Emergency Item - Interlocal Agmnt with Orange County Regarding 800 MHz
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AGENDA ITEM COVER SHEET
Meeting Date: May 15, 2007
Item # Emergency Item
Contact Name:
Contact Number:
Dep. Chief McNeil
2001
Reviewed By:
Department Director:
City Manager:
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Subject: Interlocal Agreement With Orange County Florida Regarding the 800 MHz Re-banding
Reimbursement Process.
Background Summary:
The public safety 800mhz radio system that the City of Ocoee operates on is a county wide system that is
maintained by Orange County. The FCC has dictated that Nextel re-band the entire system nationwide to
prevent interference with Sprint Nextel service. This re-banding is being coordinated through Orange County
and any reasonable costs will be reimbursed by Nextel via Orange County.
Issue:
Should the Mayor and City Commission approve the Interlocal Agreement with Orange County Florida
regarding the 800 MHz Re-banding Reimbursement Process?
Recommendations
Staff recommends the Honorable Mayor and City Commission approve the Interlocal Agreement with Orange
County Florida regarding the 800 MHz Re-banding Reimbursement Process.
Attachments:
Interlocal Agreement
Financial Impact:
This Interlocal Agreement does not create any negative financial impact on the City of Ocoee. All associated
reasonable costs including potential new radio equipment is being funded or reimbursed by Nextel.
Type of Item: (please mark with an 'x')
_ Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
_C
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INTERLOCAL AGREEMENT
between
ORANGE COUNTY, FLORIDA and the TOWNS OF OAKLAND and WINDERMERE
and the CITIES OF EDGEWOOD, OCOEE, MAITLAND, and WINTER GARDEN and
ORANGE COUNTY PUBLIC SCHOOLS, HEALTH CENTRAL PARAMEDICS AND
RURAL METRO
regarding
800 MHz REBANDING REIMBURSEMENT PROCESS
This Agreement is made and entered into by and between Orange County, Florida, a
political subdivision of the State of Florida, (hereinafter referred to as "County") and the City of
Edgewood, City of Maitland, Town of Oakland, City of Ocoee, Town of Windermere, and City
of Winter Garden, which are cities or towns located within Orange County and are municipal
corporations organized and existing under the laws of the State of Florida, and the Orange
County Public Schools, Health Central Paramedics and Rural Metro (hereinafter referred to as
"User" or "Users").
RECIT ALS
WHEREAS, the Federal Communications Commission (FCC) has ordered the relocation
of frequencies used by 800 MHz radio users nationwide due to harmful interference caused by
Sprint/Nextel cellular carriers; and
WHEREAS, SprintlNextel will only coordinate efforts with the 800 MHz licensee
holder; and
WHEREAS, the County is the license holder and supports different agencies listed above
and will assist non-license holders on the County's system recover their rebanding expenses
arranging direct payment from SprintlNextel; and
WHEREAS, County and Users agree to participate in the FCC 800 MHz band
reconfiguration reimbursement process to improve radio services for mobile and portable radios;
and
WHEREAS, parties desire to memorialize the terms and conditions and responsibilities
under which such rebanding reimbursement process will be performed; and
WHEREAS, County owns and maintains a multi-jurisdictional countywide 800 MHz
Radio System, and parties agree that Users will join County to reband the infrastructure of the
County's Radio Program; and
WHEREAS, the purpose of this Agreement is to establish a mutual understanding
between the County and Users as it concerns the rebanding reconfiguration process; and
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WHEREAS, County and Users agree that the parameters for working through the
rebanding process are included in this Agreement.
NOW THEREFORE, in consideration of the covenants and conditions herein and for
other good and valuable consideration, each to the other, receipt of which is hereby
acknowledged by all parties, the parties hereby agree as follows:
Section 1. Preamble Incorporated. The foregoing recitals are true and correct and
are incorporated herein as part of this Agreement.
Section 2. A uthority. All parties have the authority to make recommendations to the
County regarding process improvements for rebanding. Whereas, in the event that there is a
change in the process, the parties herein agree that this Agreement can be amended.
Section 3.
Obligations. The Users agree to the following:
1. To receive reimbursements directly from Sprint/Nextel.
2. To allow the County's review and submission of documents required by
Sprint/Nextel.
3. To provide the necessary documentation as required by Sprint/Nextel for
reasonable expenses associated with rebanding (see Attachment A).
4. To maintain accurate records on the hours spent by staff members on the
rebanding project. (see Attachment B)
5. Not to change this Agreement without written consent from other members listed.
6. To have twenty-five percent (25%) of the reimbursed monies set aside until
Sprint/Nextel completes audit in accordance with Section 5 herein.
7. If a request from a failed audit applies specifically to a User's agency, User shall
pay back the reimbursed monies as directed by the FCC and as agreed to with
SprintlNextel.
8. To fully support the County during SprintlNextel's audits.
9. To indemnify and hold the County harmless during the rebanding process and
SprintlNextel's audits.
10. The County is not responsible for the FCC's process or program changes with the
rebanding project, since this process is dictated by the FCC or its Transition
Administrator (T A).
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Section 4. Term and Termination. Either party may terminate this Agreement
without cause with ninety (90) days written prior notice. Notice shall be in accordance with the
terms of Section 9 herein.
Section 5. Terms and Conditions. The Initial Term of this Agreement shall be two
(2) years. The Agreement shall automatically renew in one (1) year intervals until such time as
all audits are completed, and subject to the terms of Section 4 and 9 herein.
Section 6. Indemnification. To the fullest extent permitted by law, Users shall
indemnify and hold harmless the County from and against all claims, damages, losses and
expenses, including attorney's fees and costs arising out of or resulting from Users' services and
use of Countywide Radio System. Nothing contained herein shall constitute a waiver by the
County or City of its sovereign immunity or the provisions of Section 768.28, Florida Statutes.
Section 7. Entire Agreement. This Agreement contains the entire agreement
between the parties. No premises, representations, warranties or covenants not included herein
has been or shall be relied upon by either party. Any modifications, additions or amendments
hereto must be in writing, signed by the legally authorized representatives of all parties.
Section 8. Public Records. This Agreement shall be a public record of Orange
County, Florida and will be handled in accordance with the Public Records Act, Chapter 119,
Florida Statutes.
Section 9. Notice. Whenever either party desires to give notice to the other, such
notice must be in writing, sent by facsimile, United States mail, or hand delivery 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 provided:
As to County:
Orange County Administrator
201 S. Rosalind Avenue, sth Floor
Orlando, Florida 32801
with a copy to:
Orange County Public Safety Director
201 S. Rosalind A venue, sth Floor
Orlando, Florida 32801
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As to User: Chief of Police
City of Edgewood
5565 South Orange Avenue
Edgewood, FL 32809
As to User: City Manager
City of Maitland
Maitland Municipal Complex
1776 Independence Lane
Maitland, FL 32751
As to User: T own Manager
Town of Oakland
Post Office Box 521
Oakland, FL 34760-0521
As to User: City Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
As to User: Chief of Police
Town of Windermere
620 Main Street
Windermere, FL 34786-1549
As to User: City Manager
City of Winter Garden
251 W. Plant Street
Winter Garden, FL 34787-3099
As to User: Orange County Public Schools
Superintendent
400 W. Amelia
Orlando, FL
As to User: Assistant Director
Health Central Paramedics
2700 Professional Parkway
Ocoee, FL 34761
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As to User:
Division General Manager
Rural Metro Corporation of Florida
4728 Old Winter Garden Road
Orlando, FL 32811
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
first above written.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Richard T. Crotty
Orange County Mayor
Date:
A TTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
USERS
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CITY OF EDGEWOOD
ATTEST:
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City ClerIf'
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Mayor
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TOWN OF OAKLAND
By:
Mayor
Date:
ATTEST:
By:
City Clerk
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ATTEST:
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ATTEST:
By:
Beth Eikenberry, CMC, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM
this day of , 2007
FOLEY & LARDNER, LLP
By:
City Attorney
ATTEST:
By:_
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Date:
CITY OF OCOEE
By:
S. Scott Vandergrift, Mayor
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON ,2007.
UNDER AGENDA ITEM NO.
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Date:
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