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HomeMy WebLinkAboutItem 11 Approval of Memorandum of Understanding for E 911 Systems with Orange County Sheriff’s Office ocoee Florida AGENDA ITEM COVER SHEET Meeting Date: December 3, 2019 Item # If Reviewed By: Contact Name: Deputy Chief S. Plasencia Department Director: Chief B�, n Contact Number: 407-554-7023 City Manager: Robert Frank ,0 .• Subject: Approval of Memorandum of Understanding - E 911 Systems wit •ange County Sheriffs Office Background Summary: House Bill 441, passed by the Florida Legislature this year, requires Orange County Sheriff to enter into Memorandums of Understanding with each agency or governmental entity within the Sheriff's jurisdiction that dispatches first responders. The Memorandum of Understanding confirms that the signing agency is able to transmit directly on each other's communications' system. The Police Department contracts dispatching services from the Winter Garden Police Department. Winter Garden Police Department has the capabilities for the immediate broadcasting of public safety information over primary radio dispatch channels of each first responder within their service area. As such, the Police Department would be exercising Statement Option 3 as detailed in the Memorandum of Understanding's Attachment A. Issue: Should the Honorable Mayor and Board of City Commissioners approve the signing of the Memorandum of Understanding for E 911 Systems with Orange County Sheriff's Office exercising Statement Option 3? Recommendations Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the Memorandum of Understanding for E 911 Systems with Orange County Sheriff's Office with Statement Option 3. Attachments: Memorandum of Understanding Implementation of Florida HB411: E 911 Systems. Financial Impact: There are no new financial impacts to the City of Ocoee. There are no new financial impacts to the City of Ocoee. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby-Collier N/A Reviewed by Finance Dept. ri4rit,Vak.c_AA____ j\r.i N/A Reviewed by 0 N/A 2 MEMORANDUM OF UNDERSTANDING Implementation of Florida IIB 411: E 911 Systems THIS AGREEMENT ("Agreement"), is made by and between the ORANGE COUNTY SHERIFF'S OFFICE (the "Sheriff") and the CITY OF APOPKA on behalf of the Apopka Police Department and Apopka Fire Department,the CITY OF BELLE ISLE,the TOWN OF EATONVILLE, the CITY OF EDGEWOOD, the CITY OF MAITLAND, the TOWN OF OAKLAND, the CITY OF OCOEE on behalf of the Ocoee Police Department, the CITY OF ORLANDO on behalf of the Orlando Police Department and Orlando Fire Department, the UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, the TOWN OF WINDERMERE on behalf of the Windermere Police Department, the CITY OF WINTER GARDEN on behalf of the Winter Garden Police Department and Winter Garden Fire Department, the CITY OF WINTER PARK, ORANGE COUNTY. FLORIDA on behalf of the Orange County Fire Rescue Division, the SCHOOL BOARD OF ORANGE COUNTY. FLORIDA on behalf of Orange County School Police, the GREATER ORLANDO AVIATION AUTHORITY, and the REEDY CREEK IMPROVEMENT DISTRICT on behalf of Reedy Creek Emergency Services (each of which may be individually referred to as "First Responder Agency" or collectively referred to as "First Responder Agencies"). The Sheriff and the First Responder Agencies may be individually referred to as "party" or collectively referred to as "parties." WHEREAS, the parties to this Agreement are all governmental "First Responder Agencies" as defined in section 365.179, F.S. which includes each law enforcement agency, fire service agency, and each emergency medical services provider designated as a primary first responder for a service area within which a 911 public safety answering point ("PSAP") receives 911 calls; and WHEREAS, for the purposes of this Agreement, the relevant service area is that covering the territorial boundaries of Orange County, Florida(the "Service Area"); and WHEREAS, the Sheriff, in collaboration with each First Responder Agency, is required to facilitate the development and execution of written interlocal agreements between all primary First Responder Agencies within the Service Area, and WHEREAS, each agreement must establish written protocols that outline circumstances and public safety emergencies under which a PSAP will directly provide notice by radio of an emergency to the on-duty personnel of a First Responder Agency for which the PSAP does not provide primary dispatch functions; and WHEREAS, each agreement must require the PSAP to have direct radio contact with primary First Responder Agencies and their dispatchers within their respective county, for whom the PSAP can reasonably receive 911 communications,without having to transfer a 911 communication to another PSAP or dispatch center for dispatch. NOW THEREFORE,the parties agree to the establishment the method of complying with this requirement. 1. Term. The term of this Agreement shall commence on the day of 2019, and shall be automatically renewable on a year-to-year basis. 2. Termination. The parties may withdraw from this Agreement upon sixty (60) days prior written notice to all other participants. By executing this Agreement, the parties individually acknowledge that they shall become out of compliance with section 365.179, F.S should they withdraw from, or in any way terminate,this Agreement. 3. Policy. The First Responder Agencies located within Orange County, Florida will: a. facilitate the development and execution of written interlocal agreements between all primary first responder agencies within the county. b. establish written protocols that outline circumstances and public safety emergencies under which a PSAP will directly provide notice by radio of an emergency to the on-duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. c. require the PSAP to have direct radio contact with primary first responder agencies and their dispatchers,for whom the PSAP can reasonably receive 911 communications,without having to transfer a 911 communication to another PSAP or dispatch center for dispatch. 4. Non-PSAP First Responder Agencies. First Responder Agencies within Orange County have a variety of dispatch and service arrangements. The following Parties to this Agreement are First Responder Agencies but are not PSAPs. These agencies receive dispatch and 911 services from other local law enforcement agencies. These Non-PSAP agencies will be parties to this Agreement but will rely on the agencies that provide dispatch and 911 services to them to comply with the requirements of Chp. 365,F.S. These are subject to change based upon the contractual arrangements between the parties and include but are not limited to the following: The agencies listed below certify that — at the time of entering into this Agreement they are providing dispatch and 911 services to the following Orange County first responder agencies: a Winter Garden Police Department provides 911 services to the Ocoee Police Department; b. Winter Garden Police Department provides 911 services to the Windermere Police Department; c. Winter Garden Police Department provides 911 services to Oakland Police Department; 2 of 6 d. Apopka Police Department provides 911 services to the Eatonville Police Department; e. Apopka Police Department provides 911 services to the Maitland Police Department; f. Orange County Sheriffs Office provides 911 services to Belle Isle Police Department; g. Orange County Sheriffs Office provides 911 services to Edgewood Police Department; h. Orange County Fire Rescue provides 911 services to Ocoee Fire Department; i. Orange County Fire Rescue provides 911 services to Maitland Fire Department; and j. Orange County Fire Rescue provides 911 services to Winter Garden; At the time of entering into this Agreement, Orange County Fire Rescue provides first responder services including 911 calls and fire service response to the following local public safety agencies: a. City of Belle Isle; b. Town of Eatonville; c. City of Edgewood; d. City of Oakland; and e. University of Central Florida; Main Campus and I-Drive location. The Orlando Fire Department provides first responder services including dispatch, 911 calls and fire service response to the following local agency; a. University of Central Florida; Lake Nona location and Downtown Orlando location. The Orange County Sheriffs Office provides first responder services for law enforcement response including 911 to the following local agency; a. Reedy Creek At the time of entering into this Agreement, the Ocoee Fire Department provides first responder services for fire service response to the following local public safety agency: a. Town of Windermere. 5. At the time of entering into this Agreement, the School Board of Orange County is provided dispatch, 911 services, and fire services by the First Responding Agency responsible for providing such services for the jurisdiction within which the School Board of Orange County's relevant property is located. 6. Should any information provided in provisions 4 and 5 above change, the First Responder Agencies involved in such change shall notify the Sheriffs Office in writing of such change. Such changes shall not require an amendment to this Agreement. 7. Each PSAP must be capable of immediately broadcasting 911 communications or public safety information over the primary radio dispatch channels of each first responder agency in the county it serves, except in those first responder's service areas where the PSAP cannot reasonably receive 911 calls. 3 of 6 8. Each PSAP shall provide written confirmation to the Sheriff that they are currently able, through their existing technology, to immediately broadcast public safety information over the primary radio dispatch channels of each first responder within the Service Area. If they are not currently able to meet this requirement, they shall provide a detailed explanation of how they intend to comply and the time frame in which they anticipate coming into compliance. These confirmations or explanations of non- conformance shall take the form attached to this Agreement as "Attachment A" and shall, once completed and executed, become attachments to this Agreement. 9. Circumstances and public safety emergencies under which a PSAP will directly provide notice by radio of an emergency to the on-duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. These may include but are not limited to: a. biological, chemical or radiological emergencies that could harm the public's health; b. weather or natural emergencies; c. acts of terrorism; d. mass casualty events including active shooters. 10. If a county or jurisdiction has multiple PSAPs, each PSAP must have this capability. 11. Unless technologically precluded due to radio incompatibility, upon written request from a law enforcement agency head,a law enforcement agency head in the same county or in an adjacent jurisdiction in another county must authorize the requesting agency to install the responding agency's primary dispatch channel or channels in the requesting agency's PSAP, dispatch center, or mobile or portable radios. Any such request shall be in writing and signed by the parties. 12. Each primary first responder agency, PSAP, and dispatch center within each county shall train all applicable personnel regarding the procedures and protocols specified in the interlocal agreements made pursuant to this section. This training shall also include radio functionality and how to readily access the necessary dispatch channels in accordance with the interlocal agreements. The parties to this Agreement shall engage in periodic radio testing and each agency shall coordinate exercises to ensure the system is functioning and all their parties maintain proficiency in their respective roles. 13. Nothing in this Agreement, express or implied, is intended to, or shall confer, upon any person, other than the parties and their respective successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement. 14. Nothing contained in this Agreement shall constitute, or be in any way construed to be, a waiver of sovereign immunity or the protections and provisions of section 768.28, F.S., by any state agency or subdivision, as defined in section 728.28(2), F.S., that is a party to this Agreement. 4 of 6 15. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one agreement. Any counterpart may be delivered by any party by transmission of signature pages to the Sheriff, and delivery shall be effective and complete upon completion of such transmission; manually signed copies of signature pages shall nonetheless be delivered promptly after any such facsimile delivery. 16. Each signatory below represents and warrants that they are duly authorized by their respective party to bind that party to the terms and obligations of this Agreement. 17. This Agreement shall not be amended except in writing and executed by the parties. 18. This Agreement will become effective upon each party on the date of execution by such party and the Sheriff [ SIGNATURE PAGES TO FOLLOW] 5 of 6 ATTACHMENT A Written Confirmation of Conformance (or Explanation of Non-Conformance) First Responder Agency: Ocoee Police Department (Agency Name) Please select and fill out the appropriate statement below. ❑ Statement Option One: The undersigned hereby confirms that the agency on whose behalf they are executing this Agreement is a PSAP and is currently able,through existing technology, to immediately broadcast public safety information over the primary radio dispatch channels of each first responder within the Service Area. ❑ Statement Option Two: The undersigned hereby confirms that the agency on whose behalf they are executing this Agreement is a PSAP and is NOT currently able, through existing technology, to immediately broadcast public safety information over the primary radio dispatch channels of each first responder within the Service Area. The Undersigned shall attach a detailed explanation of how the agency intends to comply and the time frame in which compliance will be completed. X Statement Option Three: The undersigned hereby confirms that the agency on whose behalf they are executing this Agreement is a "First Responder Agency," as provided in s. 365.179(1)(a), F.S but is not a PSAP as provided in s. 365.179(1)(b), F.S. The agency receives 911 and dispatching services through another PSAP which is a party to this Agreement. A 1r Signaturefip Charles J. Brown Print Name Chief Official Title t/Z6-/z.ef Date 6of6 CITY OF OCOEE SIGNATURE PAGE Memorandum of Understanding Implementation of Florida HB 411: E 911 Systems CITY OF OCOEE By: Rusty Johnson, Mayor ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON , 2019 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 20 . SHUFFIELD, LOWMAN& WILSON, P.A. By: City Attorney