HomeMy WebLinkAboutV (D) Approval and Authorization for Mayor and City Clerk to Execute an Interlocal Agreement regarding Orange County's Intergovernmental Radio Communication Program Agenda 5-06-2003
Item V D
TO: The Honorable Mayor and Board of City Commissioners
FROM: Steven J.Goclon,Chief of Police
DATE: May 6,2003
SUBJECT: AUTHORIZATION TO ENTER INTO AN INTERLOCAL AGREEMENT
REGARDING ORANGE COUNTY'S INTERGOVERNMENTAL RADIO
COMMUNICATION PROGRAM
STAFF REPORT
ISSUE
Should the Honorable Mayor and Board of City Commissioners authorize the City of Ocoee to enter into an
agreement with Orange County and other municipalities to pay for the City's portion of its public safety
radio system and address other radio related issues.
BACKGROUND
'1 he Ocoee Police and Fire Departments' radios are part of the Orange County maintained 800 mhz. radio
system. The system has reached its operating capacity and Motorola no longer provides parts or support
for the I I year old system. Orange County is replacing their radio system which will necessitate all system
users to change their current radio consoles.
By state statute, the state of Florida gives$12.50 from each traffic citation(radio surcharge)to the counties
to use for their interoperable radio systems. Orange County is purchasing the system and consoles. These
consoles would include those used by all of the public safety entities in Orange County, such as the Ocoee
Police and Fire Departments. Orange County will use the radio surcharge monies as they came in over a
period of five years to pay for the radio system and consoles. As Orange County is bearing the up front
costs of this system, they would like assurances that if the state law changes with regards to distribution of
radio surcharge monies,the cities in Orange County will help with their respective costs for the consoles.
The agreement also establishes a committee to decide how any surplus radio surcharge monies, if any,
would be spent.
RECOMMENDATION
It is respectfully recommended that the Honorable Mayor and Board of City Commissioners approve the
Orange County's Intergovernmental Radio Communication Program Interlocal Agreement.
INI'ERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA and the CITIES OF
APOPKA, EATONVILLE,EDGEWOOD, MAITLAND,OAKLAND,OCOEF,
ORLANDO, WINDERMERE, WINTER GARDEN, AND WINTER PARK
regarding
ORANGE COUNTY'S INTERGOVERNMENTAL RADIO COMMUNICATION PROGRAM
This Agreement is made and entered into by and between Orange County, Florida, a political
subdivision ofthe State of Florida,(hereinafter referred to as"County")and the City of Apopka,City of
Eatonvillc,City of Edgewood,City of Maitland,City of Oakland,City of Ocoee,City of Orlando, City of
Windermere,City of Winter Garden,and the City of Winter Park,which are cities located within Orange
County and are municipal corporations organized and existing under the laws ofthe State of Florida,
(hereinafter referred to as"User"or"Users").
RECITALS
WHEREAS, Section 318.21(9), Florida Statutes, provides that twelve dollars and fifty cents
($12.50)from each moving traffic violation must be used by the county to fund that county's participation
in an intergovernmental radio communication program approved by the Department of Management
Services;and
WHEREAS,County owns and operates an approved intergovernmental radio communication
program that is available to User;and
WHEREAS,County has negotiated with Motorola, Inc., to install and maintain equipment
necessary for the intergovernmental radio communication program(see Appendix"A"). The County has
created a capital lease project to pay for the program. The anticipated total cost of the capital lease project
for all equipment,training and maintenance of the equipment is approximately$ 5.8 million over five
years.
WHEREAS, User agrees to participate in the County's Intergovernmental Radio Communication
1'rogram in order to receive use of equipment that will provide a necessary public safety intergovernmental
benefit for both County and User; and
WHEREAS,User currently utilizes the County's Intergovernmental Radio Communication
Program,and acts as an agent or emissary between the public and emergency services, and is designated
and authorized to receive equipment from County that will benefit interoperability for all public safety
users;and
WHEREAS, in accordance with the provisions of Article 8 herein, County shall consider the
needs and recommendations of the Review Committee regarding expenditures from the traffic surcharge
accounts generated from the municipalities;and
WHEREAS,County agrees that User shall have sole and exclusive use of any equipment
acquired for the benefit of the User pursuant to this Agreement, for thirty(30)years or the useful life of
such identified equipment as determined by the Review committee. The Review Committee will evaluate
equipment returned to the traffic surcharge program. If the equipment is deemed to he obsolete,the
Review Committee will make recommendations to the Comptroller's Office for disposal. Any surplus
dollars will go towards the purchase of new equipment,or maintenance of existing equipment, as
determined by the Review Committee and as provided by law.
NOW THEREFORE, in consideration ofthe mutual promises herein contained,and for good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,County and Users
hereby covenant and agree to and with each other as follows:
ARTICLE I
PREAMBLE INCORPORATED
Section 1. The recitals set forth above are true and correct and are incorporated herein by this
reference.
ARTICLE 2
AUTHORITY
Section 1. This Interlocal Agreement(herein referred to as"Agreement") is entered in pursuant to
the home-rule powers granted to the County and the Users under the constitution and laws ofthe State of
Florida, including expressly,hut not limited to,the powers granted under the"Florida Interlocal
Cooperation Act of 1969"contained in Section in Section 163.01 ofthe Florida Statutes.
ARTICLE 3
DEFINITIONS
Section 1. "Quarters"or"Quarterly" shall refer to four(4)three(3)month reporting periods,
based upon a fiscal year which commences on October I and continues through September 30.
Section 2. "Review Committee" is defined as a steering committee which shall review plans and
make recommendations regarding expenditures relating to the County's Intergovernmental Radio
Communication Program that include the traffic surcharge fees collected and associated expenses paid in
accordance with Section 318.21(9), Florida Statutes. Recommendations shall be made to the Review
Committee's Chairman who shall be the Orange County Director of Public Safety.
The Review Committee will be comprised of one representative from each of the User
municipalities participating in the Orange County Intergovernmental Radio Communication Program listed
in this Interlocal Agreement. The Review Committee shall have meetings on a quarterly basis or as
otherwise determined by the Committee. Each User representative shall have decision-making authority in
each quarterly meeting and will be responsible for informing their agencies of the activities of the Review
Committee and the Chairman.
A simple majority of Review Committee members in attendance at the time of any vote at any
regularly scheduled and noticed meeting shall constitute the decision-making authority with the Chairman
serving as the tiebreaker. If a dispute arises between the Review Committee and the Chairman then,after
achieving a majority vote by all User representatives present at the meeting, said dispute should he handled
in accordance with Article 6 of this Agreement. A quorum shall be comprised of one-half plus one of the
total number of User representatives.
ARTICLE 4
TERM AND TERMINATION
Section 1. Term. This Agreement shall have a five(5)year term that will take effect upon full
execution by County and all Users and shall end on September 30,2008.unless terminated appropriately as
outlined in Section 2,Termination,below. This Agreement shall have six(6)automatic renewal terms.
Therefore,this Agreement may be renewed upon mutual consent of all the parties for up to six(6)five(5)
year renewal terms under the terms and conditions properly and mutually agreed to by all consenting
patties herein.
Section 2. Termination, It is understood and agreed by the parties that this Agreement may be
terminated by either party, provided the non-terminating party is given ninety(90)days written notice.
A. Termination by User. In the event User(s)terminate this Agreement and ceases
providing services as a User, 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 in accordance with
applicable law and this Agreement.
B. Termination by County. Notwithstanding anything to the contrary herein,upon
termination of this Agreement for any reason,the County and Review Committee will make a case-by-case
determination of each User's financial obligations to the County, if any,pursuant to any termination of this
Agreement by the County. Funds that are reimbursed to County shall be added to the traffic surcharge fees
collected during the fiscal quarter and shall be used in accordance with this Agreement.
ARTICLE 5
FINANCIAL REPORTS
Section 1. County shall maintain funds received under this Agreement in a separate account and
shall submit a financial report of the receipts and expenses for the prior quarter to the Users within forty-
live(45)days of the end of each quarter. Said report shall reflect any monies expended from the
contingency fund outlined in Article 8, Section 2, herein.
ARTICLE 6
DISPUTE RESOLUTION
Section 1. Any action or decision by the Review Committee's Chairman may be contested and
presented in writing to the County Administrator for resolution,provided(a)the majority of the
representatives agree with the contesting action,and(b)the Chairman(Orange County Public Safety
Director) is notified in writing and allowed at least three(3)business days to resolve said dispute. If the
County Administrator is unable to resolve the issue,then the committee member(s)may thereafter, within
three(3)business days,appeal in writing to the County's Board of County Commissioners for a final
binding resolution.
ARTICLE 7
NOTICE
Section 1. 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 such 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 notices to be provide:
As to County: Orange County Administrator
201 S. Rosalind Avenue, 55'Floor
Orlando,Florida 32801
with a copy to: Orange County Public Safety Director
201 S. Rosalind Avenue, 5°i Floor
Orlando, Florida 32801
As to llser: Chief of Police
City of Apopka Police Department
112 East 61Ii Street
Apopka, Florida 32703
As to User: Chief of Police
City of Fatonville Police Department
II People Avenue
Eatonville Florida 32751
As to User: Chief of Police
City of Edgewood Police Department
405 Larne Avenue
Edgewood, Florida 32809
As to User: Chief of Police
City of Maitland Police Department
1776 Independence Lane
Maitland, Florida 32751-5639
As to User: Chief of Police
City of Oakland Police Department
Post Office Box 521
Oakland, Florida 34760-0521
As to User: Chief of Police
City of Ocoee Police Department
175 North Bluford Avenue
Ocoee, Florida 34761
As to User: Chief of Police
City of Orlando Police Department
100 South Hughey Avenue
Orlando, Florida 32801
As to User: Chief of Police
City of Windermere Police Department
Post Office Box 1549
Windermere, Florida 34786-1549
As to User: Chief of Police
City of Winter Garden Police Department
251 W. Plant Street
Winter Garden,Florida 34787-3099
As to User: Chief of Police
City of Winter Park Police Department
401 Park Avenue S.
Winter Park, Florida 32789-4386
ARTICLE 8
OTHER PROVISIONS
Section 1. Deductions. All traffic surcharge funds received and on deposit in the Orange County
Comptroller's Office shall be placed in an interest bearing account and will be used accordingly,after the
regular customary deductions by the Comptroller's Office are made for administration of the program,to
support the County's Intergovernmental Radio Communication Program.
Section 1. Contingency Fund. In accordance with Section 129.01, Florida Statutes,a five(5)
percent contingency reserve fund will be maintained by County. This reserve fund is not to be used to pay
recurring maintenance and operational expenses but shall be used to handle unanticipated emergencies or
problems that might arise within the County's Intergovernmental Radio Communication Program. The
Public Safety Communication Division Manager must approval all expenditures from this fund. All
emergency expenditures must be reported at the next scheduled Review Committee meeting. The five(5)
percent that constitutes this fund will be established from the total revenues received in the fund.
Section 3. Expenditures. The County and User agree that all expenditures of the proceeds,
pursuant to this Interlocal Agreement, shall be utilized only in accordance with Section 318.21(9), Florida
Statutes.
Section 4. Funding and Asset Management. So lung as Section 318.21(9),Florida Statutes
permits, the County will continue financing participation in the County's Intergovernmental Radio
Communication Program with traffic surcharge lee collections. If the law governing traffic surcharge fee
allocation changes to increase the amount of the surcharge fee paid to the County,the User and the County
agree that those fees will continue to be used to reduce the balance of the capital lease,on a cost-sharing
basis as described below. As long as the project is funded from the County's traffic surcharge funds,all
equipment purchased will be considered an asset of the County.
If the law governing traffic surcharge fee allocation changes to reduce the amount of the surcharge
fee paid to the County or if such a change alters the entities to which the traffic surcharge fee is distributed,
it is agreed that User and the County will each be responsible for their share of costs attendant to the
County's capital lease project. Cost sharing is determined based on the proportionate costs assigned to
each User for their participation in the project(Appendix"A"),and is commensurate with the surcharge
fees generated as a result of tickets issued within each User's jurisdictional limits.
In the event that User becomes financially responsible for payment of its
proportionate share of the project, User will be liable to the County for repayment of
costs incurred for equipment purchased by the County and assigned to User. The County
will transfer ownership interest in such equipment to the I lscr once User assumes
financial responsibility. In that event, the terms of this transfer of equipment and
repayment of funds will he separately negotiated between the County and each User. In
the alternative, the User may elect to negotiate with the County for a lease and
maintenance agreement for the assets assigned to User.
For so long as the radio communications equipment purchased by the County remains an asset of
the County, the County shall manage the asset and provide routine and necessary equipment maintenance
In the event that the asset is transferred to User,maintenance will he the User's responsibility.
Section 5. Insurance and Indemnification. The User shall take all reasonable precautions to
prevent damage or loss,and assumes all responsibility for damage or loss,to such equipment while in its
care,custody,or control. The County and User shall each provide and maintain insurance or self-insurance
coverage of such types and in such amounts as may be deemed necessary by each party, including coverage
for"all risks"of physical damage or loss to such equipment while in its care,custody,or control. The
County and User shall each defend, indemnify and hold the other harmless from all claims,damages,
losses,and expenses arising out of or resulting from the negligent performance of their respective
operations under the Agreement; however,nothing contained herein shall constitute a waiver by either
party of its sovereign immunity or the provisions of Florida Statutes Section 768.2S.
The County shall,to the extent permitted by law, indemnify, save harmless,and defend the User,
IN 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.
Section 6. Discrimination Prohibited. County and Users agree that each will comply with the
pertinent federal and state law,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.
Section 7. Entire Agreement. This Agreement contains the entire agreement between the
parties. No provisions, representatives, warranties,or covenants not included herein has been or shall he
relied upon either party. None of the provisions,terms and conditions contained in this Agreement may he
added to,deleted,modified,superseded or otherwise altered,except by written amendment executed with
the same legal formality for each agency and of equal dignity as taken herewith.
IN WITNESS WHEREOF,the parties have made and executed this Interlocal Agreement on the
respective dates under each signature.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Richard T. Crotty,County Chairman
Date:
ATTEST: Martha O.Ilaynie,Orange County Comptroller
As Clerk of the Board of County Commissioners
By
Deputy Clerk
CITY OF OCOEE
Attest:
By:
By: S. Scott Vandergrift, Mayor
Jean Grafton, City Clerk
Date:
For use and reliance only by Approved by the Ocoee City Commission
the City of Ocoee, Florida; at a regular meeting held
2003
approved as to form and legality as Agenda Item No.
this day of ,2003
Foley& Lardner
By:
City Attorney
Console Lease Breakdown
% of Total
Principal Payment Rate Annual Payment Finance Charge I I Cities Consoles 50 56%
$ 3,749,736 $ 749,947 0.04 $ 899,937 $ 149,989 County's Consoles 39 44%
$ 2,999,789 $ 749,947 _ 0.04 $ 869,939 $ 119,992 89
$ 2,249,842 $ 749,947 0.04 $ 839,941 $ 89,994
$ 1,499,894 $ 749,947 0.04 $ 809,943 $ 59,996
$ 749,947 $ 749,947 0.04 $ 779,945 $ 29.998
Totals $ 3,749,736.00 $ 4,199,704.32 $ 449,968.32
Note: The $1,550,264 system integration and installation costs can't be leased and must be paid upfront.
Integration/installation Cost= $ 1,550,264.00
City's Portion $ 868,147.84
County's Portion $ 682,116.16
Cities Portion County's Portion
Principal Finance Integration Total Principal Finance Integration Total
Year 1 421,319 84,264 868.148 $ 1,373,730 328,629 65,726 682,116 $ 1,076470
Year 2 421.319 67,411 7,476 $ 496,206 328,629 52,581 5,874 $ 387,083
Year3 421,319 50,558 7,476 $ 479,353 328,629 39,435 5,874 $ 373,938
Year4 421,319 33,705 7,476 $ 462,500 328,629 26,290 5,874 $ 360,793
Years 421,319 16,853 7,476 $ 445,647 328,629 13,145 5,874 $ 347,648
2,106,593 252,791 898,052 3,257,436 1,643,143 197,177 705,612 2,545,932
Cost of Requested Consoles i '
Tota A. r,
Agency Request Share of total Co a pffi(Includes finance charges and installation)
Orlando $1,516,315 546% ' � .Z$
Winter Park $477,499 17.2% .' "'1
Winter Garden $236,972 8.5%
Ocoee $272,498 9.8% •:4 51
Maitland $274,993 9 9/o '-0t3
Others $0 0 0/ ;„ ' ',„!t„ I.
Total $2,778,277 $ 3,257,436
Page 1 of 1 Attachment A