HomeMy Public PortalAboutOctober 2007 AgmtPOLICE AND FIRE COMMUNICATIONS AGREEMENT
THIS AGREEMENT, entered into this 1st day of October, 2007, by and between
the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred
to as "City" and the TOWN OF GULF STREAM, FLORIDA, a municipal corporation,
hereinafter referred to as 'Town",
WITNESSETH:
WHEREAS, the Town desires to enter into an agreement with the City in order
to obtain Police and Fire Dispatching and Communications Services from the City.
NOW, THEREFORE, the City and the Town in consideration of the mutual
promises and benefits hereby agree as follows:
Section 1. Effective Date. This agreement is to become effective upon the date
written above.
Section 1. Termination Date. This agreement shall commence for a one (1)
year period on October 1, 2007 and shall automatically continue for five (5) one (1) year
renewal periods unless either party notifies the other in writing of their intent not to
renew. Such written notice must be provided at least ninety (90) days prior to the start
of the renewal term. The agreement shall terminate on September 30, 2012.
Section 3. Payment of Service Fee.
A. The City is currently providing police and fire communication services to
the Town and the Town is paying a fee to the City for these services. For the fiscal year
commencing October 1, 2007 and ending September 30, 2008, the payment shall be
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adjusted from the previous year in an amount based upon the "All Urban Consumers -
United States" April Consumer Price Index.
B. For the fiscal year commencing October 1, 2007 through September 30,
2008, the Town and the City agree that the service fee shall be an agreed upon fee of
$42,970.00.
The service fee for the fiscal year 2008/2009 and each year of the Agreement
thereafter, shall be adjusted from the previous year in an amount based upon the "All
Urban Consumers -United States April Consumer Price Index (CPI)". The projected
annual service fee adjustment will be reported to the Town Manager of the Town on or
before July 15th of each year. The service fee shall be paid to the City by December
31St of each year for that fiscal year beginning October 1St
Section 4. City's Responsibilities. The City shall provide dispatching and
communication services to include:
a. Radio dispatching of police, fire and emergency medical services (EMS)
emergency calls.
b. Radio dispatching of non -emergency calls.
C. City Communications Dispatch will dispatch a Town police officer to all
police, fire and medical calls. If a Town police officer is unavailable due to
another priority call, he/she will be made aware of the pending police, fire or
medical call and its location.
d. Electronically recording and maintaining radio transmission for thirty (30)
days.
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e. Access to information from Palm Beach Sheriffs Department's P.A.L.M.S.
Computer System and the State F.C.I.C. and Federal N.C.I.C. Computer
Systems via radio or telephone voice transmission.
f. City will make entries, cancellations and/or modifications into NCIC/FCIC
on behalf of the Town. All copies of said reports and/or supplemental reports
must be made available to Town's officers at all times for hit confirmation
purposes; this is in accordance with FDLE validation requirements.
g. Recording and maintaining for two years a daily Computer Aided Dispatch
(CAD) log to include a numerical call identifier and also containing the following
information:
1. Type of call or incident;
2. Date and time of call or incident;
3. Location of incident;
4. Complainant or caller's name;
5. Name or other identifier of the assigned or responding
officer.
h. The Communications Manager will assist Town officers in obtaining their
FCIC Limited Access Certifications and re -certify them every two years as
required. The Town is responsible to insure that all their officers are in
compliance with recognized certifications and FDLE standards.
Section 5. Performance Standards.
A. Calls for road patrol response will be prioritized into three (3) categories.
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1. Priority 1 — Emergency: Any threat to life or danger of serious
physical injury or major property damage. Any felony or violent misdemeanor
where the suspect has remained at the scene or may be apprehended in the
immediate area.
Priority 1 calls include:
(1) Alarms that are received as Silent, Panic, or Financial Institution
alarms and
(2) Major traffic accidents with extensive injuries.
a) Dispatch times for Priority 1 calls:
Emergency calls will be dispatched without delay to the nearest
unit to the call location. The dispatcher has one (1) minute from the
time received to dispatch a priority 1 call.
2. Priority 2 — Urgent: Any incident currently in progress that does
not represent a significant threat to life or property.
Priority 2 calls include:
(1) Audible alarms;
(2) Motor vehicle accidents that originally occurred in a roadway or are
still blocking traffic and have unknown injuries;
(3) Incidents with suspect information or where immediate follow up is
required.
a) Dispatch times for Priority 2 Calls:
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Urgent calls are of a less serious nature and may be held no longer than
five (5) minutes from the time the call is received, unless a road supervisor
approves a longer delay.
3. Priority 3 — Routine/Delayed. Any incident/request not in progress
involving minor offenses or when the complainant had delayed reporting for more
than one hour.
Priority 3 calls include:
(1) Parking lot accidents with no injuries;
(2) Any incident involving non -criminal maters or requests for
service,
(3) Any incident where there is no likelihood of apprehending the
offender;
(4) No initial investigation is possible because the complainant is not
at the scene;
(5) Any complaint for insurance purposes;
(6) Lost of found property;
(7) Abandoned or illegally parked vehicles.
(a) Dispatch times for Priority 3 calls:
Routine/Delayed calls may be held for a maximum of thirty (3) minutes
before a road supervisor must be advised. The complainant is to be
advised of the delay and give an approximate time for the officer to arrive.
These calls should be given out as soon as a unit becomes available.
B. Dispatch Times.
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1. The Dispatch times stated in Section A shall be measured from the
time a call is received by the dispatcher to the time the dispatcher notifies
Town police personnel.
2. The Dispatch times stated above shall be the expected
performance standards under this Agreement. However, both parties
at exceptions to these times may occur periodically. Accordingly, it is not
the intention of this Agreement that a failure to dispatch a call within the
stated time period be regarded as a breach of this Agreement. Rather, it
is the intention of this Agreement that all exceptions to the stated times be
reviewed and all necessary and appropriate follow-up actions be taken to
prevent future exceptions, where they can be avoided.
3. The above notwithstanding, nothing in this section shall release
either party from the provisions of Section 11 of this Agreement where
dispatch times are concerned.
C. Monthly Reports: At least once each month, the City shall generate and
make available to the Town, a Dispatch Activity Report listing all Town calls from the
date of the previous report. The report shall include the times that all calls were
received, the times they were dispatched, the times the police officer and/or Fire
Department arrived on the scene, and the time the call was cleared.
Section 6. Service Complaints. In the event a service complaint is received,
the complaint shall be handled pursuant to one of the following resolution processes:
A. Informal Resolution Process: Informal Service questions, problems
or complaints by either party may be initiated via a face-to-face meeting, telephone
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conversation, facsimile transmission or in writing. The recipient of the question or
complaint shall then respond in a like fashion or in a manner otherwise agreed to at the
time the question or complaint is initiated. A reasonable response time to the complaint
also shall be agreed to at the time of initiation.
Questions and complaints directed to the Town shall be directed only to the Chief
of Police or his/her designee. Questions and complaints directed to the City shall be
directed only to the Police Department's Communications Manager/ Director of Support
Services. Further, it shall be the responsibility of the recipient to personally respond to
the initiator unless another respondent is agreed to at the time of initiation.
B. Formal Resolution Process: Formal service questions, problems or
complaints by either party shall be made in writing. Within thirty (30) working days of
receipt of a complaint, the complaint shall be fully reviewed and a response rendered
noting the corrective actions taken, if any. To expedite resolution of a complaint, both
the initial written complaint and d the response may be sent via facsimile transmission.
Complaints and responses shall only be addressed to and from the following
individuals:
City of Delray Beach Police Director of Support Services
300 West Atlantic Avenue
Delray Beach, FL 33444
Town of Gulf Stream Chief of Police
100 Sea Road
Gulf Stream, FL 33444
Section 7. Meetings. At least once each year, the City Police Director of
Support Services, the Communications Manager and the Town Chief of Police or their
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designee shall meet to review and discuss the terms of this Agreement and to
recommend to their respective City/Town Manager any revisions, additions or deletions.
Upon mutual agreement, the City/Town Managers may change the provisions of
Sections 5, 6 and 7 (Performance Standards, Service Complaints, Meetings). Changes
shall be in writing signed by both parties and attached as an Amendment to this
Agreement. No other provisions of this Agreement may be amended without the
approval of the governing bodies of both parties.
Nothing in this Section or Agreement shall prohibit or discourage additional
meetings as may be necessary or desired by either party from time to time. In addition,
nothing herein shall prohibit or discourage meetings between staff members of both
parties other than those specifically referenced in this Agreement. However, no staff
member of either party may interpret, revise, amend or delete any provision of this
Agreement except as provided herein.
Section 8. Investigations, Discussion and Negotiation for Future
Communications Operations.
Both parties recognize and agree that internal and external influences may cause
the City to investigate and pursue alternative communications operations including, but
not limited to, sharing, merging or transferring operations with another community or
entity. The City agrees to inform the Town of all ongoing investigations, discussions
and negotiations concerning alternative communications operations and invites the
Town to fully participate in same. Furthermore, the Town understands the 800 MHz
radio system is tied into the Palm Beach County radio system by means of a central
Smart Zone" switch. The Town agrees to restrictions on the utilization of County Talk
Groups limiting use to mutual aid situations with Palm Beach County. The Town also
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agrees to the terms and conditions set forth in the interlocal agreement, and any
amendments thereto, between Boynton Beach, Boca Raton and Delray Beach, known
as the "South Palm Beach County Public Safety Communications Cooperative" and
Palm Beach County. Specifically, the Town agrees and understands that Section 9 and
Section 15.06 of that Interlocal Agreement, as amended, are hereby incorporated in
their entirety into this Agreement. Further, the City hereby agrees that it will not pursue
alternative communications operations that would not include the Town without the
written consent from the Town Manager.
Section 9. Town Responsibilities. The Town shall be responsible for
maintenance of all radios or equipment purchased by the Town, providing maintenance
and repairs as needed through a Motorola subcontractor.
Section 10. Additional Services. By way of this Agreement, the City shall
provide only communication services and dispatching services except that the City may
unilaterally add any communications, dispatch, mobile data, information or record
keeping services that enhances the City's ability to provide that service to its own
service area.
The Town shall conform to those procedures and policies necessary to assure
that the communications and records keeping for the Town's service area are in
harmony with the communications and records keeping of the City and assure
compliance with Public Records Law.
In the event that the City is capable of providing enhancements or additions to
law enforcement and communications services which are not unilateral and the Town
wishes to avail itself of such additions and enhancements the Town may, upon mutual
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agreement with the City, amend Section 4 of this Agreement which may necessitate a
negotiated agreement by the City to Section 3 of this Agreement.
Section 11. Hold Harmless. The City, its officials, agents or employees in
providing dispatch and communications services, shall not be deemed to assume any
liability for acts, omissions or negligence of the Town, its employees, agents or officials.
In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby
acknowledged, the Town shall hold the City harmless and shall defend them against
any claims for damages resulting from acts, omissions or negligence of the Town, its
officials, agents or employees, subject to the provision of Florida Statutes Section
768.28. All liability for injury to personnel and for loss of or damage of equipment
incurred in connection with this agreement, or in the performance of services or
functions pursuant thereto, shall be borne by the City or the Town employment such
personnel or owning such equipment, and the Town shall carry sufficient insurance to
cover all such liabilities.
Section 12. Termination of Aqreement by the Town. The Town may
terminate this Agreement at any time following sixty (60) days written notice to the City.
After the effective date of said notice, both parties will be relieved of any further
obligations under this Agreement except nothing herein shall be construed to impair the
obligation of any contract then in effect in which the Town and the City are a party or to
relieve the Town or the City of any liability for its negligence or the negligence of their
respective employees occurring while this Agreement is in effect. If the Town should
terminate the agreement as herein provided and prior to September 30, 2012, the
applicable payment referred to in Section 3 shall be refunded on a pro rata basis.
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Section 13. Termination of Agreement by the City. The Town may terminate
this Agreement at any time following sixty (60) days written notice to the City. After the
effective date of said notice, both parties will be relieved of any further obligations under
this Agreement except nothing herein shall be construed to impair the obligation of any
contract then in effect in which the Town and the City are a party or to relieve the Town
or the City of any liability for its negligence or the negligence of their respective
employees occurring while this Agreement is in effect. If the City should terminate the
agreement as herein provided and prior to September 30, 2012, the applicable payment
referred to in Section 3 shall be refunded on a pro rata basis.
Section 14. Agreement Not Assignable. The Town shall not assign this
Agreement.
Section 15. Venue. All disputes arising from this Agreement shall be settled in
a Court of competent jurisdiction with venue to be in Palm Beach County, Florida.
Section 16. Notices. All notices provided for in this Agreement shall be in
writing and either hand delivered or sent by certified or registered mail to the party to be
notified at the following respective addresses which may be changed by written notice
only.
City Office of the City Manager
City of Delray Beach
100 N.W. 15t Avenue
Delray Beach, FL 33444
Town Office of the Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33444
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Notice given by or to the attorney of either party shall be as effective as if given
by or to said party.
Section 17. City Retains Exclusive Control. The City shall retain exclusive
control over all equipment and personnel used in providing the services in accordance
with this Agreement, except for any radios or accessories purchased by the Town.
Section 18. City's Right to Limit Access. The City shall have the right to limit,
direct or deny access, to individual representatives of the Town, to information and
communications capabilities provided in Section 4, when such access has been used in
violation of Florida Statutes, in violation of the City, County, State or National directives
and procedures governing the acquiring use of sensitive information and equipment, or
when such access may jeopardize the City's law enforcement effort or the
representative is found to be a security risk.
IN WITNESS WHEREOF, the parties have caused these presents to be signed
by the duly authorized officers on this �I day of November, 2007.
ATTEST: CITY OF DELRAY BEACH, FLORIDA
Chevelle Nubi ity Clerk ,fin Rita Ellis, Mayor
APS D AS TO FOR 77
Catherine M. Kozol, As . it orney
ATTEST: n- CITY OF GULF STREE FLORIDA
—LL _–
own Clerk M ) ,
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