HomeMy WebLinkAboutItem #03 2011-2014 Fire Dispatch Services Interlocal Agreement between Orange County and City of Ocoee oe Center of Good L1k
AGENDA ITEM COVER SHEET
Meeting Date: October 4, 2011
Item # 3
Reviewed By:
Contact Name: Fire Chief Pete McNeil Department Director: Pet± -.i
Contact Number: 407 - 905 -3140 City Manager: Robert Fr
Subject: 2011 -2014 Fire Dispatch Services Interlocal Agreement between Orange County and the City of Ocoee
Background Summary:
The City of Ocoee entered into an Interlocal Agreement for Fire Dispatch Services with Orange County in April
2004. Since then the original four fiscal -year agreement has been renewed three times. These renewals were
done in the form of two one -year agreements and one two -year agreement. The Ocoee Fire Department
continues to receive superior dispatch services from Orange County and would like to continue the same by
entering into the proposed three -year Interlocal Agreement.
Issue:
The existing two -year Interlocal Agreement for Fire Dispatch Services between Orange County, Florida and City
of Ocoee, Florida expired on September 30, 2011. However, as indicated in the attached September 26, 2011
letter from Orange County Fire Rescue Division Chief Marc Neumann, Orange County will continue to provide
fire dispatch services while the new Interlocal Agreement is going through the approval process. The Ocoee
Fire Department is requesting City Commission approval to enter into a new three -year Interlocal Agreement for
Fire Dispatch Services between Orange County, Florida and City of Ocoee, Florida for the term of October 1,
2011 to September 30, 2014.
Recommendations:
Staff recommends the City Commission approve the Interlocal Agreement for Fire Dispatch Services between
Orange County, Florida and City of Ocoee, Florida for the term of October 1, 2011 to September 30, 2014.
Attachments:
• September 26, 2011 Agreement Cover Letter from Orange County Fire Rescue Department
• Interlocal Agreement for Fire Dispatch Services between Orange County, FL and City of Ocoee, FL
Financial Impact:
The approval of this Interlocal Agreement has a potential $8,960 cost savings for the FY12 -13 budget. This
agreement contains an estimated cost for FY11 -12 (to be paid in Oct. 2012) of $155,805. That amount is
$8,960 less that the current invoiced amount of $164,765 which will be paid in October of this year. These
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savings are a direct result of Florida Retirement System changes requiring employees to contribute 3% into
their pension plan, thus reducing Orange County's benefits cost per employed Dispatcher.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. —../J��`�I N/A
Reviewed by N/A
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INTERLOCAL AGREEMENT FOR FIRE DISPATCH SERVICES
Between
ORANGE COUNTY, FLORIDA
And
CITY OF OCOEE, FLORDA
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, FLORIDA a
municipal corporation organized and existing under the laws of the State of Florida ( "City ").
WITNESSETH:
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 modern 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 1. 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, 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 (AVL) system.
g. Provide automatic notification to chief officers of the City fire department using Computer Aided
Dispatch (CAD) system paging program.
h. Prepare up to six 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 audio files as needed or requested.
k. Appoint a designated liaison to work with the City on dispatch issues.
1. 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 six 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. Supplemental /Optional 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. New 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 AVL 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).
f. Purchase of mobile and portable radios for use by City units.
Section 5. Term of Agreement and Termination.
This is a three -year Agreement for the provision of dispatch service, commencing with the start of the fiscal
year on October 1, 2011 and terminating with the completion of the fiscal year ending September 30, 2014.
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 Termination Notice Must be Sent
beginning: No Later Than:
October 1, 2012 January 31, 2012
October 1, 2013 January 31, 2013
Section 6. Compensation.
For Fiscal Year One of this Agreement (10/01/2011 — 9/30/2012), the City shall pay the County a sum
estimated to be $ 155,805 as compensation for the Standard Services listed in Section 2 of this Agreement.
The cost allocation for the remaining two (2) years 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 1st 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 limits 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 contract cost for eight (8) dispatcher positions used
in previous agreements for dispatch service. Each dispatcher position is currently allocated a cost of $53,475.
Total cost allocations for all currently Participating Cities are set at a cost not to exceed $ 427,802 in year 1
of the agreement. These costs will be lowered if additional Participating Cities sign dispatch service agreements.
In years 2 and 3 of the Agreement the cost for Dispatch Services will be adjusted to match any cost changes
in dispatcher salaries. The cost adjustment will be effective upon contract renewal on October 1s of years 2 and 3.
Fiscal Year 1 Dispatcher Cost $ 53,475
Fiscal Year 2 Dispatcher Cost TBD
Fiscal Year 3 Dispatcher Cost TBD
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 twenty thousand (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 1st 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.
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 1. 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.
Step 2. 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.
Step 3. 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.
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. Any one 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
thereof.
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 (1) day after depositing with Federal Express or other
overnight delivery service from which a receipt may be obtained, and addressed as follows:
Orange County: Deputy County Administrator
Linda Weinberg
201 South Rosalind Avenue
Post Office Box 38
Orlando, Florida 32802
Telephone: 407-836-7370
Facsimile: 407-836-7395
Copy to: Carl Plaugher, Fire Chief
Fire Rescue Department
6590 Amory Court
P.O. Box 5879
Winter Park, Florida 32793
Telephone: 407-836-9112
Facsimile: 407 -836 -9128
City: Ocoee City Manager
Robert Frank
150 North Lakeshore Drive
Ocoee, FL 34761
Telephone: 407 - 905 -3100
Facsimile: 407 - 656 -5725
Copy to: Pete McNeil
Ocoee Fire Chief
563 South Bluford Avenue
Ocoee, FL 34761
Telephone: 407 - 905 -3140
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 of any 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 supersedes 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, 2011.
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:
Teresa Jacobs, Mayor
Attest: Martha Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
Date: , 2011
CITY:
CITY OF OCOEE, FLORIDA
By:
S. Scott Vandergrift, Mayor
ATTEST:
By:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON ,2011
LEGALITY this day of UNDER AGENDA ITEM NO.
2011.
By:
City Attorney
Foley & Lardner LLP
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 1st 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 of 20XX, all calls for service that occurred in the previous calendar year 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.
$ 427,802 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 20XX Call Volumes with Arrival Times
Ocoee, Winter Garden, Maitland
City Calls for Service % of Calls Salary Allocation
Maitland 2,192 21.86% $ 93,518
Eatonville* 734 7.32% $ 31,315
Ocoee 3,467 34.57% $147,891
Windermere ** 185 1.85% $ 7,914
Winter Garden 3,450 34.40% $147,164
TOTAL 10,028 100% $ 427,802
Dispatcher Salary + Fringe is set at $53,475
(Includes: base salary, shift differential, FICA, Florida State Retirement system contribution,
and Orange County Health Insurance).
$ 53,475 x 8 dispatcher positions equals $ 427,802
* City of Eatonville dispatch services costs are billed to the City of Maitland
* *City of Windermere dispatch services costs are billed to the City of Ocoee