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HomeMy WebLinkAboutVI(J) Discussion/ Action Re: Interlocal Agreement Between Orange County And City Of Ocoee Providing For Distrubution Of The Proceeds Of The 911 Emergency Telephone System Fee According To The Florida Emergency Telephone Act And Ordinance No. 95-27 AGENDA 2-18-97 Item VI J 211 Ocoee Police Department OCOEE Robert E. Mark 175 N. Bluford Avenue y4pLJGE� Chief of Police Ocoee, Florida 34761 Phone (407) 656-1313 Fax (407) 656-0218 "'` ran TO: The Honorable Mayor and Board of City Commissioners FROM: Robert E. Mark, Chief of Police R 7i/L DATE: February 14, 1997 SUBJECT: INTERLOCAL AGREEMENT BETWEEN ORANGE COUNTY AND THE CITY OF OCOEE STAFF REPORT ISSUE Should the Honorable Mayor and Board of City Commissioners approve 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. 95-27 . BACKGROUND In 1995, Orange County enacted Ordinance No . 95-27 in 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 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 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 City Commissioners approve the City of Ocoee enter into the Interlocal Agreement with Orange County. IT r �,m 7.0 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 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 "PSAP 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 annually, 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 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. 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. 5 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 USER1and 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 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. 7 A replacement Exhibit"A"will be provided by the COUNTY to each USER at the end of each fiscal year for the preceding year. TERMINATION 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 parry 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 ' • 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 , 1996, and , signing by and through its , duly authorized to execute same. ORANGE COUNTY ORANGE COUNTY,FLORIDA,through its BOARD OF COUNTY COMMISSIONERS BY: County Chairman ATTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk 9 • FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY APPROVED AS TO FORM 19 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: 19 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) • �,.