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HomeMy WebLinkAboutVII (D) Discussion/ Action re: Termination of Interlocal Agreement for Fire, Rescue and Communication Services with Orange County Agenda 1-6-98 Item VII D OCOEE FIRE DEPARTMENT 125 N. BLUFORD AVE. OCOEE, FLORIDA 34761-2216 Ron Strosnider Business 656-7796 Fire Chief EMERGENCY 911 MEMORANDUM To: Ellis Shapiro, City Manager From: Richard Firstner, Assistant Fire Chief P-P Date: December 31, 1997 Re: STAFF REPORT- TERMINATION OF INTERLOCAL AGREEMENT The Ocoee Fire Department is currently bound by a Interlocal Agreement with Orange County to provide automatic first response mutual aid into the unincorporated County areas, in return for dispatching services provided by the County. The purpose of this staff report is to secure the authorization of the Ocoee City Commission to sever the existing agreement with the County. Backaround The Ocoee City Commission approved the Interlocal Agreement for Fire, Rescue and Communications Services at the meeting held on November 16, 1993, under agenda item no. IIIB, and executed on November 23, 1993. The Agreement provided for automatic first response to emergencies by the closest fire/rescue units to the incident. The County also agreed to provide communications support and dispatching services, as part of the Agreement. Over the past four (4) years of the agreement, the volume of calls in the City of Ocoee has increased at a steady pace. The volume of calls into unincorporated County areas have also dramatically increased, reducing the level of protection to the City of Ocoee by Ocoee Fire Department resources. Approximately 25%-30% of the total call volume by the Ocoee Fire Department is into unincorporated County areas. 3% of total calls are into Winter Garden, and 3°/o into the Town of Windermere. The number of calls into the City of Ocoee by Orange County average 1%-2% over the past three years. Although an accurate "cost per call" dollar figure is not available, based on the total operating budget of the Ocoee Fire Department divided by the percentage of calls into the County, $500,000.00 per year on average is expended on automatic first response to County areas. Position After analyzing the response data generated from the past three years, fire department management has determined that the Interlocal Agreement is not in the best interest of the City of Ocoee. Communications services provided by the County can now be performed within the City at a significantly lower cost (based on the estimated resources the City is providing the County through the Interlocal Agreement). The City of Ocoee can immediately dispatch both Police and Fire resources on a manual basis. By the termination of the Interlocal Agreement, the City will have full Computer Assisted Dispatching (CAD) capabilities in operation. This will provide the City of Ocoee with a level of service equal with, or superior to what is now experienced. Fire management will have a greater degree of control over resource allocation and service distribution that is not possible through the Interlocal Agreement. The main concern of the Ocoee Fire Department is the increasing frequency of calls into the County, leaving the City of Ocoee with inadequate fire protection. We feel that this arrangement is not in the best interest of the taxpayers of the City of Ocoee, nor does it represent good management practices of resource allocation. Recommendation Fire Department staff recommends that the City of Ocoee Commission approve the termination of the Interlocal Agreement for Fire, Rescue and Communications Services with Orange County. As per the advice of the City Attorney, we recommend that the City Commission authorize the attached correspondence from City Manager Shapiro to Orange County Chairman Chapin that the agreement be terminated at midnight on May 1, 1998, and the City of Ocoee will no longer provide automatic first response into the unincorporated County areas. This will not prevent the Ocoee Fire Department from responding to citizens in need, regardless of whether they reside inside the City limits in County enclaves, border the City in unincorporated County areas, or are residents of the City. Our first priority is the protection of life and property, and will not deny requests for assistance. The City will still maintain a standard Mutual Aid Agreement with the County, as well as other surrounding municipalities, assisting and receiving assistance when all resources are expended. The Ocoee Fire Department will continue to pursue discussions with Orange County regarding fair remuneration for extended services into County areas that exceed the standard mutual aid relationship. January , 1998 Re: Interlocal Agreement for Fire, Rescue and Communications Services, dated November 23 1993, between Orange County and the City of Ocoee. Dear Chairman Chapin: This letter is to inform you that on , 1998 the Ocoee City Commission authorized the termination of the above referenced Interlocal Agreement for Fire Rescue and Communication Service between the City of Ocoee and Orange County, effective at midnight on May 1, 1998. This letter constitutes notice to the County of such termination of the foregoing Interlocal Agreement effective at midnight on May 1, 1998, and is provided at least 90 days in advance of the termination date as required by Section 11 of the Interlocal Agreement. Further I must inform you it is the intent of the City to provide Fire and Rescue Services exclusively inside the incorporated City limits of Ocoee, and no longer provide automatic first response into the unincorporated County areas. Sincerely, Mayor Scott S. Vandergrift Ocoee City Commission Tom Wilkes, County Attorney Mike Iacona, Orange County Fire/Rescue CERTIFIED MAIL, RETURN RECEIPT REQUESTED CCMMISSICNERS AT THEIR MEETING rci/e/e_ try NOV 2 3 j993 ;i 1 cl INTERLOCAL AGREEMENT FOR FIRE, RESCUE rj� /Ar;cy ��'i , AND COMMUNICATIONS SERVICES i THIS AGREEMENT is entered into this, A day of tafiC -2), 1993, by and between ORANGE COUNTY, a political subdivision of the State of Florida, whose address is Fire and Rescue Division, 4700 Lake Underhill Road, Orlando, Florida 32807 (hereinafter referred to as "COUNTY") and the CITY OF OCOEE, a Florida municipal corporation whose address is 150 N. Lakeshore Drive, Ocoee, Florida 34761, (hereinafter referred to as "CITY"). WITNESSETH: WHEREAS, the COUNTY presently maintains and operates the Orange COUNTY Fire Rescue Services Division with fire fighting and rescue equipment and personnel, and operates an emergency communication center for receiving and dispatching fire and rescue alarms; and WHEREAS, the CITY presently maintains and operates a fire department with tire fighting and rescue equipment and personnel; and WHEREAS, the jurisdictional boundaries of the COUNTY and of the CITY are adjacent; and WHEREAS, the parties hereto recognize and agree it is desirable to provide the most expeditious and efficient response in their respective jurisdictions in order to protect the public health, welfare and safety; and WHEREAS, the parties hereto recognize and agree it is desirable to coordinate regional fire and rescue units on common radio frequencies; and WHEREAS, this Agreement is for the benefit of the general public and is authorized by, and entered into pursuant to Chapter 163, Florida Statutes, NOW THEREFORE, it is agreed by and between the parties hereto that each of the parties agree to assist the other, pursuant to the following stipulations, provisions and conditions: SECTION 1. PURPOSE AND INNTENT OF AGREEMENT. The purpose of this Agreement is to provide reciprocal fire and basic life support rescue assistance on a first response basis utilizing the fire/rescue units nearest to the incident. The COUNTY will provide coordinated communications and support by receiving, monitoring and dispatching CITY units as may be necessary for fire and rescue alarms directed to the COUNTY by the CITY in a effort to provide enhanced emergency services. SECTION 2. RADIO EQUIPMENT. The COUNTY agrees to loan the CITY six (6) surplus 800 MHz conventional mobile radios until the COLNTY's new 800 MHz trunked radio system is activated in 1994. The CITY agrees to provide compatible radio equipment on the COUNTY's new radio system. The COUNTY agrees to make its radio purchase contract available to the CITY. SECTION 3. REQUEST FOR ASSISTANCE - CITY. On situations not addressed by predetermined automatic first response, the CITY shall request emergency fire and basic life support rescue assistance through the COUNTY fire Communications Center. SECTION 4. REOUEST FOR ASSISTANCE - COUNTY. On incidents occurring outside the predetermined automatic first response, the COUNTY shall request emergency fire and rescue assistance through the Fire Chief or Shift Commander of the CITY. 2 SECTION 5. RESPONSE TO REOUEST FOR ASSISTANCE NOT ADDRESSED BY PREDETERMINED AUTOMATIC FIRST RESPONSE. The following conditions apply to the provisions of assistance not addressed by predetermined automatic first response. a. The COUNTY will provide special call units including truck service by request of on-scene CITY units. b. The COUNTY will respond units to the City of Windermere when all CITY resources are committed. c. Equipment shall be dispatched as requested; provided that the amount of equipment and personnel dispatched shall be consistent with public safety within the area served and the aims and purpose of the Agreement. d. Should the responding agency be involved in an emergency operation at the time of receiving the request for assistance, the response may be delayed until such time as the responding agency may make an additional commitment. e. In the event that the responding agency becomes aware of an emergency within their area of primary responsibility, the responding agency may, upon coordination with the ranking command officer, recall whatever equipment and personnel as may be needed. SECTION 6. RESPONSE TO CALLS WITHIN THE AUTOMATIC FIRST RESPONSE AREAS. The CITY and COUNTY will provide emergency fire and basic life support service as required to meet the conditions of the Agreement. In lieu of specific requests for assistance, both the CITY and COUNTY may respond to incidents in "first response zones" to the mutual benefit of both governmental agencies. 3 SECTION 7. OFFICER IN CHARGE. a. The responding party shall be subject to the orders and directions 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. b. If the first due unit is from the assisting agency, the unit's officer is in charge of the situation until relieved by the authority having jurisdiction. SECTION 8. DUTIES AND LEVELS OF SERVICE. a. 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 their respective jurisdiction. When rendering assistance pursuant to this Agreement all officers and employees of either party shall abide by and be subject to the rules and regulations, personnel policies, general orders and standard operating procedures of his/her respective party. b. Rendition of service, standards of performance, discipline of officers and employees and other matters incident to performance of services and control of personnel shall remain with the COUNTY and CITY respectively. c. Disputes or disagreements as to the level of service and standard of performance required of either party shall be reported to the Fire Chief of the CITY or the Fire Chief of the COUNTY respectively. d. The decision of the Fire Chief of the CITY shall be final and conclusive as to the level of service or standard of performance by the CITY. 4 e. The decision of the Fire Chief of the COUNTY shall be final and conclusive as to the level of service or standard of performance by the COUNTY, SECTION 9. EMPLOYEE STATUS. Persons employed by the COUNTY or CITY respectively, in the performance of services and functions pursuant to the Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise by the other agency, COUNTY or CITY respectively, to its officers and employees. SECTION 10. LIABILITIES AND RESPONSIBILITIES OF PARTIES. a. The parties hereto, their respective officers and employees, shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. To the extent permitted by law, each shall indemnify and hold the other harmless from all claims, damages, losses and expenses arising out of or resulting from the performance of their respective operations under this Agreement. b. 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 of the other party when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties extraterritorially pursuant to this Agreement. c. Except as herein otherwise provided, 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. Each party agrees to maintain in full force and affect, and to have 5 satisfactory proof of, liability insurance by one or more means specified in §768.28(19), Florida Statutes, in an amount which is, in the judgment of the governing body of that party, at least adequate to cover the risk to which that party is exposed. Should the aforementioned insurance coverage be cancelled or undergo material change, the party shall notify the other party of such change in writing within ten (10) days of receipt of actual or constructive notice of such change. d. Each party shall be responsible for all of its own costs and expenses of rendering assistance and providing equipment. Neither COUNTY or CITY will receive payment or be reimbursed for any expenses of the like incurred in connection with services provided under this Agreement. e. All compensation for personnel shall be borne by the party employing such personnel including, but not limited to, travel and maintenance expenses of such personnel and any amounts paid or due for compensation due to personal injury or death while such personnel are engaged in rendering assistance. f. After emergency calls have been received and dispatched to the CITY by the COUNTY Communications Center, it shall be the responsibility of the CITY to respond to the alarm and the COUNTY shall not be held liable for actions involving the CITY. SECTION 11. TERM OF CONTRACT. The term of this Agreement shall begin on the date hereof, and shall remain in effect until terminated by mutual agreement of both parties; provided, however, that either party may terminate or renegotiate said Agreement by giving a minimum of ninety (90) days written notice to the other party. 6 SECTION 12. 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 13. DAMAGES. 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 14. AMENDMENTS. This Agreement contains the entire understanding between the parties and shall not be modified except in writing. SECTION 15. CONFLICTS. In the event of a conflict between the provisions of this Agreement and Chapter 163, Florida Statutes, the provisions of Chapter 163, Florida Statutes shall control. 7 IN WITNESS WHEREOF, the parties hereto have cause these present to be signed by their duly authorized officers on thist50 Udiday of/l eaC tilltcJ , 0 BOARD OF COUNTY COMMISSIONERS ATTEST: ORANGE COUNTY,;-� FLORIDA . By f ( 1 J0,,�n ' ,�, - .for the'hse-and reliance of �"""!/�' Orange County only. Approved as i to'fotilt.MI al sufficiency. l -. �, ATTEST: CITY OF OCOEE, FLORIDA By: -It l ,1,4,4te —Kr/ AN GRAPTO , City Clerk S. SCOTT VANDERGRIFT, raydr - (SEAL)-'S FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, APPROVED AS COMMISSION AT A MEETING TO FORM AND LEGALITY THIS '£ HELD ON V0yt-f,,aELlb 1993 DAY OF ,,'Pv„1 , 1993: UNDER AGENDA ITEM NO. ill- B . FOLEYr& LARDNER laii By: / Z �"'�"�. /,I�--� City Attorney ' cnw%nrDCSocoew4RLoc:II2 31Igwnul sw[mp 8