HomeMy WebLinkAboutE-911 Dispatching Services Agreement 2014THIS AGREEMENT (the "Agreement"), entered into this day of 0� ., 2014, by and
between Brevard County , a political subdivision of the State of Florida (hereinafter referred to as the
"County"), and the Cape Canaveral Volunteer Fire Department, Inc. (hereinafter referred to as the
WHEREAS, the CCVFD and County desire to enter into this Agreement for the purposes of allowing
the County and the CCVFD to share emergency resources, the County to provide E911 dispatching
services, and the CCVFD to provide facility use for a County ambulance, so as to better protect the
lives and property of the public-, and
WHEREAS, the County finds that it is in the best interest of the public health, safety and welfare of its
citizens, for the County and the CCVFD to share emergency response resources; an
NOW, THEREFORE, in consideration of the premises and mutual promises contained herein, the
parties hereto agree as follows:
This Agreement will be in force and effective upon the approval and signing of said Agreement Iby both
parties and shall terminate on September 30, 2018.
SECTION 2. TERMINAT'ION/AMENDMENT OF AGREEMENT:
2.1 This Agreement may be terminated by either party upon written notice of termination, to the other
party at least forty-five (45) days prior to the date of such termination.
2.2 Either 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.
The amendment must be approved and executed by both parties,
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SECTION 3. SERVICES PROVIDED:
III Statement of Reciprocity - In that the services are provided by both, the CCVFD and County
in a mutually beneficial manner, there shall be no monetary payments to either the CCVFD 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/Port
Authority. The City/Port Authority will provide to the BCFR Dispatch Center predetermined unit
response assignments for the l't, 2 Id and 3 rd 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 BCFR Dispatch Center.
3.3 Fire Station Facility Usage — The CCVFD hereby agrees to provide the County operational
use space at the CCVFD's fire station located at 190 Jackson Avenue, Cape Canaveral, FL 329210.
The County shall utilize the CCVFD's fire station facility to support the operations of a County staffed
emergency response ambulance. The legal description of the CCVFD's fire station location is as
follows:
(a) Apparatus Space — The CCVFD hereby agrees to provide an apparatus, stall space for an
ambulance in the CCVFD fire station.
(b) Living Quarters - The CCVFD hereby agrees to provide a bunkroom for County employees
with a minimum of three (3) bunks for sleeping, office space, use of kitchen facilities, use of
restrooms and use of day/training room.,
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(c) Maintenance — The County agrees to assist the CCFVD with any maintenance (including
preventive) in equitable proportion to the County's utilization of the facility.
(d) Insurance — The County agrees to provide insurance for County owned/operated veHcle(s)
and County employees.
(e) Damage — The County agrees to repair, replace and/or reimburse the CCVFD for any and all
damages caused to property and equipment owned by the CCVFD and resulting from the
actions of County employees. The County shall cause such repair, replace and/or
reimbursement to occur within a reasonable amount of time thereby affording no undue
hardship to the CCVFD,.
(f) Supplies — The County agrees to provide consumable station supplies for use by County
employees.
SECTION 4. PAYMENT:
There shall be no payment to either the CCVFD or the County for services identified in this
Agreement.
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No additional equipment is contemplated by the CCVFD or the County for services identified in this,
Agreement.
Any required notice to be provided by either party to this Agreement, other than an emergency call and
dispatch, shall be delivered to the other party's irepresentatiive at the following locations:
David Sargeant, Fire Chief
Cape Canaveral Fire Department
8970 Columbia Road
Cape Canaveral, FL 32920
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BUR Fire Chief/Director
Brevard County Fire Rescue
1040 S. Florida Ave.
Rockledge, FL 32955
With a copy to:
Corporate Secretary
Cape Canaveral Fire Department
190 Jackson Avenue
Cape Canaveral, FL 32920
Stockton Whitten, County Manager
Brevard County Government Center
2725 Judge Fran Jamieson Way
Viera, FL 32940
Any notice to be sent to the County or the CCVFD 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 CCVFD 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. Either 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 party as provided for
herein.
SECTION 7. AUDITING, REGORDS, AND INSPECTION:
7.1 In the performance of this Agreement, the CCVFD 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 691-611.0012, Florida
Administrative Code, as amended or superseded 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
CCVFD 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 CCVFD in the United
States or any other country.
7.3 The County and the CCVFD agree to comply promptly with any request for public records or
documents made in accordance with Section 119.07, Florida Statutes.
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7.4 Upon a request for public records related to this Agreement, the County or the CCVFD, 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
or the CCVFD, as the case may be.
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 either 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.
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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.
SECTION 101. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held
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
effect, unless amended or modified by mutual consent of the parties.
SECTION 11. INIDEMNIFICATIONIHOLD HARMLESS:
To the extent permitted by law and subject to the limitations contained in Section 768.28, Florida
Statutes, the CCVFD shall indemnify and hold harmless the County and its 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 negligence of the CCVFD.
To the extent permitted by law and subject to the limitations contained in Section 768.28, Florida
Statutes, the County shall indemnify and hold harmless the CCVFD and its 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 part, by
the negligence of the County
In agreeing to this provision, neither party intends to waive any defense of sovereign immunity, or limits
on damage to which it may be entitled under Section 768,28, Fiorida Statutes or otherwise provided by
law. Nothing herein shall be construed as consent by the County or the CCVFD 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. INDEPENDENT CONTRACTORS:
The County and the CCVFD 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 and the CCVFD 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 CCVFD 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 party.
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 shail not be modified except in writing and executed
by all parties,
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SECTION 16. INTERPRETATION:
Both the CCVFD 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 either party as the drafter hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
ATTEST:
Scott Ellis, Clerk
OF BREVARD COUNTY, FLORIDA
By:
Mary Boli Lewis, Chairman
Brevard County Commission
Approved by the Board on
Reviewed for Legal Form and'
BY:
irian Teek, Corporate Secretary David Sarg
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County Attorney
BOARD OF COUNTY COMMIS&IONERS
Tammy Etheridge, Clerk to the Board, 400 South Street - P O. Box 999, Titusville, Florida 32781-0999
October 8, 2014
MEMORANDUM
TO: Chief Mark Schollmeyer, Interim Fire Rescue Director
Telephone: (32.1)637-2001
Fax: (321) 264-6972
RE- Item II.D.3., Agreement with Cape Canaveral Volunteer Fire Department, Inc. (CCVFD)
for E-911 Dispatching Services and Facility Use for a BCFR Ambulance
The Board of County Commissioners, in regular session on October 7, 2014, executed
Agreement with Cape Canaveral Fire Department, Inc. for E-911 Dispatching Services and
facility use for a 13CFR ambulance. Enclosed is a fully -executed copy of the Agreement.
Your continued cooperation is greatly appreciated.
Sincerely yours,
Tammy Etheridge, Deputy Clerk
Encl. (1)
cc: Contracts Administration
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