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County/City Fire Interlocal Agreement 2003City/County Interlocal Agreement for Fire Service INTERLOCAL AGREEMENT Au_a,�ts4 THIS AGREEMENT made and entered this day of 2003 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, 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 [7070-53169. WPD] 7 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 of Florida 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. 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 aereed boundaries in Countv: 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 of the 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 Countv: a) Initial Response: City - Pumper with two (2) personnel; County- Pumper with two (2) personnel, ambulance with two (2) personnel. [7070-53169.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. 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. 7. 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 of support described herein. Every attempt will be made to communicate to the other party any unavailability or delay. 8. Assignment. This Agreement, or any interest herein, may not be assigned, transferred or otherwise encumbered, under any circumstances, by either parry without the prior written consent of the other party. 9. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Florida. 10. 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 [7070-53169.WPD] Page 3 of 6 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 initiallv written, and, therefore, the application of such presumption or rule of construction would be inappropriate and contrary to the intent of the parties. 11. 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: George A. Long, County Administrator 304 N.W. 2nd Street, Suite 106 Okeechobee, Florida 34972 With copy to: John D. Cassels, Jr., Esquire County Attorney 400 N.W. 2nd Street Okeechobee, Florida 34972 As to City: Bill L. Veach, City Administrator, 55 S.E. 3rd Avenue Okeechobee, Florida 34974 With copy to: John R. Cook, Esquire City Attorney 202 N.W. 5th Avenue Okeechobee, Florida 34972 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. 12. Incorporation of Agreements. This document supersedes all prior negotiations, . correspondence, conversations, agreements, or understandings applicable to the matters [7070-53169.WPD] Page 4 of 6 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. 13. 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. BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA By: CLIF BETS, Chairman toiST: U (SEAL) ` Sharon Robertson, Clerk, Board of County Commissioners Approved as to Form and Correctness: C/ ounty Attorney J [7070-53169.WPD] 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. ' AMES KIRK, MAYOR XTA'ST: (CORPORATE SEAL) LANE GAMIOT /A, CITY CLERK Approved as to Form and C rrectness: Y City Attorney [7070-53169.WPD] Page 6 of 6 01 MP tP- li--:Jl - Ju 1. IL , v , 11 , I Nlhfit.