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HomeMy WebLinkAbout2019 10 14 Consent 300 - Interlocal Agreement Between The Seminole County Sheriff's Office, Seminole County City Municipalities, The Sanford Airport Authority, And Seminole County Public Schools - E911 Protocols. CONSENT AGENDA ITEM 300 1959 CITY COMMISSION AGENDA I OCTOBER 14, 2019 1 REGULAP MEETING TITLE Interlocal Agreement Between The Seminole County Sheriff's Office, Seminole County City Municipalities, The Sanford Airport Authority, And Seminole County Public Schools - E911 Protocols. SUMMARY The Police Department requests the consent of the City Commission to enter into an agreement with the Sheriff and other first-responder agencies that provide inter-agency emergency communications, as recommended by the Marjory Stoneman Douglas High School Public Safety Commission. This agreement concerns public safety answering points (PSAPs) and interoperability for a more efficient dispatching offirst responders during times of emergency using a unified radio matrix. All of the public safety agencies in Seminole County currently use a radio matrix of thisvariety and each law enforcement agency is able to broadcast and disseminate information in this unified fashion. This interlocal agreement is required of the County Sheriff pursuant to Florida Statutes Chapter 365.179, and this agreement satisfies that requirement. Additionally, the agreement has been reviewed by our City legal staff. RECOMMENDATION Staff recommends the City Commission consent to this item and authorize the City Manager to enter into this interlocal agreement with the Seminole County Sheriff's Office, the city municipalities of the county, the Sanford Airport Authority, and Seminole County Public Schools. INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITIES OF ALTAMONTE SPRINGS, CASSELBERRY,LAKE MARY, LONGWOOD, OVIEDO, SANFORD,AND WINTER SPRINGS,AND SANFORD AIRPORT AUTHORITY,AND SEMINOLE COUNTY SHERIFFS OFFICE,AND SEMINOLE COUNTY PUBLIC SCHOOLS THIS INTERLOCAL AGREEMENT is made and entered into by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 E 1st Street, Sanford Florida 32771, in this Agreement referred to as "COUNTY", the Sanford Airport Authority (SAA), whose address is 1200 Red Cleveland Boulevard, Sanford, Florida 32773 on behalf of the Orlando Sanford International Airport Fire and Police Department, in this Agreement referred to as "AIRPORT", the Seminole County Sheriff's Office, whose address is 100 Eslinger Way, Sanford, Florida 32773, in this Agreement referred to as "SHERIFF", and Seminole County Public Schools, whose address is 400 E Lake Mary Boulevard, Sanford, FL 32773, in this Agreement referred to as "SCHOOLS", and the following Florida municipal corporations: the CITY OF ALTAMONTE SPRINGS, whose address is 225 Newburyport Avenue, Altamonte Springs, Florida, 32701 on behalf of the Altamonte Springs Police Department; the CITY OF CASSELBERRY,whose address is 95 Triplet Lake Drive, Casselberry, Florida 32707 on behalf of the Casselberry Police Department; the CITY OF LAKE MARY, whose address is 100 N. Country Club Road, Lake Mary, Florida 32746 on behalf of the Lake Mary Fire and Police Department; the CITY OF LONGWOOD, whose address is 175 W. Warren Avenue, Longwood, Florida 32750 on behalf of the Longwood Fire and Police Department; the CITY OF OVIEDO, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765 on behalf of the Oviedo Fire and Police Department; the CITY OF SANFORD, whose address is 300 N Park Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 1 of 22 Avenue, Sanford, Florida, 32771 on behalf of the Sanford Fire and Police Department; and the CITY OF WINTER SPRINGS, whose address is 1126 E State Road 434, Winter Springs, Florida 32708 on behalf of the Winter Springs Police Department, in this Agreement referred to as "CITY" or "CITIES". Collectively, AIRPORT, SCHOOLS, SHERIFF, and CITIES may be referred to as "AGENCY" or"AGENCIES". WITNESSETH: WHEREAS, Section 163.01, Florida Statutes (2019), authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner (and pursuant to forms of governmental organization)that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, Part 1 of Chapter 163 of the Florida Statutes permits public entities to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders; and WHEREAS, in response to the Commission's recommendations, the Florida Legislature created §365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders); and Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 2 of 22 WHEREAS, §365.179 requires each County Sheriff to facilitate an interlocal agreement between all First Responder Agencies within the county which provides for interagency communications as required under this law. NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained in this Agreement by and between the parties and for the mutual benefit of COUNTY and AGENCY, and their respective citizens, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Definitions. The following definitions apply to this Agreement: (a) "9-1-1 public safety answering point" or "PSAP" means a municipal or county emergency communications or 9-1-1 call center in the state that receives cellular, landline, or text —to— 9-1-1 communications. (b) "First Responder Agency" includes each law enforcement agency and fire service agency, other than a state agency, and each emergency medical services provider, as is designated as a primary first responder for the service area in which a PSAP receives 9-1-1 calls including all Seminole County agencies listed within Exhibit A, attached hereto and fully incorporated herein. (c) "Primary First Responder Agency" is defined as a law enforcement agency, fire, and emergency medical services. (d) "Public Safety Emergency" for purposes of this Interlocal Agreement includes,but is not limited to, situations such as: an active shooter, mass casualty incident, an act of terrorism, civil disturbance or other similar urgent/unstable situation where serious bodily injury or the loss of human life is imminent and/or occurring. Section 3. COUNTY Responsibilities. Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 3 of 22 (a) Coordinate an E-911 public safety answering point and telecommunications working group (Public Safety Communications Working Group) to ensure emergency public alerting and warning, 9-1-1 communications, and telecommunications is interoperable throughout the County. (b) Public Safety Communications Working Group will include representatives from First Responder Agencies, Office of Emergency Management, Seminole County Sheriff's Office, Seminole County Public Schools, Seminole County Information Services, Seminole County Public Works, and Seminole State College. (c) Public Safety Communications Working Group will identify and resolve any technological or logistical issues related to 9-1-1 or telecommunications. (d) Ensure a unified radio matrix is maintained and shared with all first responder agencies throughout the County — allowing all First Responder Agencies access to primary dispatch channels. (e) Unified radio matrix will include first responder agencies, healthcare facilities, local government services, Seminole County Public Schools, and Seminole State College. (f) Maintain text-to-911 services throughout the County, in coordination with all public safety answering points. (g) All 9-1-1/emergency communications channel positions will have access to radio channels of units responding to an emergency call. Section 4. AGENCY Responsibilities. (a) All first response emergency medical services, fire department, and law enforcement agencies will train their applicable PSAP personnel on radio functionality, Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 4 of 22 communication tactics, how to access the necessary dispatch channels and the procedures and protocols addressed in this Agreement and set forth in Florida Statute 365.179 in uniformity. (b) All AGENCIES agree primary dispatch channels will not be encrypted. (c) Coordinate and consolidate 9-1-1 call centers to eliminate the 9-1-1 call transfer process, as applicable. Section 5. Specific Understanding of AGENCIES (a) Each PSAP will have a designated primary channel which is maintained and used to provide notice by radio of a"Public Safety Emergency" as that term is defined herein, to all on- duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. (b) Each PSAP will maintain ability to have direct radio contact with all primary first responder agencies and their dispatchers for whom the PSAP reasonably receives 911 communications, without having to transfer a 911 communication to another PSAP or dispatch center for dispatch. (c) The SHERIFF by written agreement has been and will continue to be the designated PSAP for the following First Responder agencies: Altamonte Springs Police Department, Casselberry Police Department, Lake Mary Police Department, Longwood Police Department, Oviedo Police Department, Sanford Police Department. First Responder agencies providing their own 911 dispatch services and agencies having 911 dispatch services provided by the SHERIFF are made a part of this agreement. In the event any law enforcement agency resumes providing their own 911 dispatch service, that agency shall become a PSAP. (d) All PSAPS and First Responder Agencies in Seminole County use the Motorola 800 MHZ Radio System and all have communication capabilities with each other as well as the Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 5 of 22 on-duty law enforcement, fire, and emergency medical service personnel of each other. Additionally, all are capable of immediately broadcasting 911 communications or public safety information over the primary radio dispatch channels of each first responder agency in Seminole County. (e) Upon the occurrence of a public safety emergency, the PSAP receiving the event from the call to 9-1-1 shall immediately broadcast all 911 communications or public safety information regarding the emergency over the primary dispatch radio channel for the agency with jurisdiction over the service area where the event is occurring. Section 6. Insurance Requirements. Each party shall maintain adequate insurance coverage to protect its own interests and obligations under this Agreement. Section 7. Indemnification. (a) All parties shall be liable for their own actions and negligence and agree to assume responsibility for the acts, omissions, or conduct of its employees, subject to the provisions of Section 768.29, Florida Statutes (2019), as this statute may be amended from time to time. The parties further agree that nothing contained in this Agreement may be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of COUNTY and AGENCY beyond the waiver provided for in Section 768.28,Florida Statutes (2019), as this statute may be amended from time to time. Section 8. Employee Status. Persons employed by AGENCY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of COUNTY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 6 of 22 COUNTY's officers and employees either by operation of law or by COUNTY. Persons employed by COUNTY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of AGENCY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to AGENCY's officers and employees either by operation of law or by AGENCY. Section 9. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered (whether or not actually received) when (i) hand- delivered to the persons designated below,or(ii)when deposited in the United States Mail,postage prepaid, certified mail,return-receipt requested, addressed to the person at the address for the party as set forth below, or such other address or to such other person as the party may have specified by written notice to the other parry delivered according to this section or as set forth on the particular agency's signature page: As to COUNTY: Chief Administrator of Emergency Management 150 Eslinger Way Sanford, FL 32773 As to AGENCY: [Designated individual and address to be included on signature pages.] Section 10. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 7 of 22 Section 11. Parties Bound. This Agreement is binding upon and inures to the benefit of AGENCY and COUNTY, and their successors and assigns. Section 12. Conflict of Interest. (a) The parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the other party or that would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes (2018), as this statute may be amended from time to time, relating to ethics in government. (b) Each party hereby certifies that none of its officers, agents, or employees have any material interest(as defined in Section 112.312(15),Florida Statutes (2018), as this statute may be amended from time to time, as over 5%) either directly or indirectly, in the business of the other party to be conducted here, and that no such person will have any such interest at any time during the term of this Agreement. (c) Each party has the continuing duty to report to the other party any information that indicates a possible violation of this Section. Section 13. Dispute Resolution. Either party to this Agreement may notify the other party that it wishes to commence formal dispute resolution with respect to any unresolved problem under this Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida,which, as provided in Section 10 above, is the sole venue for any such civil action. The parties further agree that any such action will be tried to the Court, and the parties hereby waive the right to jury trial as to such action. Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 8 of 22 Section 14. Entire Agreement. (a) It is understood and agreed that this agreement has been made between the parties pursuant to the requirements of Florida Statute 365.179 (2019)but does not negate any existing or future agreements addressing the provision of dispatch services by the SHERIFF on behalf of a law enforcement agency within Seminole County and/or COUNTY on behalf of a fire and emergency medical service agency. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by the parties, except as otherwise specifically provided in this Agreement. Section 15. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other parties. Section 16. Severability. If any provision or application of this Agreement to any person or circumstance is held invalid, then it is the intent of the parties that the invalidity will not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 17. Public Records Law. (a) AGENCY and COUNTY acknowledge each other's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2019), as this statute may be amended from time to time, to release public records to members of the public upon request. AGENCY and COUNTY acknowledge each other is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2019), as this statute may be amended Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 9 of 22 from time to time, in the handling of the materials created under this Agreement and that this statute controls over the terms of this Agreement. Section 18. Equal Opportunity Employment. AGENCY and COUNTY shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. AGENCY and COUNTY shall take steps to ensure that applicants are employed, and employees are treated equally during employment, without regard to race, color, religion, sex, age, disability, or national origin. Equal treatment includes, but is not limited to, the following: employment; upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Section 19. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. This Agreement may be duplicated for dissemination to the Parties, and such duplicates shall be of the same force and effect as the original. Execution of this Agreement may be signified by properly signing a separate signature page,the original of which shall be returned to and maintained by COUNTY's Chief Administrator of Emergency Management. Section 20. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Section 21. Effective Date. The Effective Date of this Agreement will be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of the parties. Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 10 of 22 Section 22. Term. The term of this Agreement is one year from the Effective Date and will automatically renew for another term on each subsequent anniversary of the Effective Date, unless either party elects to terminate this Agreement, which either party may do at any time by providing 60 days' notice to the party pursuant to Section 9 above. A termination by any party to this Agreement shall only terminate that party's involvement in the Agreement; it does not void the entire contract. [Remainder ofpage left intentionally blank; signature pages to follow.] Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 11 of 22 IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF ALTAMONTE SPRINGS By: ANGIE APPERSON, City Clerk PAT BATES, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 12 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF CASSELBERRY By: DONNA G. GARDNER, City Clerk CHARLENE GLANCY, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 13 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF LAKE MARY By: MICHELLE MCCURDY, City Clerk DAVID MEALOR, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 14 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF LONGWOOD By: MICHELLE LONGO, City Clerk MATT MORGAN, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 15 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF OVIEDO By: BARBARA BARBOUR, City Clerk DOMINIC PERSAMPIERE, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 16 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF SANFORD By: TRACI HOUCHIN, City Clerk JEFF TRIPLETT, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 17 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: CITY OF WINTER SPRINGS By: ANDREA LORENZO-LUACES, City Clerk CHARLES LACEY, Mayor Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 18 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: SEMINOLE COUNTY SHERIFF'S OFFICE By: DENNIS M. LEMMA, Sheriff Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 19 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: SEMINOLE COUNTY PUBLIC SCHOOLS By: JILL MAHRAMUS, School Board Clerk TINA CALDERONE, Chairman Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 20 of 22 DESIGNATED INDIVIDUAL FOR NOTICE AS SET FORTH IN SECTION 9: Name: Address: Phone Number: ATTEST: SANFORD AIRPORT AUTHORITY By: DIANE CREWS, President/CEO Date: Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 21 of 22 BOARD OF COUNTY COMMISSIONERS ATTEST: SEMINOLE COUNTY, FLORIDA By: GRANT MALOY BRENDA CAREY, Chairman Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of As authorized for execution by the Board of Seminole County only. County Commissioners at its 2019, regular meeting. Approved as to form and legal sufficiency. County Attorney Attachment: Exhibit A—First Responder Agencies DwM 9/23/2019 TAUsers\dmorrell\My DocumentsTublic Safety\2019\1nterlocal Agt for E911.docx Interlocal Agreement between Seminole County and Agencies for E911 Protocol Page 22 of 22