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HomeMy WebLinkAboutVII(N) Authorization For Mayor And City Clerk To Execute The One Year Extension To The Interlocal Fire Protection Agreement With Orange County Agenda 9-05-2000 Item VII N Ocoee Fire Department 125 N. Bluford Ave. Ocoee, Florida 34761 R. D. Strosnider Business: 407-656-2322 Fire Chief Emergency: 911 MEMORANDUM To: The Honorable Mayor and City Commissioners From: Ronald D. Strosnider, Fire Chief 05 Date: August 28, 2000 Re: Interlocal Fire Protection Agreement The City of Ocoee and Orange County have negotiated a one (1) year extension to the current Joint Response Agreement for fire protection which is due to expire on September 30,2000. Basically,the fundamental terms and conditions of the original contract have not changed,with the following exceptions: 1. The term of the agreement shall commence on October 1, 2000 and continue until October 1,2001. 2. Base compensation to the City of Ocoee in the amount of One Hundred Twenty Thousand ($120,000) dollars, for which the County will receive up to Three Hundred and Twenty (320) completed calls. Each call in excess of 320 will be paid $500 per call by the County. The first Twenty-four (24) canceled calls will not count as completed calls. The reduction in calls for service/base compensation is predicated on the estimated reduction of joint response calls following the opening of two (2) new County fire stations in the contract area. Recommendation: Staff recommends the approval of the one year Joint Response Agreement with Orange County. sue' , ORANGE COUNTY, FLORIDA and CITY OF OCOEE,FLORIDA INTERLOCAL AGREEMENT for CONTRACT AREA FIRE PROTECTION AND RESCUE SERVICES This Interlocal Agreement (this "Agreement") is entered into this day of , 2000, 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, 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 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 1 WHEREAS, County and Ocoee have entered into a Interlocal Mutual Aid Agreement for Fire Protection and Rescue Services (the "Mutual Aid Agreement") which is supplemental to this Agreement; and WHEREAS, this Agreement is authorized by the provisions of Section 163.01, Florida Statutes, by virtue of which both 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 acknowledged, 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 by 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. 2 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. 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 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 3 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. 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. 4 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 an"enroute" call announcing response initiation. An"Aborted Call" will not be counted as a"Completed Call" or"Canceled Call"under any circumstances and will not be compensated under the conditions of this Agreement. 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 5 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 October 1, 2000 and continue until October 1, 2001. B. Compensation and Payment by County for Contract Services: (1) Base compensation shall be payable by 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 Completed Calls within the Ocoee Contract Area for the term of this Agreement as set forth below. Ocoee shall be entitled to additional compensation from County for any Completed Calls rendered by Ocoee which are in excess of the number of those calls to which the County is entitled for the term of this Agreement. (2) The compensation due and payable by County to Ocoee shall be as set forth below: (a) Annually: Base compensation in the amount of One Hundred Twenty Thousand ($120,000) Dollars, for which 6 sum County shall be entitled to receive from Ocoee up to Three Hundred and Twenty (320) Completed Calls. Each Completed Call provided by Ocoee in excess of Three Hundred and Twenty(320) calls shall entitle Ocoee to additional compensation from County in the amount of Five Hundred($500) Dollars per Completed Call. Canceled Calls shall be counted as Completed Calls, except the first Twenty-four(24) Canceled Calls shall not qualify as Completed Calls for the purpose of this Paragraph and shall be treated in the same manner as an Aborted Call. (3) Payment of the base compensation called for hereinabove shall be made quarterly by County to Ocoee,beginning with the first quarter ending December 31, 2000. The first payment of Thirty Thousand($30,000)Dollars, and each payment thereafter, shall be made within forty five (45) days of receipt of invoice following the close of the preceding quarter. Ocoee shall invoice County quarterly in arrears and mail such invoice to Orange County Fire Rescue Finance, 6590 Amory Court, Winter Park, Florida 32792; Attention: Accounts Payable. (4) Upon inception of this Agreement, Ocoee and County shall meet quarterly and County shall verify calls upon receipt of Ocoee's quarterly report. In this manner, County and Ocoee shall establish a correct monthly running count of verified Completed and 7 Canceled Calls. County shall pay to Ocoee that additional compensation, if any, due Ocoee for the excess Completed Calls rendered by Ocoee during the contract period upon verification of the number of calls in excess of the 320 responses provided in this Agreement excluding those applicable Canceled Calls. Such verification and computation shall be completed, and invoiced with such payment made, no later than December 31, 2001.Ocoee shall invoice County and County shall pay Ocoee in the same manner as stated in Subsection 4.B.(3) of this Agreement. (5) Ocoee shall be entitled to receive the base compensation as set forth herein for each quarter 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 recognize that Ocoee will incur certain costs in order to be in a position to provide the number of calls included with the base compensation. C. Compensation and Payment by Ocoee for Contract Services: (1) Compensation shall be payable by Ocoee to County for all Completed Calls and Canceled Calls provided by County to Ocoee which are located within the County Contract Area. The rate of such compensation to be paid to County by Ocoee during any particular fiscal year shall be five hundred ($500) dollars each. Ocoee and County shall meet quarterly and Ocoee shall verify calls 8 upon receipt of County's monthly reports. In this manner County and Ocoee shall establish a correct monthly running count of verified Completed Calls and Canceled Calls. County shall invoice Ocoee annually by fiscal year and mail such invoice to City of Ocoee, 125 North Bluford St., Ocoee, Florida 34761. Ocoee shall make payments, if any, due County within forty five (45) days of receipt of invoice. (2) Nothing contained herein shall be construed to obligate Ocoee to request any assistance from County under the terms of this Agreement. D. Termination: Either party may terminate this Agreement by providing written notice via certified mail to the other party, at least 60-days prior to the date of termination. Section 5. Reporting Obligations Ocoee shall furnish County and County shall furnish Ocoee with monthly incident reports for calls on a quarterly basis. An incident report shall be made by Ocoee for each alarm responded to in the Ocoee Contract Area by Ocoee, and County shall provide an incident report to Ocoee for each alarm responded to in the Contract Area. Such incident reports shall be furnished to the respective Fire Chiefs within fifteen(15) days following the end of the quarter 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 Division requirements for all emergency medical service responses. 9 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 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 Fire Chiefs of both parties, or their respective designees, before being presented to the appropriate executive authorities for final decision. In the event the executive authorities of the parties are unable to 10 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 both 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 authority 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. 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 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. County shall fully cooperate with Ocoee and Ocoee shall fully cooperate with 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. 12 Section 12. Operational Provisions The following provisions govern all performances under the provision of this Agreement by both Ocoee and County. A. Employee Status. Persons employed by either Ocoee or 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, workers compensation, unemployment compensation, civil service, or any other employee rights • or privileges granted by the other jurisdiction to its officers or employees. B. Fair Employment Practices. Neither Ocoee nor County shall assume any liability for the payment of salary, wages or other compensation or entitlement to officers, agents or employees of the other party when such employees perform services as provided in this Agreement. Both Ocoee and 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 party's policy of equality of opportunity applies to all levels of each organization and to all job classifications. It is the responsibility of management within each division of such organization to give the party's Equal Employment Policy full support through leadership and by personal example. It is the responsibility of management within 13 each respective division of the organization to give the party's commitment and philosophy to such Equal Employment Policy. C. Scope of Employees' Duties. No officer, employee, or department of either party shall perform for the other party 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 party. D. Responsibility and Liabilities of Parties. (1) Any party hereto, its respective officers 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, workers compensation and other benefits which apply to the activity of officers or employees or a party when performing their 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. 14 E. Hold Harmless and Indemnification. Neither Ocoee nor County assume any liability for the acts, omissions or negligence of the other party. 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 on May 19, 1998. Notwithstanding any provision contained herein to the contrary, services provided by either party pursuant to the Mutual 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. 15 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 this Agreement. Section 16. On-Going Fee For Service Agreement Upon mutual written agreement of both Fire Chiefs, Ocoee and County may enter into a modified First Response Agreement with the intent of providing automatic aid in a timely response for emergency services and utilizing the facility/unit nearest to the fire or incident. The Chiefs shall have discretion in defining such boundaries and fees based on a five hundred ($500) dollar per call bases. Section 17. On-Going Cooperative Efforts It is the intent of both Fire Chiefs to continue in efforts to enhance productivity and cost efficiency through such measures as joint station construction projects,joint training facilities and other appropriate concepts. Section 18. Amendments This Agreement contains the entire understanding between the parties and shall not be modified except in writing. 16 IN WITNESS WEREOF,the parties have executed this Agreement as indicated below. • Orange County, Florida By: Board of County Commissioners By: Mel Martinez Orange County Chairman Attest: Martha O. Haynie, County Comptroller As Clerk to the Board of County Commissioners By: Deputy Clerk Approved: City of Ocoee, Florida By: S. Scott Vandergrift, Mayor Attest: By: Jean Grafton, City Clerk For use and reliance only by the City of Approved by the Ocoee City Ocoee, Florida Commission at a meeting held on Approved as to Form and Legality , 2000 this day of , 2000 Under Agenda Item Foley&Lardner By: City Attorney 17 EXHIBIT A V _, _: > ! 4 b I --, r- , p i J _..._T ` , d S r- /. , 1--r— _ ,,:I � —Al, Lake ` I I Its:-...r i _I - $ L L—� d V 1 j Apopka 'L r {'-- x 01‘4'1"1 1., .:y.. .• 1 —cA.,......... ___\r. 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