HomeMy Public PortalAboutMay 2003 AgmtPOLICE AND FIRE COMMUNICATIONS AGREEMENT
THIS AGREEMENT, entered into this )day of , 2003,
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 2. Termination Date. This agreement shall terminate on September
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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, 2002, and ending September 30, 2003, the payment shall be
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, 2003, the Town and the City
agree that the service fee shall be adjusted from the prior year's service fee to an
agreed upon fee of $42,970.00. This adjustment is necessary to more equitably divide
the increase in personnel salaries and escalated operating costs of the trunked 800
MHz radio system installed since the last agreement in 1998.
The adjustment for fiscal year 2004/2005, and each year of the Agreement
thereafter, shall again 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 15`h, of each year. The service fee shall be paid to the City by December
31 of each year for that fiscal year beginning October 1.
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 transmissions for
thirty (30) days.
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.
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f. 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
Section 5. Performance Standards.
A. Definitions:
The following definitions shall apply for purposes of this agreement:
Emergency Calls — also designated as priority one calls, includes 911
calls and all other calls where life or property in the Town are believed to be in
imminent danger, including all fire and burglar alarm calls.
Non -Emergency Calls — also designated as priority two calls, includes all
other calls for services in the Town where life or property are not believed to be
in eminent danger. These include reports of suspicious activities or persons,
requests to speak with an officer, relay of information to an officer where the
information is not related to an existing emergency situation, and similar types of
calls.
B. Dispatch Times:
Emergency calls should be dispatched within 60 seconds or less. Non-
emergency calls should be dispatched within five (5) minutes. These times shall be
measured from the time a call is received by the dispatcher to the time the dispatcher
notifies Town police personnel.
The dispatch times stated above shall be the expected performance standards
under this Agreement. However, both parties recognize that 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.
The above notwithstanding, nothing in this section shall release either party from
the provisions of Section 12 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 conversation, facsimile transmission or in writing. The
recipient of the question or complaint shall then respond in a like fashion or in a
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manner otherwise agreed to at the time the question or complaint is initiated. A
reasonable response time 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 or 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 compliant, 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 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
Town of Gulf Stream:
Police Director of Support Services
300 West Atlantic Avenue
Delray Beach, Florida 33444
Chief of Police
100 Sea Road
Gulf Stream, Florida 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
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.
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Upon mutual agreement, the City/Town Managers may change the provisions of
Sections 5, 6 and 7 (Performance Standards, Service Complaints, Meetings). 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 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"
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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. Renewal. This Agreement shall automatically renew 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.
Section 10. Town's 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 11. 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 is in harmony
with the communications and records keeping of the City.
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 amendment by the City to Section 3 of this Agreement.
Section 12. Hold Harmless. The City, its officials, agents, or employees in
providing dispatch and communication 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 provisions 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 employing such
personnel or owning such equipment, and the Town shall carry sufficient insurance to
cover all such liabilities.
Section 13. Termination of Agreement 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, 2007, the
applicable payment referred to in Section 3 shall be refunded on a pro rata basis.
Section 14. Termination of Agreement by the City. The City may terminate
this Agreement at any time following sixty (60) days written notice to the Town. 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 is 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 this
Agreement as herein provided and prior to September 30, 2007, the applicable
payment referred to in Section 3 shall be refunded on a pro rata basis.
Section 15. Agreement Not Assignable. The Town shall not assign this
Agreement.
Section 16. 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 17. 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, Florida
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Town: Office of the Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 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 18. 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 19. 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 �Z day of
2003.
ATTEST: CITY OF DELAY DEACH, FLORIDA
City Clerk erlan, Mayor
Approved as to Form:
City Attorney
Attorney
ATTEST:
Town nerk
T NOF
ZFR,
ORIDA
ayo
.
Koch, Jr.
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