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Home My WebLink AboutCB/CC/CPA Automatic Aid Agreement 2005 AUTOMATIC AID AGREEMENT THIS AGREEMENT made and entered into this €1 day of v ( 2005, by and between the CITY OF CAPE CANAVERAL, a Flori municipal corporation and the CANAVERAL PORT AUTHORITY (together hereinafter "CANAVERAL ") and the CITY OF COCOA BEACH, a Florida Municipal corporation (hereinafter "COCOA BEACH "), establishing an automatic aid agreement in the event of a fire or other emergency that endangers life or property. 3 WITNESSETH: WHEREAS, the municipal boundaries of the Cities of Cape Canaveral and Cocoa Beach are adjacent to and abut each other; and WHEREAS, the Canaveral Port Authority is located in close proximity to the City of Cocoa Beach; and WHEREAS, the Canaveral Port Authority and the City of Cape Canaveral ;; currently share a fire department; and WHEREAS, section 163.01, Florida Statutes, authorizes municipalities and other 3 i government agencies to enter into Interlocal Agreements to jointly exercise any power, privilege or authority that they have in common for their mutual benefit for which each might exercise same separately; and WHEREAS, the governing bodies of the Canaveral Port Authority, City of Cape Canaveral, and City of Cocoa Beach recognize the benefits that may be afforded to the citizens and property owners of their respective jurisdictions by execution of this Agreement; and WHEREAS, the parties hereto are desirous of obtaining additional resources to provide fire protection to their property owners and residents; and } WHEREAS, the parties hereto have the facilities and equipment to provide such services to each other subject to the terms hereof; and WHEREAS, the parties hereto have the power to enter into and administer the terms of this Agreement as provided by law; and WHEREAS, it is the intent of the Canaveral Port Authority and the cities of Cape Canaveral and Cocoa Beach to provide the most expedient delivery of fire services possible subject to the terms thereof; and WHEREAS, it is the intent of the parties to cooperate with each other in order to effectively provide assistance to each other in the interest of the public's health, safety and welfare subject to the terms hereof; and WHEREAS, calls for services relating to fires involving structures may occur, from time to time, in areas of the Canaveral Port Authority and the Cities of Cape Canaveral and Cocoa Beach; and WHEREAS, in the event of such calls for service, there may be an immediate need by either party to obtain additional resources, including additional personnel and apparatus, to handle such calls for service in accordance with the terms and conditions of this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants, conditions and agreements contained herein, together with other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: SECTION 1. RECITALS The above recitals are true and correct, are hereby adopted and are incorporated in and made an integral part of the Agreement. A SECTION 2. SERVICES PROVIDED 4 (a) Definitions. For the purpose of this Agreement, the term "Structure Fire" shall mean calls for service generated by any person indicating that smoke and/or flames are visible from any type of structure and and/or indicating that smoke odor is coming from or within any type of structure. A Structure Fire shall not include calls for service which are generated by an automatic fire alarm activation device. (b) Intent and Purpose. The Agreement is intended to provide reciprocal fire protection services related to any Structure Fire occurring within the boundaries of the Canaveral Port Authority and the cities of Cape Canaveral and Cocoa Beach. This Agreement shall cover day -to -day automatic aid operations only However, this agreement may be used to establish a response framework to be used during natural disasters upon the agreement of the parties. (c) Reciprocal Fire Protections Services. The parties agree to provide each other with reciprocal automatic fire protection aid for all Structure Fires within the other party's jurisdictional limits. Each party hereby authorizes and agrees to accept such reciprocal automatic fire protection aid within their respective jurisdictions under the terms and conditions of this Agreement. (d) Continuing Obligation to Provide Fire Protection Services Within Own Jurisdiction. It is mutually understood and agreed that this Agreement does not relieve either party hereto from the necessity and obligation to provide adequate fire protection within its own jurisdiction. Each party agrees that it shall use reasonable diligence to keep firefighting equipment in its possession up to the minimum standard recommended by Insurance Services Offices during the duration of this Agreement. (e) General Dispatch and Incident Protocol. The Fire Chief for each party shall be responsible for their own department's SOG /SOP for response and dispatch procedures. As determined by the Incident Commander, fire personnel and apparatus providing reciprocal automatic aid regarding a Structure Fire will be used in whatever z I 1 capacity needed and as each situation dictates. At the soonest possible time, fire I personnel and apparatus providing reciprocal automatic fire protection aid will be released from the incident to return to service back in their respective jurisdictions. 1 SECTION 3. TERM This Agreement will become effective upon the approval by the governing bodies of each party and the execution of the Agreement by the appropriate official from each party. This Agreement shall remain in effect indefinitely and is subject biennial renewal as provided in Section 4 hereof 1 i. SECTION 4. TERMINATION /REVISION OF AGREEMENT I 1 Either party hereto may withdraw from the Agreement, at any time, upon thirty 1 (30) days written notice to the other parties, and thereafter, neither party shall be a party to this Agreement or have any further duty or obligation to the other parties. 1 Each party may request an amendment to this Agreement. Such requests must be 1 placed in writing and address the reason for the revisions as well as provide proposed revised language. Any amendment must be in writing and approved in the same manner 1 as the original agreement. 1 SECTION 5. NOTIFICATION Dave Sargeant, Fire Chief Scott Shear, Fire Chief 1 Cape Canaveral Fire Department Cocoa Beach Fire Department 8970 Columbia Drive 25 S Orlando Avenue Cape Canaveral, FI 32920 Cocoa Beach, FI 32935 1 SECTION 6. ATTORNEY FEES In the event of any litigation between the parties arising out of this Agreement, each party shall bear its own attorney's fees and costs. 1 i 1 1 SECTION 7. LIABILITY (a) Neither party to this Agreement shall be required to pay compensation to the other party for services rendered hereunder; the mutual advantages and protection afforded by this Agreement being considered adequate compensation by all parties. (b) Each party to this Agreement will be responsible for its own acts and omissions and the acts and omissions of their employees and contractors and will maintain appropriate insurance as necessary to meet any incurred liability under §768.28, Florida Statues. Nothing in the Agreement shall be construed to waive the limited liability conferred to each party to this Agreement under §768.28, Florida Statutes. SECTION 8. NO THIRD PARTY BENEFICIARIES Nothing herein shall be construed to give any rights or benefits to anyone other than the parties to this Agreement. SECTION 9. LAW; JURISDICTION This Agreement shall be governed by Florida law. The parties agree that for purposes of state court actions, venue shall lie within Brevard County, Florida, and for purposes of federal court action, venue shall lie within Orlando, Florida. 1 1 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. ATTEST CITY OF CAPE CANAVERAL I n g By:C= OC ► 2�L<=i Susan Stills, City Clerk Rocky Kandels, Mayor AS APPROVED BY THE CITY COUNCIL ON August 2, 2005 1 ATTEST CITY OF C9COA BEACH B Lir rri% B Loredana Kalaghchy, 41 ►, Cler f7. Beeler, Mayor AS APPROVED BY THE CITY COMMISSION ON ?to 14. 1,005 ATTEST CANAVERAL PORT AUTHORITY By: W‘,Zer /d By: /l Chairperson AS APPROVED BY THE BOARD ON A us f I