AGREEMENT SURREY FIRE & RESCUE AUTHORITY … · agreement surrey fire & rescue authority and west...

Surrey Fire andRescue Service

West Sussex Fire andRescue Service

THE FIRE Br.RESCUE SERVICES ACT 2004

SECTIONS 13 Br.16

AGREEMENT

SURREY FIRE & RESCUE AUTHORITY

AND

WEST SUSSEX FIRE AND RESCUE AUTHORITY

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This DEED is made the lb..th day of .~~2011

1.. Parties

1.1. Fire (& Rescue) Authority of Surrey, Surrey County Council, Surrey Fire andRescue Service Headquarters, Croydon Road, Reigate, Surrey,RH2OEJhereinafter referred to as the Recipient.

1.2. Fire (& Rescue) Authority of West Sussex, West Sussex County Council,County Hall, West Street, Chichester, P019 lRQ hereinafter referred to asthe Assistor.

2. Definitions and Interpretations

2.1. "The 2004 Act" means the Fire and Rescue Services Act 2004.

2.2. "The Assistor" means the party to the Agreement which under theprovisions of this Agreement gives assistance to, or discharges afunction of, the other party to this Agreement.

2.3. "The Recipient" means the party to this Agreement which under theprovisions of this Agreement receives assistance from, or has afunction discharged by, the other party to this Agreement.

2.4. "The Term" means the period commencing on and from .J':?~1t andterminating in accordance with the provisions of Clause 7.

2.5. "The Reinforcements" means such resources (including personnel,vehicles and other equipment) as the Chief Fire Officer for the timebeing employed by the Assistor considers to be available at that timeto meet a request for assistance from the Recipient.

2.6. "The Expenses" means the expenses incurred by the Assistor inproviding assistance, or discharging functions, during the Term, for:

2.6.1. the cost of replacement of consumable stores such as petrol, oilor foam compound.

2.6.2. the cost of repairing or replacing lost or damaged items ofequipment; and

2.8.3. the cost of additional labour costs i.e. overtime incurred by theAssistor in providing reinforcements.

2.7. "The Charges" means, for each year, a yearly sum calculated byapplying the formula.

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The Charges = the LGARate x The total no of calls over the last 3 yrs3

Where: "The LGARate" means the sum specified by the LGAfrom timeto time as applicable to charges for arrangements under s.16 of the2004 Act.

"The Total No. of Calls over the last 3 years" means the total numberof calls attended by the Assistor in the Recipient's area under thisAgreement in the three years prior to the year in which the charge isto apply.

2.8. "Emergency calls" means telephone and other calls requestingassistance in respect of an incident within a fire and rescueauthority's functions under sections 7 to 9 of the 2004 Act.

2.9. "Chief Fire Officer" includes any person authorised to act on his or herbehalf

2.10. "Year" means the period of twelve months ending on 31 March

3. Recitals

3.3. The Assistor and Recipient have agreed to enter into arrangements onthe terms set out in this Agreement.

3.3:1. For securing under 5.13 of the 2004 Act the rendering of mutualassistance in discharging their functions under sections 7 to 9 ofthe 2004 Act.

3.3.2. For securing under 5.16 of the 2004 Act the discharge of someof each others' functions under sections 6 to 9 and 11 of the2004 Act [detailed in the attached schedules].

3.3.3 The Assistor and the Recipient have entered into anotheragreement of even date where the roles of the Assistorand theRecipient have been taken by the other party.

3.3.4 If this agreement is terminated pursuant to Clause 7 the otheragreement referred to in Clause 3.3.3 above shall terminate alsoon the same date.

3.4 This agreement ensures that where an incident requires additionalor specialist resources, these can be provided through the mutualsupport arrangements with other Fire and Rescue Services if this ismore effective.

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AGREEMENT

The Assistor Fire & Rescue Authority Obligations

Reinforcements

4. Pursuant to S.13 of the 2004 Act, the Assistor agrees to provide theReinforcements to the Recipient in the event of an emergency during theTerm as soon as the Assistor considers it reasonably practicable in theprevailing circumstances.

Ceded ResDoAsibility

5. Pursuant to S.16 of the 2004 Act, the Assistor agrees to discharge certainfunctions of the Recipient under the 2004 Act during the Term, as follows:

5.1. To respond as soon as reasonably practicable to all emergency callsreceived by the Assistor direct in respect of those parts of theRecipient's area as indicated in Column 1 of Part 1 of the FirstSchedule using the resources that are nearest and quickest to theincident with the appropriate attributes.

5.2. To notify the Recipient by telephone of all emergency calls as soon asthe Assistor considers reasonably practicable upon receipt of such callsand of the resources required or dispatched by the Assistor by way ofresponse to such calls.

5.3. To respond as soon as the Assistor considers reasonably practicable toall emergency calls referred to the Assistor by the Recipient in respectof those parts of the Recipient's area indicated in Column 1 of Part 1 ofthe First Schedule using the resources that are nearest and quickest tothe incident with the appropriate attributes.

5.4. To discharge the functions specified in Part 1 of the Second Schedulein respect of the area specified in that part of the Schedule.

6. The Recipient agrees and undertakes to pay to the Assistor:

6.1. The sums specified in Part 1 of the Third Schedule for the performanceby the Assistor of the functions, and

6.2. The payment of charges in relation to the performance of the cededfunctions set out in Clause 5 above annually in arrears.

6.3. The Expenses within 28 days of receiving a detailed invoice from theassistor outlining the nature of the Expenses and the amountchargeable in respect of the same.

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General

7. This Agreement may be terminated at any time by either party giving tothe other not less than six-calendar months' prior written notice to expireat any time or immediately by mutual agreement.

8. For the purposes of Clause 7, such notice shall be deemed to be validlyserved by one party if sent by Recorded Delivery Post addressed to theother party at the address given at the head of this Agreement as detailedin schedule 3 or as has been notified to the parties for time to time ifdifferent.

9. The Assistor shall indemnify the Recipient against all costs, liabilities anddamages whatsoever in respect of death or personal injury or loss ordamage to any property caused by the negligence of the Assistor or itsemployees while acting under the provisions of this Agreement.

10. The Recipient shall indemnify the Assistor against all costs, liabilities anddamages whatsoever in respect of death or personal injury or loss ordamage to any property caused by the negligence of the Recipient or itsemployees while acting under the provisions of this Agreement.

11. The Recipient shall within 28 days of receipt of a written demand from theAssistor pay the Assistor the cost to the Assistor of replacing or repairingitems of equipment lost or damaged as a result of the Assistor complyingwith its obligations under this Agreement (except where such loss ordamage is caused by the negligence of the Assistor or its employees).

11. This Agreement may be varied at any time by mutual agreement betweenthe parties, such variation to be recorded by written memorandum, signedand dated by both parties and attached to this Agreement.

12. Each party shall keep accurate and complete written records of allemergency calls or incidents to which it has responded under the provisionsof this Agreement and submit copies of such records to the other party onrequest.

13. The obligations of a party under this agreement shall be suspended in theevent of industrial action which prevents that party from fulfilling itsobligations under this agreement for the duration of such industrial action.

14. In the case of incidents attended by operational personnel from both theAssistor and the Recipient, the most senior operational officer present atthe scene ("the Senior Officer") from the host Service shall - unless byprior agreement - have sole charge of fire and rescue service operations,and all personnel shall comply with all reasonable instructions and requestsby the Senior Officer as to deployment and operational action.

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This Agreement is made between

Surrey County Council for Surrey Fire & Rescue Service whose office is at CroydonRoad, Reigate, Surrey, RH2 OEJ ("SF&RS")

And

West Sussex County Council for West Sussex Fire & Rescue Service whose officeis at County Hall, West Street, Chichester, West Sussex, P019 1RQ ("WSF&RS")which expression shall include its successors in title and permitted assigns.

AS WITNESS the hands of the parties

For and on behalf of For and on behalf of

Surrey Fire (and Rescue) Authority, West Sussex Fire (and Rescue) Authority,

Surrey Fire & Rescue Service

:$...~.<;.~ 1.6j. (wo!:fAr-1 f,( lit" H

West Sussex Fire and Rescue Service

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FIRST SCHEDULE

Part 1

GeoaraFire

The areas within Surrey Fire and Rescue Service, the Recipient, where WestSussex and Rescue Service, the Assistor, willattend willbe determined by theuse of the following:

Existing agreements relating to ceded areas of Surrey Fire and Rescue Serviceattracting a West Sussex Fire and Rescue Service attendance.

Information from MobilisingControl's dynamic mobilising system usingAutomatic Vehicle Location System (AVLS).This will indicate appropriateappliance mobilising according to service policy for nearest and quickestappliance to incident location.

Surrey Fire and Rescue Service, the Recipient, Station locations and over theborder (OTB)appliance attributes information.

Additional Resources may be found on the South East Regional Appliance andEquipment Inventory Database

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Modelled ResourceArea Map Ref attending

appliance DAY NIGHT

BURSTOW 530792,141145 1 WS HRLY WS HRLY2 WS CRWLY WS CRWLY

CHARLWOOD 524232,141118 1 WS HRLY WS HRLY2 SY REIG SY REIG

CUDWORTH 521418,141709 1 SY DORK SY DORK2 WS HRLY WS HRLY

DOMEWOOD 534224,140137 1 WS EGRIN WS EGRIN2 WS CRWLY WS CRWLY

DORMANS PARK 539408,140796 1 SY GODST SY GODST2 WS EGRIN WS EGRIN

DORMANSLAND 540446,142437 1 SY GODST SY GODST2 WS EGRIN KENT EDEN

FELCOURT 537886,141828 1 SY GODST SY GODST, 2 WS EGRIN WS EGRIN

HOOKWOOD 526675,142755 1 WS HRLY WS HRLY2 SY REIG SY REIG

HORLEY 528443,143236 1 WS HRLY WS HRLY

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2 SY REIG SY REIGHORNE 533693,144513 1 SY GODST SY GODST

2 WS EGRIN WS EGRINLANGSHOTT 529497,144015 1 WS HRLY WS HRLY

2 SY REIG SY REIGLINGFIELD 538917,143818 1 SY GODST SY GODST

2 WS EGRIN WS EGRINMEATH GREEN 527652,143848 1 WS HRLY WS HRLY

2 SY REIG SY REIGNEWCHAPEL 536425,142391 1 WS EGRIN SY GODST

2 WS EGRIN WS EGRINNEW DOMEWOOD 533895,140293 1 WS EGRIN WS CRWLY

2 WS CRWLY WS HRLYPOVEY CROSS 534490,140143 1 WS EGRIN WS EGRIN

2 WS CRWLY WS CRWLYSMALLFIELD 520686,143676 1 SY DORK SY DORK

2 SY REIG SY REIGRUSS HILL 526832,142338 1 WS HRLY WS HRLY

2 SY REIG SY REIG

Detail of existing Ceded Area around Horleyattracting a West Sussex Fire and Rescue Service attendance.

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SECOND SCHEDULE

Part 1.

Functions of Surrey Fire and Rescue Service, the Recipient, to be performed byWest Sussex Fire and Rescue Service, the Assistor.

AreaSurrey

Function

Ceded area r~sponse

1. ADMINISTRATIVE ARRANGEMENTS

1.1 Managers of appliances attending incidents within the geographicalarea of another Fire Authority willtake all reasonable steps to ensure thatinformation required by the Recipient, for the completion of administrativereports, is made available within a reasonable period of time (normallydeemed to be within 5 calendar days of the incident).

2. SPECIAL CONDITIONS

2.1 There are no special conditions applicable to the operation of thisAgreed Schedule.

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THIRD SCHEDULE

Part 1

Payment by the Recipient to the Assistor for performance by the Assistor ofFunctions

1. The Recipient agrees to pay the Assistor the agreed sum based on incidentsdata or the proportionate part of such sum, which reflects the proportion ofthe year for which the Functions have been performed under thisAgreement. Such sums are to be paid annually in arrears within 28 days ofthe invoice being received subject to review as set out in paragraph 2below.

2. The sum specified in paragraph 1 shall be increased in each year by thesame proportion as the increase in the LGArate as set out in clause 2.7 ofthe agreement (all items) during the preceding year.

The Recipient

Surrey Fire (& Rescue) Authority of SurreySurrey Fire and Rescue Service HeadquartersCroydon RoadReigateSurreyRH2OEJPhone NumberFax NumberEmail address

01737 24244401737 [email protected]. uk

The Assistor

Fire (& Rescue) Authority of West Sussex,West Sussex County CouncilCounty HallWest StreetChichesterP019 1RQPhone NumberFax Number '

01243 78621101243 780416

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AGREEMENT SURREY FIRE & RESCUE AUTHORITY … · agreement surrey fire & rescue authority and west...

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