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HomeMy Public PortalAboutPSAP Interlocal Agreement_PoliceAN INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY FIRST RESPONDER AGENCIES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments 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 that will harmonize 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 agencies as defined therein 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 Section 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering points and first responders); and WHEREAS, Section 365.179, Florida Statutes, requires each County Sheriff to facilitate an interlocal agreement between all first responder agencies ("AGENCY" or collectively "AGENCIES" or "Parties") within the county which provides for inter— agency communications as required under this law. NOW, THEREFORE, in consideration of the foregoing, the AGENCIES agree as follows: Article 1. Purpose This agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on —duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. Article 2. Definitions 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 INTERLOCAL AGREEMENT- PSAP services provider, as is designated as a primary first responder for the service area in which a 9-1-1 public safety answering point receives 9-1-1 calls. See list of Okaloosa County First Responder Agencies, Exhibit A. C. "Public safety emergency" or "event" for purposes of this Agreement includes, but is not limited to, an incident where a person(s) is actively engaging in causing death or serious bodily injury to multiple victims. This may be the result of an active shooter and/or other hostile event where the potential for death or serious bodily injury is imminent and/or occurring. Article 3. Each AGENCY agrees that: A. Each PSAP will directly provide notice by radio of a public safety emergency to the on —duty personnel of an AGENCY for which the PSAP does not provide primary dispatch functions as follows: 1. Each PSAP shall have the ability to have direct radio contact with all primary first responder agencies and their dispatchers for whom the PSAP can reasonably receive 9-1-1 communications. 2. Upon the occurrence of a public safety emergency, if the primary PSAP with jurisdiction has not yet dispatched the event, the PSAP receiving the event from 9-1-1 shall, upon supervisor approval, immediately broadcast all 9-1-1 communications or public safety information regarding the emergency over the primary talk group/dispatch channel designated for such communications to the first responders and dispatchers with jurisdiction over the service area where the event is occurring. 3. Notwithstanding, once the event has been dispatched by the primary PSAP with jurisdiction, PSAPs outside the service area of the event will transfer additional 9-1-1 calls to the primary PSAP. B. Training shall be provided to all applicable agency personnel regarding the procedures and protocols set forth in this Agreement; such training shall also include radio functionality and how to readily access the necessary dispatch channel. Each AGENCY, and/or PSAP shall be responsible for training their respective personnel. Article 4. Effective Date and Term of Agreement 2 INTERLOCAL AGREEMENT- PSAP This Agreement shall take effect upon execution and approval by the hereinafter named AGENCIES and shall continue in full force and effect each year thereafter, unless otherwise terminated in writing by a named participating AGENCY. Notice of Termination of this Agreement by a participating Agency shall be in writing and sent to the Okaloosa County Sheriffs Office with all other participating AGENCIES copied with the notice. The Notice of Termination shall be delivered in the following manner: Okaloosa County Sheriff's Office Attn: Legal 50 2nd Street Shalimar, Florida 32579 Article 5. Liability Each AGENCY shall be liable for its own actions and negligence and agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees, subject to the provisions of Section 768.28, Florida Statutes, where applicable. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, or of any defense available to any agency. Nothing herein shall be construed as consent by any agency to be sued by third parties in any matter, whether arising out of this agreement or any other contract. Article 6. Non -Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 7. Relationship of the Parties Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations of any other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent, or local representative of any other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the Parties. Article 8. Deleciation of Duty Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of any Agency. Article 9. No Third Party Beneficiaries 3 INTERLOCAL AGREEMENT- PSAP This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. Article 10. Severabilitv The invalidity or unenforceability of any provision or clause hereof shall in no way affect the validity or enforceability of any other clause or provision hereof. Article 11. Amendments to this Agreement Any amendments to this Agreement shall be by written instrument executed by all AGENCIES. Article 12. Assignment: Binding Agreement This Agreement and the duties and obligations hereunder may not be transferred or assigned by any of the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors. Article 13. Governina Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall lie in Okaloosa County, Florida. Article 14. Entirety of Contractual Agreement The AGENCIES agree that this Agreement sets forth the entire agreement between the Parties, and that there are no promises or understandings other than those stated herein. IN WITNESS WHEREOF, the AGENCIES hereto have caused this Interlocal Agreement to be executed for the uses and purposes set forth herein. 4 INTERLOCAL AGREEMENT- PSAP EXHIBIT A FIRST RESPONDER AGENCIES LAW ENFORCEMENT AGENCIES: Okaloosa County Sheriffs Office Fort Walton Beach Police Department Crestview Police Department Niceville Police Department Valparaiso Police Department Shalimar Police Department Northwest Florida State College Police Department Eglin Air Force Base Security Forces Hurlburt Field Security Forces FIRE SERVICE AGENCIES: Ocean City Wright Fire Control District Okaloosa Island Fire Dept Florosa Fire Fort Walton Beach Fire North Bay Fire Destin Fire Hurlburt Fire Valparaiso Fire Niceville Fire East Niceville Fire Baker Fire Holt Fire Dorcas Fire Almarante Fire Laurel Hill Fire Blackman Fire North Okaloosa Fire Eglin Air Force Base Fire Duke Field Fire Crestview Fire PUBLIC SAFETY SERVICE PROVIDERS: Okaloosa County Emergency Management Okaloosa County Emergency Medical Services Okaloosa County Beach Safety 5 INTERLOCAL AGREEMENT- PSAP FIRST RESPONDER AGENCY Crestview Police Department Print Name of Agency Sifature of Authorized Official 71-7 - 604 "ie Print Name of Authorized Official 26th June day of , 2023 6