HomeMy WebLinkAboutIII (B) Approval and Authorization for Mayor and City Clerk to execute First Amendment to Interlocal Agreement between Orange County and the City of Ocoee regarding the Distribution of Proceeds of the 911 Emergency Telephone System Agenda 10-21-97
Item III B
Ocoee Police Department -1616ipCOEE Robert E. Mark
175 N. Bluford Avenue j�ppylCE Chief of Police
Ocoee, Florida 34761r E sw
Phone (407) 656-1313
Fax (407) 656-0218 - ,141
DEPART i
1r- le
FLA
TO: The Honorable Mayor and Board o ' Commissioners
FROM: Robert E. Mark, Chief of Police
DATE: October 7, 1997
SUBJECT: FIRST AMENDMENT to INTERLOCAL AGREEMENT BETWEEN
ORANGE COUNTY and THE CITY OF OCOEE
STAFF REPORT
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the first Amendment to the
Interlocal Agreement between Orange County and the City of Ocoee, regarding the distribution of
proceeds of the 9-1-1 Emergency Telephone System Fee in accordance with the Florida Emergency
Telephone Act and Orange County Ordinance No. 950-27.
BACKGROUND
On February 18, 1997 the Honorable Mayor and Board of City Commissioners approved the Interlocal
Agreement between Orange County and the City of Ocoee, after Orange County enacted Ordinance No.
95-27 which a monthly service fee in the amount of.50 cents for the 9-1-1 system was included on
monthly telephone bills for all telephone accounts within Orange County.
DISCUSSION
All 9-1-1 funds received shall be deposited in the Orange County Comptroller's Office and shall be placed
in an interest bearing account and will be distributed among the participating Public Safety Answering
Points(PSAPs). The distribution of these funds among PSAPs will be based on the annual traffic study
conducted by all telephone carriers within Orange County for the preceding calendar year and on reports
generated by the individual PSAP's automatic call management programs. The funding for each PSAP
is determined by dividing the number of 9-1-1 calls received by all PSAPs in Orange County. This
percentage is then applied to the total amount of funding available for PSAP operation after deductions
for cost and fees set forth in the agreement. Monies received from this Interlocal Agreement shall only
be utilized as outlined in F.S.S. 365.1657.
RECOMMENDATION
It is respectfully recommended that the Honorable Mayor and Board of Commissioners of the City of
Ocoee approve the first Amendment to the Interlocal Agreement with Orange County.
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FIRST AMENDMENT to INTERLOCAL AGREEMENT
between
ORANGE COUNTY
and
THE CITY OF OCOEE
Providing for
DISTRIBUTION OF THE PROCEEDS OF THE "9-1-1" EMERGENCY
TELEPHONE SYSTEM FEE ACCORDING TO THE FLORIDA
TELEPHONE ACT AND ORDINANCE NO. 95-27
THIS FIRST AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into
this day of , 1997 between ORANGE COUNTY, FLORIDA, a political
subdivision of the State of Florida("County"),and THE CITY OF OCOEE,a municipal corporation,
located in Orange County and organized and existing under the laws of the State of Florida,
("User"). The text of this Agreement is an integration of the text of an original Interlocal Agreement
dated April 29, 1997.
WITNESSETH:
WHEREAS,County and User heretofore entered into an Interlocal agreement providing for
the distribution of the proceeds for the"9-1-1" Emergency Telephone System Fee according to the
Florida Emergency Telephone Act and Ordinance No. 85-27; and
WHEREAS, the parties desire to clarify and modify certain provisions within said
agreement.
NOW, THEREFORE, in consideration of the covenants, conditions, stipulations and
provisions herein contained,that certain Interlocal agreement hereinabove referenced as previously
executed by and between County and User is hereby amended as follows:
1. Article 1, Preamble, Section 1.7 is amended to read as follows:
"In accordance with the provisions of Article 2, County shall distribute to User
quarterly, on a reimbursement basis, an amount to fund, or to assist in funding,the
operation of the User's PSAP."
2. Article 2, Other Provisions, Section 2.1, Funding Percentages, is amended to read as
follows:
"The distribution of funds among PSAPs will be based on an annual traffic study
conducted by all telephone carriers within Orange County for the preceding calendar
year and on reports generated by the individual PSAP's manual or automated call
management programs. The funding for each PSAP is determined by dividing the
number of 9-1-1 calls received by each PSAP by the total number of 9-1-1 calls
received by all PSAPs in Orange County. This percentage is then applied to the total
amount of funding available for PSAP operations after deductions set forth in Article
2. User recognizes that its percentage and the amount of available 9-1-1 fee revenues
may change from year to year.
If any funds remain with the County at the end of the fiscal year, taking into
account any moneys reserved under Section 2.2 for a capital improvements plan and
after all deductions pursuant to Section 2.0 and all eligible reimbursements have been
made, said moneys shall be disbursed to those PSAPs, if any, who were not fully
reimbursed for expenses during the year on the same percentage basis outlined
hereinabove".
3. Article 2, Section 2.3, Disbursement of Funds. Section 2.3 is amended to read as
follows:
"2.3 User is entitled to receive quarterly disbursement on a reimbursement
basis only after submitting proper documentation of eligible expenses for the
prior quarter in accordance with Section 3.0. The maximum quarterly
disbursement to each PSAP shall be made based upon the actual monthly
collection of available fees, plus interest, less deductions as provided for in
Article 2."
4. Article 2, Section 2.4, Date of Disbursement. Section 2.4 is amended to read as
follows:
"2.4 The Disbursement of funds to each PSAP will be made within thirty
(30) days following County's receipt of User's financial report submitted in
accordance with Section 3.0"
5. Article 3, Financial Reports, Section 3.0. Section 3.0 shall be amended to read as
follows:
"3.0 User shall submit a financial report of the 9-1-1 expenses for the prior
quarter to the County within thirty (30) days of the end of the quarter. The
report should include the verification that all expenditures were eligible under
the terms of the Agreement with the County and all applicable laws. The
report should include the following certification: `I certify that,to the best of
my knowledge and belief,the expense statement submitted is correct and that
all expenses were made in accordance with the agreement with Orange
County and that no expenses have been submitted in previous statement'.
The certification should be signed by the chief financial officer or designee
of the User".
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6. Article 3, Financial Reports, Section 3.2, is amended to read as follows:
"3.2 County shall ensure that the annual audit of the 9-1-1 fund as required
by Florida Statute is performed, and will incorporate same into its annual
countywide audit process. Any specific fee that the County may incur for the
9-1-1 fund audit shall be considered an administrative fee as provided for in
Section 2.01 of Article 2 of this Agreement and, as such, shall be deducted
from gross receipts and prior to any distribution of funds to the various
PSAPs. The County shall provide a copy of any such audit to the PSAP's."
7. Article 3, Financial Reports, Section 3.3 is amended to read as follows:
"3.3 Pursuant to Section 3.2 of Article 3,User shall ensure that its officials
and employees cooperate fully and provide all accounting records, files,
contracts,plans,invoices,payroll registers,canceled checks,bank statements,
and other documents, whether on paper or electronic media, which the
auditors may reasonably request. Notwithstanding the foregoing,nothing in
this section shall affect the Orange County Comptroller's authority to audit
9-1-1 funds distributed to the various PSAPs."
8. Article 3, Section 3.4, Section 3.4 is amended to read as follows:
"3.4 County shall provide quarterly reports showing the disbursement of
funds made to each PSAP as well as the expenses incurred by the 911 9-1-1
office for the prior quarter."
9. Article 5, Section 5.01.8 is amended to read as follows:
"5.01.8 Any amounts returned to the County in accordance with Sections
5.11 and 5.12."
10. Article 5 is amended to show the following renumbering of paragraphs:
a. The heading "TERMINATION" should be numbered 5.1
b. Paragraph 5.1 should be numbered 5.10
c. Paragraph 5.2 should be numbered 5.11
d. Paragraph 5.3 should be numbered 5.12.
11. Except as modified hereinabove,the Interlocal Agreement between County and User
and all provisions therein not specifically amended hereinabove shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment to Interlocal
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Agreement on the date indicated above.
Orange County, Florida
By: Board of County Commissioners
By:
Linda W. Chapin
Orange County Chairman
Attest: Martha O. Haynie, Orange County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
FOR THE USE AND RELIANCE
OF ORANGE COUNTY ONLY
APPROVED AS TO FORM
1997
THOMAS J. WILKES
COUNTY ATTORNEY
City of Ocoee
City of Ocoee, Florida
BY:
S. Scott Vandergrift, Mayor
ATTEST:
BY:
Jean Grafton, City Clerk
FOR THE USE AND RELIANCE
ONLY BY THE CITY OF OCOEE
APPROVED AS TO FORM AND LEGALITY
1997
CITY ATTORNEY
lsa/agrcnt/oco911 a.wpd
(08/27/97)
4
Memo
To: Chief Robert Mark
From: Lieutenant Cherri Toms
Subject: INTERLOCAL AGREEMENT
between ORANGE COUNTY and the CITY OF OCOEE
Date: September 24, 1997
As a result of our meeting earlier today I am providing the following information regarding the
Interlocal Agreement between Orange County and the City of Ocoee pertaining to the 9-1-1 funds
collected.
9-1-1 funds (.50 cents per telephone line) are collected by the servicing telephone companies for
all subscribers. This money is provided to Orange County to be distributed, by the percentage of
the number of 9-1-1 calls handled throughout all the PSAPs(Pubic Safety Answering Points)in
the county.
For the fiscal year of 1995/1996 the total number of 9-1-1 calls handled by our agency was 5,804.
This was 0.91% of all 9-1-1 calls received throughout Orange County. 0.91% of all funds
collected for disbursement comes to $14,812.38.
According to the Interlocal Agreement which was approved by the City of Ocoee Commission on
April 28, 1997, it states under Article 2,Distribution of Funds, Section 2.1,Funding
Percentages, that the distribution of funds will be based on the total number of 9-1-1 calls
received by the individual PSAPs during the previous year. This means that the amount of funds
available to us during the fiscal year of 1996/1997 shall also be $14,812.38.
As to what the reimbursed funds may be used for, according to the State Plan, the legislature
authorized the monies to be spent solely for the operation and staffing of 9-1-1. This includes
equipment purchases, repairs and maintenance agreements, for items such as the Dictaphone,
tapes, headsets, UPS, Call Checks, etc. This also includes office supplies used by the 9-1-1
operator as well as the salaries for the 9-1-1 operators. It has been found that in agencies where
the dispatcher is also the call taker and answers all telephone calls for service, in addition to 9-1-1
calls such as it is in the City of Ocoee, the entire salary is not eligible for reimbursement. In this
case 30% of the dispatcher's salary may be requested from the eligible funds for reimbursement.
Chief Robert Mark
Page 2
September 24, 1997
Since the inception of the Interlocal Agreement, I have submitted the following reimbursement
requests to Orange County.
Fiscal year of 1995/1996 - $36,515.51
First Quarter of Fiscal Year of 1996/1997. - $11,590.22
Second Quarter of Fiscal Year of 1996/1997 - $11,398.66
Third Quarter of Fiscal Year of 1996/1997- $12,930.00
(Again, only$14,812.38 was/is available for each fiscal year.)
Further more, the Interlocal Agreement states under Article 3,Financial Reports, Section 3.0,
that the "USER(defined as the City of Ocoee)shall maintain said funding received under this
Agreement in a separate account and shall submit a financial report of the 9-1-1 receipts
and expenses for the prior quarter to the COUNTY within forty-five (45) days of the end of
each quarter. " Any deviation from this is a violation of State Law, City and County
Ordinances.
attachments: Interlocal Agreement, signed by Commission on 04/28/97
copies of PSAP Reimbursement Forms:
FY95/96 & Pt, 2nd, and 3'd Quarters of FY96/97
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PSAP REIMBURSEMENT FORM
To: Barbara Howard, 9-1.-1 Coordinator
From: Lt. Cherri Toms, Ocoee Police Department
Subject: Disbursement of Funds for 1995 - 96
PSAP Name: Ocoee Police Department FY: 95-96 Quarter:
Eligible Funds Available FY: $14,812.3 8
Paid to Date $ 0
Funds Balance $14,812.3 8
Items for Reimbursement is Requested:
PURCHASE OF DICTAPHONE & TAPES $ 17,367.22
REPAIR s 468.00
30% of SALARY_ 911 OPERATORS $ 36,515.51
$
$
Total Requested Reimbursement: $
Authorized Reimbursement: $
Fund Balance: $
Date:
PSAP REIMBURSEMENT FORM
To: Barbara Howard, 9-1-1 Coordinator
From: Lt. Cherri Toms, Ocoee Police Department
Subject: Disbursement of Funds for 1996/97 Fiscal Year
PSAP Name: Ocoee Police Department FY: 96/97 Quarter: lst
Eligible Funds Available FY: $
Paid to Date $
Funds Balance $
_ _ Items for Reimbursement is Requested:
9-1-1 Telephone Maintenance Agreement $ 154.96
30% of Salary_ 9-1-1 Operators $ 11,590.22
$
$
Total Requested Reimbursement: $
Authorized Reimbursement: $
Fund Balance: $
Date:
PSAP REIMBURSEMENT FORM
To: Barbara Howard, 9-1-1 Coordinator
From: Lt. Cherri Toms, Ocoee Police Department
Subject: Disbursement of Funds for 1996/97 Fiscal Year
PSAP Name: Ocoee Police Department FY: 96/97 Quarter: ?nd
Eligible Funds Available FY: S
Paid to Date S
Funds Balance
= Items for Reimbursement is Requested:
30% of Salary. 9-1-1 Operators S 11,398.66
S
S
S
S
S
Total Requested Reimbursement: S
Authorized Reimbursement: S
Fund Balance: S
Date:
PSAP REIMBURSEMENT FORM
To: Barbara Howard, 9-1-1 Coordinator
From: Lt. Cherri Toms, Ocoee Police Department
Subject: Disbursement of Funds for 1996/97 Fiscal Year
PSAP Name: Ocoee Police Department FY: 96/97 Quarter: 3rd
Eligible Funds Available FY: $
Paid to Date $
Funds Balance $
Items for Reimbursement is Requested:
30% of Salary, 9-1-1 Operators $ 12,930.00
$
Total Requested Reimbursement: $
Authorized Reimbursement: $
Fund Balance: $
Date:
:i BY ORANGE COUNTY BOARD
OF COUNTY COMMISSIONERS APR 2 9 'B97 MO /V
•
ff
INTERLOCAL AGREEMENT
Between
ORANGE COUNTY and
THE CITY OF OCOEE
Providing for
DISTRIBUTION OF THE PROCEEDS OF THE "9-1-1" EMERGENCY TELEPHONE
SYSTEM FEE ACCORDING TO THE
FLORIDA EMERGENCY TELEPHONE ACT AND ORDINANCE NO. 95-27
This is an Agreement, made and entered into by and between ORANGE COUNTY, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
AND
The City of Ocoee, located in Orange County and organized and existing under the laws of
the State of Florida, a municipal corporation,hereinafter referred to as "USER."
WITNESSETH, in consideration of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, and pursuant to the authorization of Section 365.171, Fla. Stat.
(1995), and Orange County Ordinance No. 95-27, COUNTY and USER agree as follows:
ARTICLE 1
DEFINITIONS
1.0 Public Safety Answering Point ("PSAP") is a communications center which is designated
and authorized to receive and respond to emergency calls requiring firefighting, police,
emergency medical services ("E.M.S."), or other emergency services.
1.1 The term"quarters" as used herein shall refer to four(4) three (3) month reporting periods,
based upon a fiscal year which commences October 1 and continues through September 30.
1.2 "Budget Review Committee" as used herein is defined as a committee which shall review
budgetary items including the fees collected and expenses paid in accordance with Section
365.171, Fla. Stat. and Orange County Ordinance No. 95-27. This committee shall make
recommendations to the 9-1-1 Coordinator.If a dispute arises between the Budget Review
Committee and 9-1-1 Coordinator then,after majority vote by all the PSAP Managers(51%)
said dispute shall be handled in accordance with Article 4 of this Agreement. The
Budget Review Committee shall meet at least quarterly or more often as
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w "
needed and shall consist of 3 or 4 PSAP managers or their designees.
1.3 "Planning Committee" as used herein is defined as a committee which reviews all
equipment requests to ensure that they comply with the County 5-Year Plan and makes
recommendations on same to the 9-1-1 Coordinator. COUNTY shall insure that this
Committee has a copy of the pertinent portions of the 5-year plan. In addition,the committee
shall perform site inspections for all PSAPs on an annual basis. This committee shall consist
of 3 or 4 PSAP managers or their designees.
1.4 "Training Committee" is defined as a committee responsible for ensuring that basic 9-1-1
training is made available to all PSAPs. The committee may seek other specialized training
for all 9-1-1 calltakers and dispatchers; devise Public Education presentations, and make
recommendations to the 9-1-1 Coordinator. This committee shall consist of 3 or 4 PSAP
managers or their designees.
1.5 "P SAP Committee" is defined as a committee comprised of one representative from each
PSAP in Orange County that is listed in this interlocal agreement as shown in Exhibit"A".
This committee shall meet on a quarterly basis to review the minutes, reports or other
matters which the Budget Review Committee,Planning Committee or 9-1-1 Coordinator feel
are of interest to the PSAP Committee or which the PSAP Committee has requested from
them. The members of the PSAP Committee will act as an intermediary for their respective
agencies and will be responsible for informing their agencies of the activities of the various
committees and the 9-1-1 Coordinator.
PREAMBLE
1.6 USER currently operates a PSAP for its benefit, and acts as an agent or emissary between
the public and emergency services.
1.7 In accordance with the provisions of Article 2, COUNTY shall distribute to USER annu211y,
an amount to fund, or to assist in funding, the operation of the USER's PSAP.
1.8 As long as Orange County Ordinance No. 95-27 and this agreement remain in effect,
COUNTY will continue financing from 9-1-1 fee collections USER's recurring and non-
recurring telephone system costs for enhanced 9-1-1 service and equipment.
2
ARTICLE 2
OTHER PROVISIONS
DISTRIBUTION OF FUNDS
2.0 Deductions
All 9-1-1 funds received and on deposit in the Orange County Comptroller's Office shall be
placed in an interest bearing account and will be distributed among the participating PSAPs
after the following deductions have been made.
2.01 Administrative Fees. To include graphic reproduction charges, data processing
charges, personnel costs for those positions authorized by the Florida Statutes and
the Board of County Commissioners, auditing expenses as noted in Section 3.2,
expenses incurred in the maintenance of the office of the 911 Coordinator, vehicle
expenses for the 911 office and other associated expenses authorized by law.
2.02 Contingency Fund. A 5% contingency fund will be maintained by the 9-1-1
Coordinator. This fund is not to be used to pay recurring maintenance and
operational expenses (i.e., maintenance contracts, etc.) but shall be used to handle
unanticipated emergencies or problems that might arise within the 9-1-1 system. The
9-1-1 Coordinator must approve all expenditures from this fund. The 5% that
constitutes this fund will be established from the total revenues received in the fund
minus administrative fees and communications charges.
2.03 Training Fund. A 2%training fund will be established to provide standard training
for all PSAP personnel. When two (2) or more PSAPs request a particular form of
training,funds from this 2%will be available for such training provided it is covered
by the state statute and recommended by the Training Committee. Training peculiar
to individual PSAPs will remain the responsibility of each PSAP. Any balance
remaining at the end of the year will be proportionately distributed to the PSAPs
based on call volume. The 2% training fund will be established from the total
revenues received in the fund minus any items deducted pursuant to 2.01, 2.02 and
2.04.
2.04 Communications Equipment and Rental. All expenses involved in providing
communications needs including telephone bills,lease and repair of communications
devices and equipment, and rental charges for pagers and cellular telephones.
3
2.1 Funding Percentages
The distribution of funds among PSAPs will be based on an annual traffic study conducted
by all telephone carriers within Orange County for the preceding calendar year and on reports
generated by the individual PSAP's automated call management programs. The funding for
each PSAP is determined by dividing the number of 9-1-1 calls received by each PSAP by
the total number of 9-1-1 calls received by all PSAPs in Orange County. This percentage
is then applied to the total amount of funding available for PSAP operations after deductions
for costs and fees set forth in Article 2, Section 2.01. USER recognizes that its percentage
and the amount of available 9-1-1 fee revenues may change from year to year.
2.2 Capital Improvements
Pursuant to Fla. Stat. Section 365.171(13)(a)(3), the Orange County Board of County
Commissioners has the power to either(a) adopt a 9-1-1 capital improvements program or
(b)by resolution declare a purpose for capital improvements. In the event the Board makes
such a determination the amount carried over for said improvements shall be a percentage
of the total 9-1-1 funds collected for any fiscal year but shall not exceed 10%.
2.3 Disbursement of Funds
Disbursement of funds will be made on a quarterly basis starting in February, 1997, and shall
be retroactive to October 1, 1995. The quarterly disbursement to each PSAP shall be made
based upon the actual monthly collection of available fees,plus interest, less deductions as
provided for in Article 2, Sections 2.01 - 2.04.
2.4 Date of Disbursement
Following the initial disbursement, the disbursement of funds to each PSAP will be made
within forty-five (45) days after each quarter is ended in accordance with the provisions of
Article 2.
2.5 Expenditures
The COUNTY and USER agree that all expenditures of the proceeds,divided and distributed
pursuant to this Interlocal Agreement, shall be utilized only in accordance with Section
365.171, Fla. Statutes.
2.6 Indemnification
The USER shall, to the extent permitted by law, indemnify, save harmless, and defend
COUNTY,its officers,agents,and employees and the Board of County Commissioners from
and against any claim, demand or cause of action of whatsoever kind or nature arising out
4
of error, omission or negligent acts of the USER, its agents, servants, or employees in the
performance of the obligations set forth in this Agreement. This provision shall survive the
expiration or termination of this Agreement.
The COUNTY shall,to the extent permitted by law, indemnify, save harmless, and defend
the USER, its officers, agents, and employees and the City Council from and against any
claims demand, or cause of action of whatsoever kind or nature arising out of error,
omission, or negligent acts of COUNTY, its agents, servants, or employees in the
performance of the obligations set forth in this Agreement. This provision shall survive the
expiration or termination of this Agreement.
ARTICLE 3
FINANCIAL REPORTS
3.0 USER shall~mainta n,said:funding received under this.,AQreemez a .-a separ--ate-account-and
shall submit a financial report of the 9-1-1 receipts and expenses for the prior quarter to the
COUNTY within forty-five (45) days of the end of each quarter. The report should include
the verification that all expenditures were eligible under the terms of the Agreement with the
COUNTY and all applicable laws. The report should include the following certification: "I
certify that, to the best of my knowledge and belief, the expense statement submitted is
correct and that all expenses were made in accordance with the agreement with Orange
County and that no expenses have been submitted in previous statements." The certification
should be signed by the chief financial officer or designee of the USER.
3.1 USER shall keep such records and accounts as may be necessary in order to record complete
and correct entries as to any expenses for which it expects to be reimbursed. User shall,
when seeking reimbursement, and when requested by the County, provide a copy of any
records and accounts justifying its request. The County or its designee shall have the right
to examine such records and accounts during normal business hours. County shall keep such
records and accounts for a period of three(3) years after the termination of this Agreement,
or the retention schedules provided by law, whichever period is longer.
3.2 COUNTY shall ensure that an annual audit is performed by a Certified Public Accounting
firm of all fund participants. Said audits shall be considered an administrative fee as
provided for in Section 2.01 of Article 2 of this Agreement and, as such, shall be deducted
from gross receipts and prior to any distribution of funds to the various PSAPs. The
COUNTY shall provide a copy of any such audit to the audited party.
3.3 In the event there are any inconsistencies between the information provided by the PSAPs
and any audits performed by the COUNTY,the Orange County Comptroller shall perform
an audit/review of such fund utilization.
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3.4 COUNTY shall provide monthly reports showing the disbursement of funds made
to each PSAP as well as the expenses incurred by the 911 office for the prior month.
ARTICLE 4
DISPUTE RESOLUTION
4.0 Any action or decision by the 9-1-1 Coordinator may be contested and presented in writing
to the Deputy County Administrator for resolution, provided (a) the majority of the PSAP
managers (51%) agree with the action, and (b) the 9-1-1 Coordinator is notified in writing
and given three(3)days to resolve said dispute. If the 9-1-1 Coordinator is unable to resolve
the issue, then the PSAP managers may appeal to the Deputy County Administrator, who
will then render a decision. Should the PSAP managers not be satisfied with the decision of
the Deputy County Administrator, they may then appeal to the Board of County
Commissioners for final resolution.
ARTICLE 5
TERM OF AGREEMENT AND PROPERTY DISPOSITION
5.0 This Agreement shall take effect upon approval by COUNTY and USER,and shall terminate
on September 30, 1997, and shall thereafter automatically renew October 1, 1997, and in
October of each subsequent year. Each year the County shall prepare an Exhibit"B" which
shall contain the following information:
5.01 Information For Prior Year
5.01.1 The total amount of funds received and collected by the County pursuant
to Section 365.171,Fla. Stat. and Orange County Ordinance No. 95-27;
5.01.2 The total amount of Administrative fees deducted in accordance with
Section 2.01 of Article 2;
5.01.3. The receipts and expenditures from the contingency fund maintained in
accordance with Section 2.02 of Article 2;
5.01.4 The receipts and expenditures from the training fund established in
6
.�� to
accordance with Section 2.03 of Article 2;
5.01.5 The receipts and expenditures from the commmunications fund established
in accordance with Section 2.04 of Article 2;
5.01.6 The maximum distribution amount which shall be that amount collected in
accordance with Section 2.0 of Article 2 minus those deductions provided
for in Sections 2.01 through 2.04;
5.01.7 The amount of funding available to each USER based upon the funding
percentages calculated in accordance with the provisions of Section 2.1 of
Article 2;
5.01.8 Any amounts returned to the COUNTY in accordance with Sections 5.3
and 5.4 of Article 5.
5.01.9 Any funds that may be reserved for a capital improvements program
as noted in Section 2.2.
5.02 Projected Information For Subsequent Year
5.02.1 The total amount of 9-1-1 funds budgeted by the 9-1-1 Coordinator to be
received and collected pursuant to Section 365.171, Fla. Stat. and Orange
County Ordinance No. 95-27;
5.02.2 The total amount of administrative fees budgeted in accordance with
Section 2.01 of Article 2;
5.02.3 The total amount of contingency fund budgeted in accordance with Section
2.02 of Article 2;
5.02.4 The total amount of training fund budgeted in accordance with Section
2.03 of Article 2;
5.02.5 The total amount of communications fund budgeted in accordance with
Section 2.04 of Article 2:
5.02.6 The budgeted amount of funding available to each USER based upon the
funding percentages calculated in accordance with the provisions of Section
2.4 of Article 2.
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A replacement Exhibit"A"will be provided by the COUNTY to each USER at the
end of each fiscal year for the preceding year.
TERNIINATION
5.1 It is understood and agreed by the parties that this Agreement may be terminated for(i) good
cause,provided the non-terminating party is given written notice and a reasonable period of
time to cure the breach, or (ii) on any anniversary date of this Agreement, provided the
terminating party provides to the non-terminating party written notice at least ninety (90)
days prior to such anniversary date.
5.2 In the event any USER ceases to be a party to this Agreement and ceases providing services
as a Public Safety Agency in accordance with Section 365.171(3)(e), Fla. Stat., it shall
transfer any and all services, property, equipment, and unspent monies received as a result
of or pursuant to this Agreement to COUNTY to be redistributed to the PSAPs who remain
parties to this Agreement.
5.3 User will reimburse the COUNTY for the depreciated value of any property or equipment
possessed by USER which was funded through this Agreement but which is attached to real
property or is otherwise not susceptible to removal and transfer. Any amounts so reimbursed
shall be added to the fees collected during the quarter and shall be distributed to the
participating PSAPs in accordance with the formula set forth in Section 2.1 of this
Agreement.
ARTICLE 6
MISCELLANEOUS
6.0 Whenever either party desires to give notice to the other, such notice must be in writing, sent
by certified United States mail, with return receipt requested, addressed to the party for
whom it is intended,at the place last specified, and the place for giving of notice shall remain
such until it shall have been changed by written notice in compliance with the provisions of
this paragraph. For the present, the parties designate the following as the respective places
for giving notice, to-wit:
FOR COUNTY: County Administrator
Attention: 9-1-1 Coordinator
Orange County E9-1-1 Systems
6590 Amory Court
Winter Park, Florida 32792
FOR OCOEE • Captain Tonv Wilson
150 North Lakeshore Drive
Ocoee, Florida 34761-2258
8
6.1 The 9-1-1 Coordinator position and 9-1-1 staff positions shall be full-time positions
dedicated solely to the provision of 9-1-1 services as defined in Florida Statutes Section
365.171.The Coordinator shall be an independent agent working for the benefit of all PSAPs
in Orange County.
6.2 COUNTY and USER agree that each will comply with the pertinent Federal and State
statutes, executive orders, and such rules as are promulgated to assure that a person shall not
be discriminated against in the performance of any activity or obligation under this
Agreement including but not limited to discrimination based on race, religion or physical
handicap.
6.3 No modifying amendments or alterations in the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and
of equal dignity herewith.
IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement
on the respective dates under each signature: Orange County through its Board of County
Commissioners, signing by and through its Chairman, authorized to execute same by Board action
on the*day of_Qr-: 1 , 199/' id , signing
by and through its , duly authorized to execute same.
ORANGE COUNTY
ORANGE COUNTY,FLORIDA, through its
BOARD OF COUNTY COMMISSIONERS
i)
BY: ,) (.,.� - _.
county Chairman
OAT/04._i
ATTEST: Martha O. Haynie, County Co • ,•. . '61,
As Clerk of the Board of County Co e =:-:- ',
,1 'BY: ,W7-- .---/6. Z7-'1.'W''''.'"
Deputy Berk / it, R
.fir`=:
9
FOR THE USE AND RELIANCE
OF ORANGE COUNTY ONLY
AP ROVED AS TO FORM
• aQ 1927
Za(-4,,142)
levaitHOMAS J.WILKES
COUNTY ATTORNEY
City of Ocoee
City of Ocoee, Florida
BY:
S. Scott Vandergrift, Mayor
ATTEST:
BY:
Grafton, City rk
FOR THE USE AND RELIANCE Approved by Ocoee City Commission
ONLY BY THE CITY OF OCOEE on February 18, 1997 under
APPROVED AS TO FORM AND LEGALITY: Agenda Item No. VI J.
! J A 19l
LS �
CITY ATTORNEY
10
EXHIBIT "A"
PSAP MEMBERS
Parties to the Orange County Interlocal Agreement providing for the distribution of proceeds of
the "9-1-1" Emergency Telephone System fee.
CITY OF APOPKA
GREATER ORLANDO AVIATION AUTHORITY
CITY OF MAITLAND
CITY OF OCOEE
ORANGE COUNTY:
FIRE RESCUE DIVISION
SHERIFF'S OFFICE
CITY OF ORLANDO:
FIRE DEPARTMENT
POLICE DEPARTMENT
UNIVERSITY OF CENTRAL FLORIDA
CITY OF WINTER GARDEN
CITY OF WINTER PARK
lsa\agrcnt\911 ocoee.wpd(11)
(12/03/96)
(riE
X
COTTI
GOVERNMENT
FLORID A
April 9, 1997
LETTER OF ADMINISTRATIVE UNDERSTANDING
To reflect the consensus reached at a meeting held on April 2, 1997 between all Public
Safety Answering Point (PSAP)Managers, the Orange County 9-1-1 Coordinator, and
other representatives of Orange County and participating PSAPs, this letter is to confirm
the understanding that all moneys paid to the PSAPs pursuant to the 9-1-1 Interlocal
Agreements and Memoranda of Understanding will be done on a reimbursement basis for
past expenditures after the 9-1-1 Coordinator's Office has received proper documentation
of the expense.
In addition, it is understood that this method of payment will be embodied into a formal
amendment to the 9-1-1 Interlocal Agreements beginning with the first renewal period
commencing October, 1997. In the event the timely execution of said formal amendment
is delayed for any reason whatsoever, it is agreed that the foregoing reimbursement
method shall continue to be the method of payment.
Signed on this /e7/,'- day of April, 1997.
9-1-1 Coordinator (PSAP% rb.,c
•
E 911 SYSTEMS
6590 Amory Court•Winter Park,Florida 32792-7497
Telephone(407)836-9000/(407)836-9118■FAX(407)836-9116•http://www.citizens-first.co.orange.fl.us
( RANG
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oL-\TY
GOVERNMENT
FLORIDA
LE 1"1'TR OF ADMINISTRATIVE UNDERSTANDING
To: Barbara J. Howard
Orange County 9-1-1 Coordinator
This memorandum reflects the undersigned agency's adhesion to the consensus reached at
a meeting held on April 2, 1997, between all Public Safety Answering Point (PSAP)
Managers, the Orange County 9-1-1 Coordinator, and other representatives of Orange
County and participating PSAPs. This letter confirms the understanding that all monies
paid to the PSAPs pursuant to the 9-1-1 Interlocal Agreements and Memoranda of
Understanding will be paid as reimbursements for past expenditures after such
expenditures have been approved by the 9-1-1 Coordinator's Office. Proper
documentation of the expense must be submitted for such approval.
In addition, this agency agrees that the reimbursement method of payment will be •
embodied into a formal amendment to the 9-1-1 Interlocal Agreements beginning with the
first renewal period commencing October, 1997. In the event the timely execution of said
formal amendment is delayed for any reason whatsoever, it is agreed that this
reimbursement method shall continue.
r +
, Z
Lrel 2p7
,
(PSAP) �
Date: / /$ - 17
E 911 SYSTEMS
6590 Amory Court•Winter Park,Florida 32792-7497
Telephone(407)836-9000/(407)836-9118•FAX(407)836-9116•http://www.citizens-first.co.orange.11.us