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HomeMy WebLinkAboutVII (D2) Interlocal Agreement for Contract Area - Protection and Rescue Services Agenda 5-19-98. Item VII D 2 INTERLOCAL AGREEMENT FOR CONTRACT AREA FIRE PROTECTION AND RESCUE SERVICES ORANGE COUNTY, FLORIDA AND CITY OF OCOEE, FLORIDA This Interlocal Agreement (this "Agreement") is made and entered into this day of , 1998 by and between Orange County, a political subdivision of the State of Florida (hereinafter referred to as the "County") and the City of Ocoee, a municipal corporation existing by virtue of Florida law (hereinafter referred to as "Ocoee"). WITNESSETH: WHEREAS, both parties to this Agreement have established and maintain Fire Departments with firefighting equipment and emergency medical equipment, and firefighting personnel; and WHEREAS, the County desires to contract with Ocoee to provide fire protection, or emergency medical services and related services within the Ocoee Contract Area (as hereinafter defined), subject to the terms, conditions and limitations set forth in this Agreement; and WHEREAS, Ocoee desires to contract with the County to provide fire protection, or emergency medical services and related services within the County Contract Area (as hereinafter defined), subject to the terms, conditions and limitations set forth in this Agreement; and WHEREAS, the County and Ocoee have of even date herewith entered into a Interlocal Mutual Aid Agreement for Fire Protection and Rescue Services (the "Mutual Aid Agreement") which is supplemental to this Agreement; and 5-15-98 9:20 AM 1 WHEREAS, this Agreement is authorized by the provisions of Section 163.01, Florida Statutes, by virtue of which both the County and Ocoee desire to be contractually bound by the terms of this Agreement in accordance with, and to the fullest possible extent by, Florida law. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the mutual promises, terms and conditions contained herein and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledge, the County and Ocoee agree as follows: Section 1. Definitions A. "Ocoee Contract Area" shall mean, the unincorporated area within Orange County found within the boundaries as exemplified by the map of such unincorporated area attached hereto, marked composite Exhibit "A" and incorporated herein this reference. B. "County Contract Area" shall mean, any area within the unincorporated area of Orange County which is regularly serviced by Ocoee as a first responding agency, including, at present, those areas located within the corporate limits of the City of Ocoee and the Town of Windermere. C. "Contract Area" means the Ocoee Contract Area in the case of a response by the City and the County Contract Area in the case of a response by the County. D. "Requesting Party" means a party to this Agreement who requests that the other party dispatch a fire or rescue first response unit to provide fire protection or emergency medical services and related services within the County Contract Area if Ocoee is the Requesting Party, or within the Ocoee Contract Area if the. County is the Requesting Party. 5-15-98 9:20 AM 2 E. "Responding Party" means a party to this Agreement who receives a request from the Requesting Party to provide a fire or rescue first response unit or otherwise responds as provided in this Agreement. F. "Completed Call" means a response by a Responding Party's fire or rescue first response unit which has been dispatched by order from the Requesting Party's dispatching function to the Responding Party and which response has been communicated to the Requesting Party by the Responding Party by: (1) an "enroute" call announcing response initiation, (2) the departure of the Responding Party's first response unit and (3) an "arrival" call announcing the arrival of the Responding Party's first response unit at the target scene. A"false alarm" fully answered in compliance with the procedures and requirements of this sub-paragraph shall qualify as a Completed Call. G. "Canceled Call" means a response by a Responding Party's fire or rescue first response unit which has been dispatched by order from the Requesting Party's dispatching function to the Responding Party and which response has been communicated to the Requesting Party by the Responding Party by an "enroute" call announcing response initiation; and with respect to which the Requesting Party has canceled the request by order from the Requesting Party's dispatching function to the Responding Party which cancellation is received by the Responding Party and prior to the Responding Party's properly giving an "arrival" notification to the Requesting Party. A Canceled Call qualifies as a Completed Call for which compensation is earned under the terms of this Agreement only 5-15-98 9:20 AM 3 under those circumstances set forth in Section 4.B. herein below, entitled "Compensation and Payment for Contract Services". H. "Still Alarm" means a response by a party's fire or rescue unit to the other party's Contract Area initiated, for cause, by the Responding Party and reported in a timely fashion to, and acknowledged by, the communications center of the other party within whose jurisdiction the response was made and with respect to which fire or rescue services were actually required and rendered by the Responding Party. A "Still Alarm" response, properly noticed to and acknowledged by the agency having territorial jurisdiction, shall qualify as a Completed Call for which compensation is earned under the terms of this Agreement. "First Response" Means a response to the other party's Contract Area with the intent of providing automatic aid in a timely response for emergency services (excluding automatic fire alarms, patient assists and non-emergency calls) and utilizing the facility/unit nearest to the fire or incident. J. "Aborted Call" means any request from a Requesting Party which is canceled by order from the Requesting Party's dispatching function to the Responding Party prior to the time that (1) the fire or rescue first response unit of the Responding Party has departed its station (if located at its station at the time of the request), or (2) the Responding Party has given as "enroute" call announcing response initiation. An "Aborted Call" will not be counted as a "Completed Call" under any circumstances and will not be compensated under the conditions of this Agreement. 5-15-98 9:20 AM 4 Section 2. Purpose and Scope of Fire Service Contract—The County and Ocoee hereby enter into this Agreement for the provision by each party to the other of Fire Protection Services (including Hazardous Material Incidents) and Emergency Medical Service calls to the residents and properties located within the geographical confines of the appropriate Contract Area. Each party agrees to act as a provider under contract to the other to provide fire protection and emergency medical services to the residents and property owners of the appropriate Contract Area. Section 3. Level of Services to be Provided. Each party, as the vendor of fire protection and emergency medical services as provided for in Section 2 hereinabove, will provide a level of such fire protection services and emergency medical services at least to the level of such services as provided by each party for first response calls within its own jurisdiction. At a minimum, each Responding Party shall provide a Class A pumper on response to fire calls from the Requesting Party, equipped and staffed with three certified, full time paid firefighters, or an EMS vehicle equipped and staffed with two EMTs or higher certified personnel on response to EMS calls. Reserve personnel maybe utilized as a supplement to the minimum assigned personnel. Section 4. Term of Agreement and Compensation A. Term. The term of this Agreement shall commence on June 1, 1998 and end on September 30, 2000. B. Compensation and Payment for Contract Services by County. 5-15-98 9:20 AM 5 (1) Base Compensation shall be payable by the County to Ocoee at the rate set forth below. County shall be entitled to receive from Ocoee, without further or additional charge of any type, first response services as provided in Sections 2 and 3 hereof for that number of calls set forth for the appropriate year set forth below. Ocoee shall be entitled to compensation from the County for any Completed Calls rendered by Ocoee during any fiscal year which are in excess of the number of those calls to which the County is entitled for that fiscal year to receive based on the Base Compensation. (2) The compensation due and payable by the County to Ocoee shall be as set forth below: (a) Year 1 (June 1, 1998 to September 30, 1998): Base Compensation in the amount of One Hundred Thousand ($100,000) Dollars, for which sum the County shall be entitled to receive from Ocoee up to Two Hundred Thirty Three (233) Completed Calls. Each Completed Call provided by Ocoee during Year 1 in excess of Two Hundred Thirty Three (233) calls shall entitle Ocoee to additional compensation from the County in the amount of Five Hundred ($500) Dollars per Completed Call. The first twenty (20) Cancelled Calls during Year 1 shall not qualify as Completed Calls for the purposes of this section and shall be treated in the same manner as an Aborted Call. (b) Year 2 (October 1, 1998 to September 30, 1999): Base Compensation in the amount of Three Hundred Thousand ($300,000) Dollars, for which sum the County shall be entitled to receive from Ocoee up to Seven 5-15-98 9:20 AM 6 Hundred (700) Completed Calls. Each Completed Call provided by Ocoee during Year 2 in excess of Seven Hundred (700) calls shall entitle Ocoee to additional compensation from the County in the amount of Five Hundred ($500) Dollars per Completed Call. The first Fifty (50) Cancelled Calls during Year 2 shall not qualify as Completed Calls for the purposes of this section and shall be treated in the same manner as an Aborted Call. (c) Year 3 (October 1, 1999 to September 30, 2000) Base Compensation in the amount of Three Hundred Thousand ($300,000) Dollars, for which sum the County shall be entitled to receive from Ocoee up to Seven Hundred (700) Completed Calls. Each Completed Call provided by Ocoee during Year 3 in excess of Seven Hundred (700) calls shall entitle Ocoee to additional compensation from the County in the amount of Five Hundred ($500) Dollars per Completed Call. The first Fifty (50) Cancelled Calls during Year 3 shall not qualify as Completed Calls for the purposes of this section and shall be treated in the same manner as an Aborted Call. (3) The Consumer Price Index (CPI) applicable to the Greater Orlando Metropolitan Statistical Area, October 1, 1999, shall be reviewed and the appropriate increase/decrease amount for the period from June 1, 1998 to September 30, 1999 will be applied to the Base Compensation payable for Year 3 . The CPI increase shall not exceed 10% and will not impact the $500 cost per Completed Call for those calls in excess of 700. 5-15-98 9:20 AM 7 (4) Payment of the Base Compensation called for hereinabove for Year 1 shall be made in full by County to Ocoee prior to September 30, 1998. (5) Annual payment of the Base Compensation called for hereinabove for Years 2 and 3 shall be made during each year in ten equal payments, each payment being one-tenth of the total amount due Ocoee during said year. The first such monthly payment shall be made on December 1st of each year and the remaining payments shall be made upon the first day of each subsequent month, the last such payment being made September 1st of the year for which such payments are due. (6) Upon inception of this Agreement Ocoee and County shall meet monthly and County shall verify calls upon receipt of Ocoee's monthly report. In this manner County and Ocoee shall establish a correct monthly running count of verified Completed and Cancelled Calls. County shall pay to Ocoee that additional compensation, if any, due Ocoee for the excess Completed Calls rendered by Ocoee during the preceding fiscal year upon verification of the said running account for the fiscal year and computation of that sum due Ocoee. Such verification and computation shall be completed, and such payment made, no later than one month following the completion of each fiscal (October 31). (7) Ocoee shall be entitled to receive the.Base Compensation as set forth herein for each fiscal year regardless of whether or not Ocoee provides, according to the terms and conditions of this Agreement, the number of Completed Calls to which County is entitled for such Base Compensation, the parties hereto recognizing 5-15-98 9:20 AM 8 that Ocoee will incur certain costs in order to be in a position to provide the number of calls included within the Base Compensation. C. Compensation and Payment for Contract Services by Ocoee. (1) Compensation shall be payable from Ocoee to County for all Completed Calls provided by County to the City which are located within the County Contract Area. The rate of such compensation to be paid to the County by Ocoee during any particular fiscal year shall be $500 per completed call. Ocoee and County shall meet monthly and Ocoee shall verify calls upon receipt of county's monthly report. In this manner County and Ocoee shall establish a correct monthly running count of verified Complete Calls. Ocoee shall pay County such payments, if any, due County during the preceding fiscal year upon verification of said running account in the fiscal year and computation of that sum due County. Such verification and computation shall be completed, and such payment made, no later than one month following the completion of each fiscal year (October 31). (2) Nothing contained herein shall be construed to obligate Ocoee to request any assistance from County under the terms of this Agreement. Section 5. Reporting Obligations. Ocoee shall furnish Orange County and Orange County shall furnish Ocoee with incident reports for calls on a monthly basis. An incident report shall be made by Ocoee for each alarm responded to in the Ocoee Contract Area by Ocoee and Orange County shall provide an incident report to Ocoee for each alarm responded to in the City of Ocoee and the County 5-15-98 9:20 AM 9 Contract Area. Such incident reports shall be furnished to the respective Fire Chiefs within fifteen (15) days following the end of the month during which such incidents occurred. Such incident report information shall be in a form complying with State Fire Marshall requirements for all fire, hazardous material and related service responses and complying with Orange County Emergency Medical Services Department requirements for all emergency medical service responses. Incident reports shall be submitted in traditional hard copy form provided; however, that those parties administering this Agreement on behalf of Ocoee and County may agree, from time to time, upon conditions and formats under which incident reports may submitted by means of electronic media. If either party does not meet the reporting obligations herein, payment of the per Completed Call compensation may be withheld until compliance is reached within the terms of this Agreement; provided, however, that reporting compliance shall not affect the obligation of the County to pay the Base Compensation to Ocoee as provided herein. Section 6. Independence of Each Party as Contractor. Means of rendition of service, standards of performance, discipline of each party's officers and employees and other matters incident to performance of services by each party's personnel and control of said personnel will be controlled exclusively by that party. Section 7. Dispute Resolution. Each party shall administer this Agreement by and through its fire department and fire department officers. The Fire Chief of each party is the party designated by each party as its Contract Administrator for this Agreement. If any dispute should arise concerning the services rendered under this Agreement or the administration of this Agreement, such dispute shall be first addressed for amicable solution by the contract administrators, the Fire Chief of the City of 5-15-98 9:20 AM 10 Ocoee and the Fire Chief for Orange County or their respective designees, before being presented to the appropriate executive authorities of the parties for final decision. In the event the executive authorities of the parties are unable to agree, then, either side may request the appointment of a mediator to be mutually selected by the parties to assist in resolving the issue. The cost of mediation shall be mutually borne by the parties. In the event any such mediation is unsuccessful or cannot be resolved within ninety (90) days from the date the issue is forwarded to either party's executive authoritiy for final decision, then the parties may thereafter pursue whatever remedies may be available under Florida law. Section 8. Officer-In-Charge. The Responding Party shall be subject to the orders and direction of the Officer-in-Charge of the operation having responsibility in the, area where the emergency exists while the Responding Party is within such area. If the first due unit is outside its jurisdiction, the Officer-In-Charge of the first due unit shall take command of the situation unless and until relieved by the agency having territorial jurisdiction. Section 9. Duties and Level of Service. (1) No department, officer or employee of either party to this Agreement shall perform any function or service not within the scope of the duties of such department, officer or employee in performing the same kind of services within its respective jurisdiction. (2) The rendition of service, standards of performance, discipline of officers and employees, and all other matter incident to the performance of services by command personnel and by the control of their personnel shall remain within each party to this Agreement. 5-15-98 9:20 AM 11 (3) Disputes or disagreements as to the level of services and standards of performance required of either party shall be reported by the complaining party to the Fire Chief of Ocoee or the Fire Chief of Orange County, whomever may be appropriate. (4) The decision of the each Fire Chief shall be final and conclusive as to the level of services or standards of performance by that party's personnel, and shall not be subject to the provisions of Section 7 hereof regarding Dispute Resolution. • Section 10. Applicability of Cost Recovery Agreements. The cost of gasoline and other expendable supplies for continued operation shall be the responsibility of the Responding Party unless otherwise specified in writing for non-traditional extraordinary services in a "Cost Recovery Agreement". It is agreed by the parties that neither party shall be considered a responsible third party for billing purposes unless a vehicle or operation under the authority of that party is the direct cause and source of the hazardous materials response. Section 11. Command, Cooperation and Communications. A. Orange County shall fully cooperate with Ocoee and Ocoee shall fully cooperate with Orange County to facilitate performance of this Agreement. B. All radio communications shall be in an open dispatch method. C. All responding units will operate under the Incident Command System. Section 12. Operational Provisions. The following provisions govern all performances under the provisions of this Agreement by both Ocoee and the County. 5-15-98 9:20 AM 12 A. Employee Status. Persons employed by either Ocoee or the County during performance under this Agreement shall remain employees of their respective authorities for all purposes and such employees shall have no claim against the other authority for pension, worker's compensation, unemployment compensation, civil service, or any other employee rights or privileges granted by laws or granted by the other jurisdiction to its officers or employees. B. Fair Employment Practices. Neither Ocoee nor Orange County shall assume any liability for the payment of salary, wages or other compensation or entitlement to officers, agents or employees of the other jurisdiction when such employees perform services as provided in the Agreement. Both Ocoee and Orange County adhere to an Equal Employment Opportunity ("EEO") policy which provides for the equality of opportunity during employment with the employing agency regardless of race, color, religion, sex, age, national origin, political affiliation, handicap, marital status, or other non job-related factors. Each jurisdiction's policy of equality of opportunity applies to all levels of each jurisdiction and to all job classifications. It is the responsibility of management within each division of such jurisdiction to give the jurisdiction's Equal Employment Policy full support through leadership and by personal example. It is the duty of each employee to help maintain a work environment which is conducive to each jurisdiction's commitment and philosophy to such Equal Employment Policy. C. Scope of Employee's Duties. No officer, employee or department of either jurisdiction shall perform for the other jurisdiction a function not within the scope of the duties of such office, employee or department in performing the same kind of services for the employing jurisdiction. 5-15-98 9:20 AM 13 D. Responsibility and Liabilities of Parties. (1) Any party hereto, its respective officer and employees, shall not be deemed to assume any liability for the acts, omissions, or negligence of any other party. (2) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, worker's compensation and other benefits which apply to the activity of officers or employees or a party when performing his respective function within the territorial limits of its jurisdiction shall apply to the same degree and extent to the performance of such functions and duties extra-territorially when such functions and duties are accomplished pursuant to this Agreement. (3) All liability for injury to personnel and for loss or damage of equipment shall be borne by the party employing such personnel and owning such equipment. E. Hold Harmless and Indemnification. Neither Ocoee nor Orange County assume any liability for the acts, omissions or negligence of the other jurisdiction. Each party, to the extent provided by law and subject to the limits of Section 768.28, F.S., shall indemnify and hold harmless the other party from all claims, damages, losses and expenses arising out of or resulting from the negligent performance of that party's operations pursuant to this Agreement. Section 13. Mutual Aid. Matters of Mutual Aid between the parties shall be governed by the certain Interlocal Agreement between the parties entitled "Interlocal Mutual Aid Agreement For Fire Protection and Rescue Services" executed by the parties of even date herewith. Notwithstanding any provision contained herein to the contrary, services provided by either party pursuant to the Mutual 5-15-98 9:20 AM 14 Aid Agreement shall not be considered to be a Completed Call and shall not result in any financial obligation between the parties under the terms of this Agreement. Section 14. Powers. Nothing in this Agreement is intended to be construed as any transfer or contracting away of the powers or functions of one party hereto the other. Section 15. Damages. Except as expressly set forth herein, this Agreement shall in no event confer upon any person, corporation, partnership or other entity, including the parties hereto, the right to damages or any other form of relief against any party to this Agreement for operations or omissions hereunder in accordance with the terms of the Agreement. Section 16. Amendments. This Agreement contains the entire understanding between the parties and shall not be modified except in writing. IN WITNESS WHEREOF, Ocoee and Orange County have executed this Agreement on the dates shown below. BOARD OF COUNTY COMMISSIONERS ATTEST: ORANGE COUNTY, FLORIDA By: APPROVED AS TO FORM AND LEGALITY DATED: Assistant County Attorney, Orange County, Florida 5-15-98 9:20 AM 15 ATTEST: CITY OF OCOEE, FLORIDA By:. JEAN GRAFTON, City Clerk S. 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Beginning Winderemere Road and Maguire: North on Maguire including roadway and all properties east of Maguire to Robinson Road including all properties North of Robinson Road. West on Robinson Road to Winderemere Road to include Lake Whitney Elementary School — 1351 S. Windermere Road. North from the intersection of Robinson Road and Winderemere Road with an imaginary boundary line to Lake Apopka. East from Lake Apopka following at the Northwest City Boundary Line to the very Northeast boundary line corner on McCormick Road, not to include McCormick Road. South following from the Northeast City boundary line at McCormick to the West Orange Trail. Follow the West Orange Trail northeast to the Northeast Corner Boundary of the City of Ocoee, approximately '/ mile North of Claracona Ocoee Road. Follow the City boundary line South to Apopka Vineland Road. Apopka Vineland Road South to Silver Star Road to include Apopka Vineland Road and all properties on the West of Apopka Vineland Road. Silver Star Road West to Good Homes Road including Silver Star Road and all properties North. Good Homes Road South to the Holland East West Expressway (SR408) to include Good Homes Road and all properties west of roadway. SR 408 west to Hemple Avenue to include all properties North of SR 408. Hemple Avenue South to approximately '/4 mile South of 6th Street, to include Hemple Avenue and all properties west. Approximately '/4 Mile South of 6th Street West to approximately '/4 mile, turning due South to Lake Down. West following North Shore line of Lake Down to the Windermere City limits, to include all property North. Follow City of Windermere's North boundary West to Maguire Road.