HomeMy WebLinkAboutE-911 Dispatch Services 2011 1
1 AGREEMENT
I THIS AGREEMENT, entered into this 1ST day of NoV oytk 2011, by and between the BOARD
OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the
State of Florida, located at 2725 Judge Fran Jamieson Way, Viera, Florida 32940 (hereinafter referred
to as the "County "), the CITY OF CAPE CANAVERAL located at 105 Polk Avenue, Cape Canaveral,
FL 32920 (hereinafter referred to as the "City ") a municipality incorporated under the Laws of Florida,
and the CANAVERAL PORT AUTHORITY located at 445 Challenger Road Cape Canaveral, FL
32920 (hereinafter referred to as the "Port Authority ") a political subdivision of the State of Florida.
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1 WITNESSETH:
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WHEREAS, the City /Port Authority and County desire to enter into this Agreement for the purpose of
the County to provide E911 dispatching services and the City /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 its citizens.
WHEREAS, Brevard County (the "County ") finds that it is in the best interest of the County and the
public health, safety and welfare of its citizens that the County and City /Port Authority share
I emergency response resources; and
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WHEREAS, this Agreement shall be considered an Interlocal Agreement pursuant to the authority of
Section 163.01, Florida Statutes.
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NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the
parties hereto agree as follows:
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SECTION 1. TERM:
This Agreement will be in force and effective upon the approval and signing of said Agreement by each
i elected governing bodies and shall terminate on September 30, 2014.
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l 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.
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2.2 Each party may request to amend this Agreement. Such requests must be placed in writing and
address the reason for the amendment as well as provide proposed amended language. The
amendment must be approved by all respective governing bodies, and recorded with the Clerk of the
Court in the Public Records of Brevard County, Florida.
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1 SECTION 3. SERVICES PROVIDED:
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
provided by both the City /Port Authority and County are done so in a reciprocal manner, there are 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
1 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 provide appropriate annual statistics and reports as requested by the City /Port
Authority. The City /Port Authority will provide to the BCFR Dispatch Center predetermined unit
response assignments for the 1St 2nd and 3 alarm responses as well as all auto -aid agreements
between other emergency service providers and the City /Port Authority. The City /Port Authority is
responsible for any and all equipment and costs necessary to receive voice and data communications
from the dispatch center.
3.3 Unincorporated Area Coverage - The City /Port Authority agree to provide fire protection and
first responder emergency medical services to the unincorporated area identified in Appendix A.
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Emergency response to the unincorporated area (Appendix A) by the City /Port Authority shall be
performed automatically. The County's dispatch center shall dispatch the City /Port Authority based on
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3.4 Automatic Aid - The City /Port Authority and the County hereby agree to provide automatic
aid to each other. Automatic Aid shall be based on a mutually agreed upon (City /Port Authority and
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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
I with the Receiving Party. The process shall be initiated through the BCFR Dispatch Center.
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(a) Automatic Aid Response Area (AARA) — Both the City /Port Authority and the County agree
to participate in a closest unit response mode for all emergency request for service to
I include, but not limited to, first responder medical calls, fire calls and hazardous materials
1 calls. The geographical area in which both the City /Port Authority and the County agree to
provide closest unit response automatic aid, is identified in Appendix B.
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(b) Predefined Unit Response Assignments — The City /Port Authority and the County shall
I mutually agree on predefined unit response assignments for responding to emergency
events within the automatic aid response area (AARA). Closest unit response will be the
single most important consideration in the development of predefined unit response
assignments
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(c) Officer in Charge - While providing automatic aid in the area AARA where an emergency
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I exists, the Responding Party personnel shall be subject to the orders and directions of the
officer in charge of the operations. If an officer for the Receiving Party is not available at
the scene, the highest- ranking officer from the Responding Party will control the scene until
1 its termination or an officer from the Receiving Party arrives and scene control is properly
transferred.
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(d) Service Standard - The Responding Party and Receiving Party shall utilize National Fire
j Protection Standard 1500, as defined in Florida Statute Section 633.821, to ensure that the
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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.
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(e) Notification of Non - response - Should either the City /Port Authority or the County not be
able respond and provide automatic aid to an emergency call within the AARA, the BCFR
Dispatch Center is to be notified immediately.
(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 based on operational
considerations or when the Receiving Party has adequate resources on scene to mitigate
the emergency.
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 shall be delivered to each party's
representative at the following locations:
David Sargeant, Fire Chief Larry L. Collins, Fire Chief /Director
Cape Canaveral Volunteer Fire Department Brevard County Fire Rescue
8970 Columbia Road. 1040 S. Florida Ave.
Cape Canaveral, FL 32920 Rockledge, FL 32955
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J. Stanley Payne, Chief Executive Officer
Canaveral Port Authority
445 Challenger Road Suite 301
Cape Canaveral, FL 32920
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With a copy to
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David L. Greene, City Manager Howard N. Tipton, County Manager
City of Cape Canaveral Brevard County Government Center
2725 Judge Fran Jamieson Wa
105 Polk Avenue 9 Way
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Cape Canaveral, FL 32920 Viera, FL 32940
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I 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
I 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.
1 SECTION 7. AUDITING, RECORDS AND INSPECTION:
7.1 In the performance of this Agreement, the City /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
1 City /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. 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.
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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.
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7.3 All records or documents created by the City /Port Authority or provided to the City /Port Authority
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by the County in connection with the activities or services provided by the County under the terms of
1 this agreement, are public records and the City /Port Authority agrees to comply with any request for
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public records or documents made in accordance 5 with Section 119.07 Florida Statutes.
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7.4 The County or the City /Port Authority will be provided, at no cost, copies of any public records
request made by a third party involving documents related to this agreement. If a request for public
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I records is made by a third party, the County or the City /Port Authority will inform the other of the
request and provide a copy of the public records that were requested by the third party.
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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
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jurisdiction and venue for the action.
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SECTION 9. ATTORNEY'S FEES AND COSTS:
1 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.
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SECTION 10. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held
I by the County 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
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effect, unless amended or modified by mutual consent of the parties.
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j SECTION 11. INDEMNIFICATION /HOLD HARMLESS:
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Each party hereto shall indemnify and hold harmless the other parties, their agents and employees
I 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, where such claim, damage, Toss, or expense is caused in whole or in part by the act
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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
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causes or omits to act, thereby causing claims, damages, bodily injuries (including death), losses, or
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expenses.
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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 or the City /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.
SECTION 12. ASSIGNMENTS:
Neither the City /Port Authority nor the County, its 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 13. 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.
SECTION 14. INTERPRETATION: Both 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
as the drafter hereof.
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IN WITNESS WHEREOF, the parties have executed this Agreement g t the day and year first written
t above.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA
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By /,1/. i; !� By
urie S. Ri'e, Chief Deputy
Clerk Mein L fisher, Chairman
- Brevar•' County Commission
1 STATE OF FLORIDA.
COUNTY OF BREVARI -'
Taus is to ;certify that a ore oi CX� ng + pp roved b A the Board on 1 1' q . ap►
cia true and..curre t.capy o � by
_wigs m.hand
I an -0 icial eal�tMS -.— d 9 of
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MITCK D MAN, Clerk Circuit Court I
"r' T Q . . eviewed for Legal Form and Content ,dk A
ICY 1
_� --- . Assis ant County Attorney
ATTEST: CITY OF CAPE CANAVERAL, FLORIDA
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By C'u74. G 2e'ri By: C.90 - 1.- rt- ice,,, o .
Angela Apperson, City Clerk David L. Greene, City Manager
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ATTEST: CANAVERAL PORT AUTHORITY, FLORIDA
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By �. 2AJ1DI .9 B y ` �_
J. Stanley ' *�
y� e, Chief Executive Officer
Canavera • rt Authority
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APPENDIX A
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•,�`'`" +r Jim Ford CFA
`ii Brevard County Property Appraiser
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North Government Complex Vlera Government Center South Services Complex Palm Bay Service Complex
400 South St, Sth Floor 2725 Judge Fran Jamieson Wy 1515 Sarno Rd 450 Cogan Dr, SE
Titusville, FL 32780 Viera, FL 32940 Melbourne, FL 32935 Palm Bay, FL 32909
Telephone: (321) 264 -6700 Telephone: (321) 690 -6880 Telephone: (321) 255 -4440 Telephone: (321) 952 -4574
Document content intended for assessment purposes only. Not a survey. Map layers niay 1 of precisely align. Other disclaimers apply.
Pnnled Wednesday, August 1/, 2011 at 8:07 /OIL wviwAirevardPiopettyAppraiser.com
http: // map. brevardpropertyappraiser .com /Map2/ 8/17/2011
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APPENDIX B Page l of l
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