County/City Fire Agreement for Automatic Aid 2019 [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 A TOMATIC AID (hereinafter this "Agreement") is made and
entered into this Co day o 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
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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 ofthe 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
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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
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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.
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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:
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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.
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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'intel it of the parties.
- -` e. - Mad in ,s._All headings in this Agreement are for convenience only and are not to be used in
- anyjtidicial 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.
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[City-County Interlocal Agreement for automatic aid]
OKEECHOBEE COUNTY, a political
subdivision of the State of Florida
By: c_3 (�j .
TERRY. BURROU , CHAIRMAN
BOARD OF COUNTY ISSIONERS
ATTEST: �"
J, / / : :�
-iP /h• ,10 ' / _a I - — / / (Seal)
SHARON ROBERTSON, CLERK OF - -
THE CIRCUIT COURT& COMPTROLLER -
Date signed by COUNTY: O9 CV.9c/q -
Review}l for Legal iciencLad 1 /"
ounty Attorney
CITY OF OKEECHOBEE,FLORIDA
By: ,,, /vv,/
OATFORD, A 'O
ATTEST:
/ c 41.1i
if C (CORPORATE SEAL)
LANE GAMIOTE , "CITY CLERK
Reviewed for Legal Suffic' ncy:
f ---'
c_— �AL -
-
_ _ By:
City Attorney
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