HomeMy WebLinkAboutE-911 Dispatch Services 2018 INTERLOCAL AGREEMENT REGARDING AUTOMATIC AID
BETWEEN BREVARD COUNTY, THE CITY OF CAPE CANAVERAL AND
THE CANAVERAL PORT AUTHORITY
THIS AGREEMENT (the "Agreement"), entered into this 23_ day of Oct . ; , 2018, by and
between BREVARD COUNTY, a political subdivision of the State of Florida (hereinafter referred to
as the "County"), the CITY OF CAPE CANAVERAL, a municipality incorporated under the Laws of
Florida (hereinafter referred to as the "City"), and the CANAVERAL PORT AUTHORITY, a political
subdivision of the State of Florida (hereinafter referred to as the "Port Authority").
WITNESSETH:
WHEREAS, the City, Port Authority and County desire to enter into this Agreement for the
purposes of allowing the County, the City, and the Port Authority to share emergency resources,
utilize closest unit response, the County to provide E911 dispatching services, and the City and
Port Authority to provide fire and emergency medical coverage for the County parcel of property
identified in Appendix A, so as to better protect the lives and property of their citizens; and
WHEREAS, the County, the City, and the Port Authority find that it is in their respective best
interests, and that it is in the best interest of the public health, safety and welfare of their citizens,
for the County, City and Port Authority to share emergency response resources; and
WHEREAS, this Agreement is.authorized pursuant to §§ 125.01(1)(p) and 163.01, Florida Statutes,
as an interlocal agreement.
NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the
parties hereto agree as follows:
SECTION 1. TERM:
This Agreement will commence and become effective upon its approval and execution by the
elected governing bodies of the County, City and Port Authority and filing with the Clerk of the Circuit
Court in and for Brevard County, Florida, for three (3) years, and will expire on September 30, 2021.
After the initial term, the Agreement may be automatically renewed for two (2) one (1) year renewal
periods, with an absolute end date of September 30, 2023. Either party may cancel or make
changes to the contract using the terms in Section 2.
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SECTION 2. TERMINATION/AMENDMENT OF AGREEMENT:
2.1 This Agreement may be terminated by each party upon written notice of termination to the
other parties at least forty-five (45) days prior to the date of such termination.
2.2 Each party may request that this Agreement be revised. Such requests must be placed in
writing and address the reason for the amendment as well as provide proposed amended language.
In order to be deemed effective, the amendment must be approved by the respective governing
bodies of the County, City and Port Authority, and filed with the Clerk of the Circuit Court in and for
Brevard County, Florida.
SECTION 3. SERVICES PROVIDED:
Except to the extent provided herein, the County, City and Port Authority agree that they will each
provide primary emergency services within their own jurisdictions.
3.1 Statement of Reciprocity - The City, Port Authority and the County agree to share both
unique and common emergency response resources for the purposes of expeditious and effective
emergency service delivery to City, Port Authority and County citizens alike. In that the services
are provided by the City, Port Authority and County in a mutually beneficial manner, there shall be
no monetary payments to either the City, Port Authority or the County for services identified in this
Agreement.
3.2 E911 Dispatch Services - The County hereby agrees to provide twenty-four (24) hour,
seven days a week, E911 fire and first responder dispatch service to the City/Port Authority.
Services include receiving emergency calls through the Countywide E911 system, processing the
call (EMD or EFD), alerting, radio communication, monitoring units during both emergency and
non-emergency operations, providing access to the Brevard County Fire Rescue (BCFR) computer
aided dispatch (CAD) system and providing appropriate annual statistics and reports as requested
by the City or Port Authority. The City and Port Authority will provide to the BCFR Dispatch Center
predetermined unit response assignments for the 1st, 2nd and 3rd alarm responses as well as all
auto-aid agreements between other emergency service providers and the City/Port Authority. The
City and Port Authority are responsible for any and all equipment and costs necessary to receive
voice and data communications from the BCFR Dispatch Center.
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3.3 Unincorporated Area Coverage - The City and Port Authority agree to provide fire
protection and first responder emergency medical services to the unincorporated area identified in
Appendix A. Emergency response to the unincorporated area (Appendix A) by the City and Port
Authority shall be performed automatically. The County's dispatch center shall dispatch the City
and Port Authority based on pre-defined response assignments. •
3.4 Automatic Aid - To provide the highest level of protection possible within the Response
Area defined herein, the City, Port Authority and County hereby agree to provide Automatic Aid in
a closest unit response mode for all emergency requests for service including, but not limited to,
first responder medical calls, fire calls, and hazardous materials calls. "Automatic Aid" means and
refers to the automatic dispatch of, and response by, an emergency medical services unit and/or
fire suppression units to an emergency within an identified service area without the initiation of a
mutual aid request. Automatic Aid shall be based on a mutually agreed upon (City, Port Authority
and County) predefined process that results in the immediate response of emergency personnel by
the Responding Party to the scene of an emergency in the Receiving Party's jurisdiction on behalf
of, or along with, the Receiving Party, without regard to municipal City or unincorporated County
boundaries. The process shall be initiated through the BCFR Dispatch Center. "Receiving Party"
shall mean and refer to the authority having jurisdiction of the subject emergency location within
the Response Area that is receiving automatic aid pursuant to this Agreement. "Responding Party"
shall mean and refer to the authority responding to the request for automatic aid pursuant to this
Agreement.
(a) Automatic Aid Response Area—The geographical area, in which the City, Port Authority
and the County agree to provide closest unit response Automatic Aid, is identified in
Appendix B, incorporated herein by reference, which area shall be referred to as the
Automatic Aid Response Area (or the "Response Area") and shall consist of the
identified municipal areas and unincorporated areas.
(b) Predefined Unit Response Assignments — The City, Port Authority and the County shall
mutually agree on predefined unit response assignments for responding to emergency
events within the Automatic Aid Response Area. Closest unit response will be the single
most important consideration in the development of predefined unit response
assignments. The term "closest unit" shall mean all closest units, including but not limited
to, fire engine, pumper, rescue unit, ladder truck, tower, squad, battalion/supervisor unit,
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or other support vehicles, to the emergency at hand regardless of jurisdiction. Response
by fire, rescue, and other support units will be the closest units of appropriate type to
provide the response to the emergency incident, and will be dispatched in accordance
with established fire and EMS protocols as mutually agreed upon by the fire chiefs of the
County, the City, and the Port Authority, and as may be otherwise required by law. ,
Communications procedures and protocols between the County, the City, and the Port
Authority will be continually monitored and reviewed by the fire chiefs and dispatch
center directors. Policy and/or operational procedures will be regularly updated in order
to promote operational efficiencies.
(c) Officer in Charge - It is further agreed that the first arriving unit will establish incident
command and manage the incident in accordance with established procedures until the
earlier of mitigation of the incident, or upon scene control being transferred to an officer
having authority within the jurisdiction where the incident occurred. The first arriving
command officer, whether County, City, or Port Authority, will function as the incident
commander. In the case where the first arriving command officer is not of the authority
having jurisdiction for the area, incident command shall be transferred to the command
officer of the authority having jurisdiction upon the arrival of such command officer. While
providing automatic aid in the Response Area where an emergency exists, the
Responding Party personnel shall be subject to the orders and directions of the officer in
charge of the operations.
(d) Service Standard - The Responding Party and Receiving Party shall utilize National Fire
• Protection Standard 1500, as defined in Florida Statute Section 633.508, to ensure that
the Incident Command System, the Personnel Accountability System and the 2 in/2 out
standards are adhered to. Failure to comply with this service standard may be deemed
to be a breach of this Agreement and cause for immediate termination, notwithstanding
the notice provision set forth in Section 2.
(e) Communication and Notification of Non-response - Should either the City, Port Authority
or the County not be able to respond and provide automatic aid in response to an
emergency call within the Response Area, the declining party shall immediately notify
the BCFR Dispatch Center.
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(f) Release of Responding Party — The Responding Party will be released from an
automatic aid request by the Receiving Party as soon as is appropriate either based
upon operational considerations or when the Receiving Party has adequate resources
on scene to mitigate the emergency, as determined by the officer in charge of the scene.
The authority having jurisdiction will be responsible for conducting any fire investigation.
SECTION 4. PAYMENT:
There shall be no payment to either the City, Port Authority or the County for services identified in
this Agreement.
SECTION 5. ADDITIONAL EQUIPMENT:
No additional equipment is contemplated by the City/Port Authority or the County for services
identified in this Agreement.
SECTION 6. NOTIFICATION:
Any required notice to be provided by a party to this Agreement, other than an emergency call and
dispatch, shall be delivered to each party's representative at the following locations:
Fire Chief BCFR Fire Chief
Cape Canaveral Volunteer Fire Department Brevard County Fire Rescue
8970 Columbia Road 1040 S. Florida Avenue
Cape Canaveral, FL 32920 Rockledge, FL 32955
Chief Executive Officer
Canaveral Port Authority
445 Challenger Road Suite 301
Cape Canaveral, FL 32920
With a copy to:
Cape Canaveral City Manager Brevard County Manager
City of Cape Canaveral Brevard County Government Center
105 Polk Avenue 2725 Judge Fran Jamieson Way
Cape Canaveral, FL 32920 Viera, FL 32940
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Any notice to be sent to the County or the City/Port Authority under the provisions of this Agreement
shall be deemed to have been properly sent when personally delivered or mailed, postage prepaid,
first class U.S. mail, or by nationally recognized overnight courier to the last known address of the
said City/Port Authority or the County with appropriate copies as set forth above. A mailing is
deemed received at the time of hand delivery or five (5) days after mailing. Each party hereto may
unilaterally change the person to whom a mailing is to be sent to or the address of said person by
giving notice to the other parties as provided for herein.
SECTION 7. AUDITING, RECORDS AND INSPECTION:
7.1 In the performance of this Agreement, the City and Port Authority shall keep books, records,
and accounts of all activities, related to the Agreement, in compliance with generally accepted
accounting procedures, as adopted by the Department of Financial Services, as set forth in Rule 691-
61.0012, Florida Administrative Code, as amended or superceded from time to time, or the Auditor
General. Books, records, and accounts related to the performance of this Agreement shall be open
to inspection during regular business hours by an authorized representative of the office and shall be
retained by the City or Port Authority for a period of three (3) years after termination of this
Agreement for accounting related records and for other public records, five (5) years after
termination of this Agreement, unless otherwise required by law to be held for a longer period of
time. All books, records, and accounts related to the performance of this Agreement shall be subject
to the applicable provisions of Chapter 119, Section 401.30, Florida Statutes.
7.2 No reports, data, programs or other materials produced, in whole or in part for the benefit and
use of the County, under this Agreement shall be subject to copyright by the City/Port Authority in
the United States or any other country.
7.3 The County, City and Port Authority agree to comply promptly with any request for public
records or documents made in accordance with Section 119.07, Florida Statutes.
7.4 Upon a request 'for public records related to this Agreement,. the County, City, or Port
Authority, as the case may be, will inform promptly the other party of the request and, upon request
of the other party, provide electronic copies of the responsive public records provided, at no
additional cost to the County, City, or Port Authority as the case may be:
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SECTION 8. JURISDICTION, VENUE AND CHOICE OF LAW:
All questions pertaining to the validity and interpretations of this Agreement shall be determined in
accordance with the laws of the State of Florida. Any legal action by any party against the other
concerning this Agreement shall be filed in Brevard County, Florida, which shall be deemed proper
jurisdiction and venue for the action, and any trial shall be nonjury.
SECTION 9. ATTORNEY'S FEES AND COSTS:
In the event of any litigation between the parties arising out of this Agreement, each party will bear
its own attorney's fees and costs. Both parties agree to waiver of any right to trial by jury.
SECTION 10. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason
deemed to be unconstitutional, inoperative, or void, such holding will not affect the remainder of
this Agreement. The remainder of this Agreement shall be effective and shall remain in full force
and effect, unless amended or modified by mutual consent of the parties.
SECTION 11. INDEMNIFICATION/HOLD HARMLESS:
To the extent permitted by law and subject to the limitations contained in Section 768.28, Florida
Statutes, each party hereto shall indemnify and hold harmless the other parties, their agents and
employees from and against any and all claims, damages, losses, bodily injuries (including death),
and expenses, including attorney's fees, arising out of or resulting from any services provided
pursuant to this Agreement, but only to the extent such claim, damage, loss, or expense is caused
in whole or in part by the act or omission of the indemnifying party, or anyone directly or indirectly
employed by the indemnifying party, or anyone for whose acts any of them may be liable. No party
hereto shall be required to indemnify or hold harmless another party to the extent the other party is
negligent or intentionally causes or omits to act, thereby causing claims, damages, bodily injuries
(including death), losses, or expenses.
In agreeing to this provision, no party hereto intends to waive any defense of sovereign immunity, or
limits on damage to which it may be entitled under Section 768.28, Florida Statutes or otherwise
provided by law. Nothing herein shall be construed as consent by the County, City, or Port Authority
to be sued by third parties in any matter arising out of any contract. The parties acknowledge that
specific consideration has been exchanged for this provision.
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SECTION 12. INDEPENDENT CONTRACTORS:
The County, City, and Port Authority are each Independent Contractors of one another. It is
specifically understood and agreed to by and between the parties hereto that a material provision
in this Agreement is that the relationship between the County, City, and Port Authority is one in
which each party and its employees are independent contractors of the other party, and not as
agents, employees, joint venturers, or other partners and neither are entitled to any benefits of the
other party. Nothing contained herein shall be construed to be \inconsistent with this relationship or
status.
SECTION 13. LIABILITY FOR EMPLOYEES/AGENTS:
Each jurisdiction shall bear responsibility for any injury or loss caused by its agents,
representatives, officials, employees or volunteers (hereinafter "agents") while such agents are
acting outside their jurisdiction. In no event shall either party's liability for damages exceed the
monetary limits, or the type of damages recoverable, under section 768.28, Florida Statutes, as
that section may be amended from time to time.
SECTION 14. ASSIGNMENTS:
Neither the City, Port Authority, nor the County, their assigns or representatives, shall enter into any
agreement with third parties to delegate any or all of the rights and responsibilities herein set forth
without the prior written approval of the other parties.
SECTION 15. ENTIRE AGREEMENT: This Agreement, including exhibits, riders, and/or addenda,
if any, attached hereto, sets forth the entire Agreement between the parties. ,This Agreement shall
not be modified except in writing and executed by all parties, except that the fire chiefs of the County
and the City are authorized to mutually agree in writing. to predefined unit response assignments as
set forth in Section 3.3(b).
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SECTION 16. INTERPRETATION: The City, Port Authority, and the County have had the
opportunity to consult with legal counsel and to participate in the drafting of this Agreement.
Consequently, this Agreement shall not be more strictly or more harshly construed against any
party.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
(WITA)V\ik
By: ià '
. ` By:
Scott Ellis, Clerk Rita Pritchett, Chair
Brevard County Commission
Approved by the Board on: 23/18
Reviewed for Legal Form and Content
Assistant County Attorney
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
4 / ,
By: ` . ,_: By: / 7
City Clerk M - Goforth City Manager David L. Greene
ATTEST: CANAVERAL PORT AUTHORITY, FLORIDA
Bv: ;;a-44,-7kl / B
C 3'e l 1e •ff'icer
Canav ral Port Authority
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APPENDIX A
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Telephone:(321)264-6700 Telephone:(321)690-6880 Telephone:(321)255-4440
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APPENDIX B
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