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HomeMy WebLinkAboutItem #05 Approval of Interlocal Agreement for Fire Dispatch Services Meeting Date: October 6, 2009 Item # ~ Contact Name: Contact Number: Richard Firstner 407 -905-3126 Reviewed By: Department Director: Richard Firstner City Manager: Robert Frank 7#J:k --.. Subject: Interlocal Agreement for Fire Dispatch Services Background Summary: This Interlocal Agreement for Dispatch Services between the City of Ocoee and Orange County will go into effect on October 1, 2009 and will provide dispatch services for the fiscal years October 1, 2009 through September 30, 2011. This new agreement will continue the services provided under the existing Interlocal Agreement for Fire Dispatch Services which expires on September 30th of this year. Issue: This Interlocal Agreement is a continuation of the existing agreement for dispatch services, with the exception of extending the length of the agreement for three (3) years, with no increase in cost, except the adjustment for the number of calls attributed to the City of Ocoee. Recommendations Staff recommends the City Commission approve the Interlocal Agreement for Dispatch Services for the next three years for the annual cost of $161,554. Attachments: 4 copies of the Interlocal Agreement for signature Financial Impact: The annual reoccurring cost of the contract will be $161,554 with adjustments to the percentage of emergency calls for the City of Ocoee. Type of Item: (please mark with an "x'J Public Hearing Ordinance First Reading _ Ordinance Second Reading Resolution Commission Approval Discussion & Direction 1 Original DocumenUContract Attached for Execution by City Clerk _ Original DocumenUContract Held by Department for Execution For Clerk's DeDt Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 ~/(j<ff- N/A N/A N/A City Manager Robert Frank Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Joel Keller, District 4 Mayor S. Scott Vandergrift ST AFF REPORT FROM: The Honorable Mayor and City Commissioners Richard Firstner, Fire Chief ((fj) TO: DATE: October 6, 2009 RE: 2009 - 2011 Interlocal Agreement for Dispatch Services ISSUE This Interlocal Agreement is a continuation of the existing agreement for dispatch services, with the exception of extending the length of the agreement for three (3) years, with no increase in cost, except the adjustment for the number of calls attributed to the City of Ocoee. BACKGROUNDIDISCUSSION This Interlocal Agreement for Dispatch Services between the City of Ocoee and Orange County will go into effect on October 1, 2009 and will provide dispatch services for the fiscal years October 1, 2009 through September 30, 2011. This new agreement will continue the services provided under the existing Interlocal Agreement for Fire Dispatch Services which expires on September 30th of this year. The annual reoccurring cost of the contract will be $161,554 with adjustments to the percentage of emergency calls for the City of Ocoee. INTERLOCAL AGREEMENT FOR FIRE DISPATCH SERVICES between ORANGE COUNTY, FLORIDA and CITY OF OCOEE THIS AGREEMENT is made and entered into, by and between ORANGE COUNTY, FLORIDA a charter county and political subdivision of the State of Florida ("County") and the CITY OF OCOEE, a municipal corporation organized and existing under the laws of the State of Florida ("City"). WIT N E SSE T H: WHEREAS, both the County and City provide fire and rescue services from fixed facilities which are geographically located to provide rapid response in case of emergency; and WHEREAS, the County currently operates and maintains a modem emergency communications facility capable of receiving and dispatching fire and rescue units within City; and WHEREAS, the parties hereto recognize that it is desirable to enter into this Agreement to provide superior fire communications services for the benefit of both agencies, more particularly described herein; and WHEREAS, this Agreement is for the benefit of the general public and is authorized by and entered into pursuant to law. NOW THEREFORE, in consideration of the mutual promises, terms and conditions contained herein and other good and valuable consideration, it is agreed by and between the County and City as follows: Section I. Purpose and Intent of the Agreement. The purpose and intent of this Agreement is to outline the delivery of fire and rescue dispatch services through a coordinated system. More specifically, this Agreement outlines specific services and costs related to the provision of emergency communications between the County and City. Section 2. Standard Services. The County agrees to provide the following services to City: a. Answer 911 calls transferred from the City or third party for fire and Emergency Medical Service (EMS). b. Provide Emergency Medical Dispatch (EMD) pre-arrival medical instructions to callers needing aid, as well as categorizing EMS calls into nationally recognized severity levels. c. Receive and process incoming ten-digit telephone calls for emergency service, including notifications for automatic fire alarms and joint response, automatic aid, and mutual aid. d. Provide dispatch alerting function to City fire department utilizing County fire station alerting system. e. Provide differential response patterns for the City, allowing the City to dictate the number and type of emergency units that should be deployed on each type of emergency call in their City or jurisdiction to which they provide service. f. Allow the City to utilize the County Mobile Data Computer (MDC) system and Automatic Vehicle Location (A VL) system. g. Provide automatic notification to chief officers of the City fire department using Computer Aided Dispatch (CAD) system paging program. h. Prepare statistical reports on service delivery and performance for City units. i. Provide Monthly Data export of all activity involving City fire units. j. Provide copies of records and audiotapes as needed or requested. k. Appoint a designated liaison to work with the City on dispatch issues. I. Supervise all 911 functions, call taker and dispatcher assignments. m. Provide comprehensive quality assurance function of all aspects of the dispatch system. n. Attend regular meetings with the City to share information and provide feedback on dispatch services. o. Provide up to four automated statistical reports customized for the City p. Provide one Mobile Data Computer (MDC) license and associated maintenance cost for each front run emergency response vehicle which is coded to be dispatched by the CAD system. q. Provide 24 hour support of County approved Fire Station Alerting system hardware and associated components. Section 3. SupplementaUOptional Services. The City may elect, at any time during this Agreement, to purchase those supplemental services from the County that are listed in Attachment "A". Services purchased under Attachment "A" are considered "services" and the County shall purchase and retain custody of all actual equipment and devices used to provide the service. Upon termination of this Agreement, the City shall not be entitled to any of the equipment or devices purchased by the County, unless otherwise negotiated and documented in the associated Memorandum Of Understanding (MOU). Section 4. Services Not Covered or Provided. City agrees that the following services and fees are the responsibility of the City, except for any supplemental services purchased pursuant to Section 3 of this Agreement. a. Purchase of Fire Station Alerting equipment in each City fire station. b. Payment for dedicated dispatch circuit linking County dispatch center to each City fire station, for the purpose of installing a station alert printer or station mobile computer terminal, if desired. c. Lease cost for pagers and/or wireless phone devices to be carried by City fire and rescue personnel, which are coded to receive automatic alerts from the County CAD system. d. Purchase of MDC and A VL in-vehicle equipment and leased airtime. e. MDC software license and maintenance costs for City units (other than those which are provided in Section 2 of this agreement). r. Purchase of mobile and portable radios for use by City units. Section 5. Term of Agreement and Termination. This is a two-year Agreement for the provision of dispatch service, commencing with the start of the fiscal year on October 1, 2009 and terminating with the completion of the fiscal year ending September 30, 2011. Either entity may elect to terminate this Agreement, with or without cause, by giving written notice to the other party using the timeframes identified below: To Terminate Agreement in Fiscal Year beginning: October 1,2010 Termination Notice Must be Sent No Later Than: January 31, 2010 Section 6. Compensation. For Fiscal Year One of this Agreement (10/01/09 - 9/30/10), the City shall pay the County a sum estimated to be $161,554.00 as compensation for the Standard Services listed in Section 2 of this Agreement. The cost allocation for the remaining year of this Agreement shall be determined using the formula listed in Section 7. Any additional services purchased under Section 3 of this Agreement will be added to the cost allocated to City. The County shall invoice the City on October 1 st of each year for all dispatch services and optional services rendered during the contractual period of the prior fiscal year. City shall make payment within thirty (30) days of receipt of invoice or be subject to interest provided for under the Florida Prompt Payment Act. Section 7. Standard Services Cost Formula. The following formula shall be used to calculate the costs for services identified in Section 2 of this Agreement. The formula for cost allocation shall be as follows: In January, the County shall total the number of calls for service occurring in the prior calendar year for all cities receiving fire dispatch services from the County through an interlocal agreement (hereinafter defined as "Participating Cities"). A "call for service" is defined as an emergency or non-emergency request for fire or EMS response within the municipal Ii mits of a city (or other jurisdiction to which the City provides service) which results in at least one fire, rescue, or EMS unit arriving on the scene of the incident. The County shall calculate the percentage of municipal calls for all Participating Cities and apply that percentage to the cost for dispatcher salaries. For example, if City "A" had forty percent of the calls for service among all Participating Cities, then City "A" would pay forty percent of the dispatcher salaries. The dispatch system base cost shall be set in this Agreement to represent the current contract cost for eight (8) dispatcher positions used in previous agreements for dispatch service. Each dispatcher position is allocated a cost of $56,551. This formula would be recalculated to acknowledge the addition of other Participating Cities. Eight dispatcher positions shall be considered adequate staffing until the combined calls for service level in all Participating Cities exceeds 20,000 alarms. In this event, four additional dispatcher positions will be added for each increment of ten thousand calls for service being handled by the County on behalf of the Participating Cities. All employees hired under this Agreement are employees of the County and it is not the intent of this Agreement to differentiate between employees assigned to perform County functions versus City functions. Final cost calculations for the services are determined in January of each year to coincide with the City's budget planning process. The actual invoice for dispatch service will be sent on October 1 of the following fiscal year in which service was rendered during the contractual period. Attachment "B" shows an example of how costs are allocated using this formula. Total cost allocations for all currently Participating Cities are set at a cost not to exceed $ 452,405. These costs will be lowered if additional Participating Cities sign dispatch service agreements. Section 8. User Advisory Committee. A User Advisory Committee shall be formed, which will include a designated representative from County, Participating Cities, and those other entities that receive dispatch services from the County. This committee shall make recommendations regarding policy and operational procedures, as well as recommending standards of service and performance goals. The User Advisory Committee shall meet bi-annually, or upon the request of any member. Section 9. Conflict Resolution. The County intends to work closely with City to resolve any dispatch issues or service performance conflicts, which may arise out of this Agreement. Formal conflict resolution shall use the following procedure: Step 3. City's designated liaison shall discuss the issue with the County's Fire Communications designee, who shall provide a written response within three (3) business days. If City is not satisfied with the response, the City may appeal the decision, within five (5) business days of receipt of the response, to the County's Division Chief of Fire Communications who shall provide a written response within three (3) business days. If City is not satisfied with the decision of the Division Chief of Fire Communications, City may appeal within five (5) business days of receipt of the response, to the County Fire Chief who shall provide a written response in five (5) business days. The decision of the County Fire Chief shall be considered final. Step I. Step 2. Failure to adhere to the time period for appeal shall constitute waiver of any right to appeal. Section 10. Implementation Plan. Staff from County Fire Rescue and City Fire Rescue will negotiate and implement specific operational procedures and policies unique to City's operations. Section 11. Amendments and Waivers. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by an amendment in writing duly executed by the parties hereto. No failure by the parties to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or a future breach of any other covenant, agreement, term or condition. Anyone the parties hereto, by notice, may waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation, covenant or breach of any other party hereto. No waiver shall affect or alter this Agreement but every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent duty, obligation, covenant or breach the reo f. Section 12. Notices. Any notice which may be permitted or required hereunder shall be in writing and shall be deemed to have been duly given as of the date and time the same are personally delivered, transmitted electronically (i.e. facsimile device) or within three (3) days after depositing with the United States Postal Service, postage prepaid by registered or certified mail, return receipt requested, or within one (I) day after depositing with Federal Express or other overnight delivery service from which a receipt may be obtained, and addressed as follows: Copy to: County Administrator 201 South Rosalind A venue Post Office Box 38 Orlando, Florida 32802 Telephone: 407-836-7370 Facsimile: 407-836-7395 Chief Carl Plaugher Fire Rescue Department 6590 Amory Court P.O. Box 5879 Winter Park, Florida 32793 Telephone: 407-836-9112 Facsimile: 407-836-9128 Robert Frank Orange County: City: City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 Telephone: 407-905-3100 Facsimile: 407-656-5725 Copy to: Richard Firstner Ocoee Fire Chief 563 South Bluford Aveneue Ocoee, Fl. 34761 Telephone: 407-905-3126 Facsimile: 407-905-3129 Section 13. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. No right, remedy, cause of action or claim shall accrue by reason hereof to or for the benefit ofany third party who is not one of the parties executing this Agreement. Section 14. Assignment of Interest. This Agreement may not be assigned, in whole or in part, by any of the parties hereto without the express written consent of the other party. Section 15. Severability. This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. Section 16. Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto, and no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. This Agreement supercedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Section 17. Recordation. The parties agree that this Agreement shall not be recorded in the official records of Orange County, Florida, or the public records of any other county in the State of Florida. Section 18. Individual Liability. All covenants, stipulations, obligations and agreements of the parties hereto contained herein shall be deemed to be those of such party to the full extent authorized by the Constitution and the laws of the State of Florida. No covenant, stipulation, obligation or agreement contained herein shall be deemed that of any member, agent or employee of such party in his or her individual capacity, and no member, agent or employee of any party shall be personally liable hereunder or subject to any personal liability or accountability by reason hereof. Section 19. Captions and Headings. Captions and headings at the beginning of articles and paragraphs are for convenience only and do not add to nor subtract from the meaning of each article and paragraph. Section 20. Construction of Agreement. This Agreement is the result of mutual negotiations between the parties hereto and all parties have contributed substantially and materially to the preparations hereof. Accordingly. this Agreement shall not be construed more strictly against either party. Section 21. Attorneys' Fees. In the event of any dispute hereunder or of any action to interpret or enforce this Agreement, any provision hereof or any matter arising here from, each party shall be responsible for their own attorneys' fees and costs. Section 22. Effective Date. This Agreement shall be deemed effective on October 1,2009. IN WITNESS WHEREOF, the parties hereto have executed and delivered this instrument on the date indicated below. COUNTY: ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: RICHARD T. CROTTY, Chairman Attest: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: ,2009 CITY: CITY OF OCOEE Bv: S. Scott Vandergrift, Mayor ATTEST: Bv: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE. FLORIDA: APPROVED AS TO FORM AND LEGALITY this day of .2009 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON .2009 UNDER AGENDA ITEM NO. FOLEY & LARDNER Bv: City Attornev Attachment "A" The following supplemental/optional services are provided by the County and may be purchased by City at any time during the term of this agreement. These additional costs will be added to the cost of services identified in Section 2 and will be billed to the City October 1 st the following fiscal year for all supplemental/optional services rendered during the contractual period. 1. Mobile Data Computer hardware 2. Mobile Data Computer CAD software license 3. Mobile Data Computer maintenance/replacement 4. Mobile Data Computer airtime Cost for these services shall be the negotiated by County and City staff and shall reflect the actual or prorated cost of the equipment or service being provided plus an administrative fee to cover the cost of coordinating the service. The County will provide an itemized invoice to the City to fully document the services requested and provided in accordance with the mutually agreed upon cost. Attachment "B" This attachment is for the purpose of providing an example of how the cost allocation formula listed in Section 7 of this Agreement is calculated. The example below demonstrates how costs were assigned in this Agreement. In January of2009, all calls for service that occurred in calendar year 2008 were totaled for each City including any additional jurisdiction to which the City provides service. The County then determined what percentage of calls each City handled compared to all cities receiving County dispatch service. $452,405 represents the cost for eight dispatcher salaries. That dollar value is then allocated back to each City using their assigned percentage. Eight dispatcher positions are needed based on national standards for fire service communications. Calls For Service & Cost Allocation Calendar Year 2008 Call Volumes with Arrival Times Ocoee, Winter Garden, Maitland City Calls for Service Ocoee/Windemere 3,411 Maitland/Eatonville 2,777 Winter Garden 3,364 TOTAL 9,552 0/0 of Calls Salary Allocation 35.71% $161,554 29.07% $131,514 35.22% $ 159,337 100% $ 452,405 Dispatcher Salary + Fringe is set at $56,551 (Includes: base salary, EMT incentive pay, Shift Differential, FICA, Florida State Retirement system contribution, and County Health Insurance). $56,551 x 8 dispatcher positions equals $452,405. There will be no adjustment made for dispatcher salary costs in Year 2 of the Agreement.