must not be deemed to assume, any liability for the negligent or wrongful acts or omissions of the other party. Page 4 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] b.Liability for injury to personnel, and for loss or damage of equipment, must be borne by the party employing such personnel, and owning or possessing such equipment. 13.Indemnification. To the extent permitted by law, each party agrees to indemnify, defend, and hold harmless the other party against any actions, claims, or damages, arising out of the other party’s negligence in connection with this Agreement. The foregoing indemnification is not a waiver, and must not be construed to be a waiver, of either party’s sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. 14.Sovereign Immunity. Nothing in this Agreement extends, and must not be construed to extend, either party’s liability beyond that provided in section 768.28, Florida Statutes. Nothing in this Agreement is a consent, and must not be construed as consent, by either party to be sued by third parties in any matter arising out of this Agreement. 15.No Third Party Beneficiary. Nothing in this Agreement creates, and must not be construed to create, any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizens of either party’s jurisdiction and any employees of either party. 16.Compliance with laws. Each party must comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations that are now or may in the future become applicable to that party and that party’s equipment and personnel engaged in operations covered by this Agreement or arising out of the performance of such operations. 17.HIPAA Compliance. During the course of this Agreement, the parties may obtain Protected Health Information (“PHI”) or Electronic Protected Health Information (“e-PHI”). The parties must not disclose PHI or e-PHI, except as permitted by the Health Insurance Portability and Accountability Act and the regulations promulgated thereunder, (collectively “HIPAA”), as may from time to time be amended. 18.Public Records. Both parties are subject to the provisions of Chapter 119, Florida Statutes, and must comply with its terms and provisions. 19.Notices. a.All notices, consents, or other communications required, permitted or otherwise delivered under this Agreement, must be in writing and must be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: Page 5 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] i.As to County:Okeechobee County, Attention: County Administrator, 304 NW 2nd Street, Room 123, Okeechobee, Florida 34972; ii.As to City: City of Okeechobee, Attention: City Administrator, 55 SE 3rd Avenue, Okeechobee, Florida 34972. b.Changes in the respective addresses of the parties may be made from time to time by either party by notice to the other party given by mail. Notices given in accordance with this paragraph shall be deemed to have been given five (5) business days after the date of mailing; notices and consents given by any other means shall be deemed to have been given when received. 20.Contract Manager/Monitor. a.The County’s Contract Manager/Monitor is its Fire Chief, whose telephone number is 863- 763-5544. b.The City’s Contract Manager/Monitor is its Fire Chief, whose telephone number is 863-467- 1586. 21.Miscellaneous Provisions: a.Entire Agreement. This Agreement states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. Any representations, statements, or negotiations made by the County staff or the City staff do not suffice to legally bind the County or the City in a contractual relationship unless they have been reduced to writing, authorized, and signed by the authorized County or City representatives. b.Assignment. This Agreement, or any interest herein, may not be assigned, transferred, or otherwise encumbered, under any circumstances, by either party without the prior written consent of the other party. c.Severability. If any term or provision of this Agreement is held, to any extent, invalid or unenforceable, as against any person, entity, or circumstance during the Term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity will not affect any other term or provision of this Agreement, to the extent that the Agreement will remain operable, enforceable, and in full force and effect to the extent permitted by law. Page 6 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] d.Construction. If any provision of this Agreement becomes subject to judicial interpretation, the court interpreting or considering such provision must not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared it. All parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel, if any, or the negotiation of specific language, or both, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. e.Headings. All headings in this Agreement are for convenience only and are not to be used in any judicial construction or interpretation of this Agreement or any paragraph. f.Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement does not constitute a waiver of the provision or any portion of this Agreement, either at the time the breach or failure occurs or at any time throughout the Term of this Agreement. g.Force Majeure. Notwithstanding any provisions of this Agreement to the contrary, the parties will not be held liable if failure or delay in the performance of this Agreement arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe weather, out break of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. h.Attorneys’ Fees. In the event of any litigation between the parties, the prevailing party shall be entitled to recover reasonable attorneys’ fees and court costs at both the trial and appellate levels. i.Law, Venue. This Agreement is being executed in Okeechobee County, Florida and must be governed in accordance with the laws of the State of Florida. Venue of any action hereunder must be in Okeechobee County, Florida. j.Recording. An executed copy of this Agreement must be filed with the Clerk of the Circuit Court in Okeechobee County. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first above written. Page 7 of 87070-420064.WPD [City-County Interlocal Agreement for automatic aid] OKEECHOBEE COUNTY, a political subdivision of the State of Florida By:___________________________________ TERRY W. BURROUGHS, CHAIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: ________________________________________(Seal) SHARON ROBERTSON, CLERK OF THE CIRCUIT COURT & COMPTROLLER Date signed by COUNTY:________________ Reviewed for Legal Sufficiency: ___________________________________ County Attorney CITY OF OKEECHOBEE, FLORIDA By: _______________________________ DOWLING WATFORD, MAYOR ATTEST: _________________________________(CORPORATE SEAL) LANE GAMIOTEA, CITY CLERK Reviewed for Legal Sufficiency: By: ______________________________ City Attorney Page 8 of 87070-420064.WPD City/County Interlocal Agreement for Fire Service INTERLOCAL AGREEMENT THIS AGREEMENT made and entered this __ day of July, 2003 by and between OKEECHOBEE COUNTY, FLORIDA, a political subdivision ofthe State ofFlorida, by and through its Board of County Commissioners, hereinafter referred to as "County", and THE CITY OF OKEECHOBEE, FLORIDA, a Florida municipal corporation, by and through its City Council, hereinafter referred to as "City", pursuant to the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes). WITNESSETH WHEREAS, the County and City both have the authority to provide mutual aid agreements to respond to structure fires and fire alarms for the residents, businesses and facilities within either respective jurisdiction; and WHEREAS, the County and City are both desirous of providing enhanced fire services to all residents, businesses and facilities consistent with state law; and WHEREAS, the County and the City have the power to enter into agreements with other governmental agencies within or outside of their respective boundaries for joint performance, or the performance by one unit on behalf of the other, or any of either agency's authorized functions; and WHEREAS, the Municipal Home Rule Powers Act grants the City all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services except when expressly prohibited by law; and WHEREAS, the County and the City have the authority to enter into agreements with other persons to undertake to fulfill some or all of their respective responsibilities for the provision of fire services; and WHEREAS, the County and City deem it to be in the best interest of the public health, safety and welfare to enter into a Interlocal Agreement to expand the use of personnel and equipment to better serve the citizens of both the County and City. NOW, THEREFORE, in consideration of the premises and of the terms, conditions and covenants herein contained, it is agreed by and between the parties hereto, as follows: 1. THAT the preambles stated above are true, correct and incorporated into this interlocal agreement. 2. THAT this Interlocal Agreement shall be effective from the date it is filed with the Clerk of 7070-52409. WPD the Circuit Court of Okeechobee County, and so remain in effect until amended or terminated as hereinafter provided. This agreement may be terminated in writing by either party upon no less than sixty ( 60) days written notice; or amended as required by mutual agreement of the parties reduced to writing. 3. THAT the County and City Fire Departments shall both work together within the city limits and unincorporated areas of the County, to maintain the State ofFlorida Mandated minimum of four (4) combat personnel at a structure fire. 4. THAT by complying with a requirement for a minimum of four ( 4) combat personnel, at a structure fire, the County and City enhance personnel safety from both Departments at structure fires, and allows for personnel. 5. THAT the following protocols shall apply to structure fire alarm within either the City or County during the term of this Agreement: I. DISPATCH: For Structure Fires and Fire Alarms within the City Limits: a) City dispatch will ring down City FD as normal; b) City dispatch will then notify County dispatch which will then tone down Station For Structure Fires and Fire Alarms within agreed boundaries in County: a) County dispatch will tone down Station I or Station II as normal; b) County dispatch will notify City dispatch and it will be at the discretion ofthe on duty County Officer in charge whether to cancel the City Fire Department. c) Should County Fire Rescue need outside help of agreed boundaries it will be at the discretion of the Officer in charge at the City Fire Department on what equipment and personnel to send out of the agreed boundaries. II. LEVEL OF RESPONSE: For Structure Fires and Fire Alarms within the City Limits: a) Initial Response: City -Pumper with three (3) personnel; County-Pumper with two (2) personnel, ambulance with two (2) personnel. For Structure Fires and Fire Alarms within agreed boundaries in County: a) Initial Response: City -Pumper with two (2) personnel; County-Pumper with two (2) personnel, ambulance with two (2) personnel. 7070-52409.WPD Page 2 of 6 Should County Fire Rescue need outside help of agreed boundaries it will be at the discretion of the Officer in charge at the City Fire Department on what equipment and personnel to send out of the agreed boundaries. III. COMMAND STRUCTURE: a) First arriving officer has command; b) Relieved by the first arriving officer for the entity in which the fire is located; c) Relieved by the ranking officer from the entity in which the fire is located. 6. Term and Effective Date. The term of this Interlocal Agreement shall commence upon the approval by both the Board of County Commissioners and the City Council and shall continue for a term of one year and shall automatically be renewed for successive one year periods unless terminated as herein provided. 7. Implementation Date. The implementation date shall be the first Monday following approval by both governing bodies. 8. Obligations. Obligations under this Agreement are not an indebtedness of the County or City. The respective obligations of each party hereto under this Agreement shall not be an indebtedness within the meaning of any constitutional, statutory, charter or ordinance provision or limitation of any party hereto. Neither of the parties hereto are obligated to pay or cause to be paid any amounts due under this Agreement and the faith and credit of any party hereto is not pledged to the payment of any amount due under this Agreement. This Agreement shall not require any party hereto to levy or pledge any taxes whatsoever for the payment of any amount due under this Agreement. 9. Relationship of the Parties. Except as set forth herein, neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent or local representative of the other party, or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. Each party may in its sole discretion, determine that it is unable to respond to a call with the contractual level if support described herein. Every attempt will be made to communicate to the other party any unavailability or delay. 10. Assignment. This Agreement, or any interest herein, may not be assigned, transferred or 7070-52409.WPD Page 3 of 6 otherwise encumbered, under any circumstances, by either party without the prior written consent of the other party. 11. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 12. Construction Should any provision of this Agreement be subject to judicial interpretation, it is agreed that the court interpreting or considering such provision will not apply the presumption or rule of construction that the terms of this Agreement be more strictly construed against the party which itself or through its counsel or other agent prepared the same, as all parties hereto have participated in the preparation of the final form of this Agreement through review by their respective counsel and the negotiation of changes in language in any provision deemed unsuitable or inadequate as initially written, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. 13. Notices. All notices, consents, or other communications required, permitted or otherwise delivered under this Agreement, except correspondence and transmittals relating to specific development orders and permits, shall be in writing and shall be delivered either by hand with proof of delivery or certified mail, return receipt requested, postage prepaid, to the parties at the addresses indicated below: As to County: With copy to: As to City: With copy to: 7070-52409.WPD George A. Long, County Administrator 304 N.W. 2nd Street, Suite 106 Okeechobee, Florida 34972 John D. Cassels, Jr., Esquire County Attorney 400 N.W. 2nd Street Okeechobee, Florida 34972 Bill L. Veach, City Administrator, 55 S.E. 3rd Avenue Okeechobee, Florida 34972 John R. Cook, Esquire City Attorney 202 N.W. 5th Avenue Okeechobee, Florida 34972 Page 4 of 6 Changes in the respective addresses of the parties may be made from time to time by either party by notice to the other party given by mail. Notices given in accordance with this section shall be deemed to have been given five (5) business days after the date of mailing; notices and consents given by any other means shall be deemed to have been given when received. 14. Incorporation of Agreements. This document supersedes all pnor negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein. Accordingly, it is agreed that no deviation from the terms of hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the governing bodies of the parties and filed with the Clerk of the Circuit Court of Okeechobee County. 15. Severability. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified or supplemented or otherwise affected by such action, remain in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Okeechobee County, Florida have caused this Agreement to be executed as of the date first above written. ATTEST: Sharon Robertson, Clerk, Board of County Commissioners 7070-52409. WPD By: BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA CLIF BETTS, Chairman (SEAL) Approved as to Form and Correctness: County Attorney Page 5 of 6 IN WITNESS WHEREOF, the City Council of the City of Okeechobee, Florida, have caused this Agreement to be executed as of the date first above written. CITY OF OKEECHOBEE, FLORIDA By: JAMES KIRK, MAYOR ATTEST: (CORPORATE SEAL) LANE GAMIOTEA, CITY CLERK Approved as to Form and Correctness: By: City Attorney 7070-52409.WPD Page 6 of 6