HomeMy Public PortalAboutPRR 19-2700
Renee Basel
From:Allison King <aking@torcivialaw.com>
Sent:Thursday, April 4, 2019 3:38 PM
To:Rita Taylor
Subject:Public Records Request - Dispatchers
Good afternoon,
I would like to inquire about the dispatchers for your municipality:
1) Are your dispatchers unionized – if so, can I get a copy of the collective bargaining agreement
that covers them.
2) If the City does not have dispatchers – can I get copy of the contract they entered into outsourcing
dispatch to another city.
Please feel free to contact me if you have any questions. Thank you in advance for your anticipated
cooperation.
Allison King, Legal Assistant
TORCIVIA, DONLON,
GODDEAU & ANSAY, P.A.
Northpoint Corporate Center
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
(561) 686-8700
(561) 686-8764 fax
aking@torcivialaw.com
www.torcivialaw.com
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 5, 2019
Allison King [mail to: aking@torcivialaw.com]
Re: GS #2700 (Dispatchers)
I would like to inquire about the dispatchers for your municipality:
1) Are your dispatchers unionized – if so, can I get a copy of the collective bargaining
agreement that covers them.
2) If the City does not have dispatchers – can I get copy of the contract they entered into
outsourcing dispatch to another city.
Dear Allison King [mail to: aking@torcivialaw.com]:
The Town of Gulf Stream has received your public records request dated April 4, 2019. You
should be able to view your original request and response at the following link:
http://www2.gulf-stream.org/weblink/0/doc/123579/Page1.aspx
We consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
POLICE COMMUNICATIONS AGREEMENT
THIS AGREEMENT, entered into this 30' day of 00-06b-- , 2017,
by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation,
hereinafter referred to as "City" and the TOWN OF GULF STREAM, a Florida municipal
corporation, hereinafter referred to as 'Town".
WITNESSETH:
WHEREAS, the Town desires to enter into an Agreement with the City of Delray
Beach, Florida, in order to obtain Police 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 shall become effective as of October
1, 2017.
Section 2. Termination Date. This Agreement shall expire, and terminate on
September 30, 2022,
Section 3. Payment of Service Fee.
A. The City is currently providing police communication services to the Town
and the Town is paying a fee to the City for these services. Payment for services shall
be adjusted each year from the previous year in an amount based upon the "All Urban
Consumers -United States" April Consumer Price Index.
B. For the fiscal years commencing October 1, 2017 through September 30,
2022, the Town and the City agree that the total service fee shall be an agreed upon
basic service fee of $55,707 with an annual license maintenance fee for security and
CJIS compliance of $254.00 for a total of $55,961 per year. These fees are based on a
quantity of five (5) licenses for mobile units.
The basic service fee for fiscal year 2017/2018 shall be the agreed upon fee of
$55,707. Each year of the Agreement thereafter, the basic service fee shall be adjusted
from the previous year in accordance with Section 3.A. hereinabove. The projected
annual service fee adjustment will be reported to the Town Manager of the Town of Gulf
Stream 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 15c
Section 4. City's Responsibilities: The City shall provide dispatching and
communication services to include the handling of:
a. Radio dispatching of police and 911 calls. All medical and fire calls
received will be transferred to Palm Beach County Fire Rescue (PBCFR) to be
dispatched to the Delray Beach Fire Department (DBFD).
b. Radio dispatching of non -emergency calls.
C. City Communications Dispatch will dispatch a Town police officer to
all fire and medical calls. If a Town 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
ninety (90) 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. 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 communication personnel 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 of the assigned or responding officer
h. 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.
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:
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(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:
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:
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(1) Parking lot accidents with no injuries;
(2) Any incident involving non -criminal matters 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 or 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 (30) 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.
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
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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 upon request, the City may
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 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 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 Communication Manager or Commander of
I,
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 complaint form 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 Commander 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 Commander 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.
This meeting may be held as one of the above specified quarterly meetings.
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.
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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 "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
Cooperative" and Palm Beach County. Specifically, the Town agrees and understands
that Section 9 and Section 15.06 of the Interlocal Agreement, as amended, are hereby
incorporated in their entirety into this Agreement. Further, the City hereby agrees that it
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will not pursue alternative communications operations that would not include the Town
without the written consent from the Town Manager.
Section 9. 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 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
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 11. 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.
The Town shall hold the City, its officials, agents, and employees harmless and shall
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defend them against any and all claims of any kind whatsoever resulting from the acts,
omissions or negligence of the Town, its officials, agents, or employees related to this
Agreement, subject to the limited waiver of sovereign immunity set forth at 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. The terms and conditions set forth in this Section 11. shall
survive the term of this Agreement.
Section 12. 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 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 Town should
terminate the Agreement as herein provided and prior to September 30, 2022, the
applicable annual payment referred to in Section 3 shall be refunded on a pro rata
basis.
Section 13. 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
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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, 2022, 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, Jurisdiction, and Attorneys Fees. All disputes arising
from or related to this Agreement shall be brought, if at all, in a court of competent
jurisdiction in Palm Beach County, Florida. Each party shall bear its own attorney's fees
and costs, including fees and costs on appeal.
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, Florida
100 N.W. 1 st Avenue
Delray Beach, Florida 33444
Town: Office of the Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33444
Notice given by or to the attorney by 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 required to be 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 304' day of a - 6k4 , 2017.
ATTEST: CITY OF DELAY BEACH, FLORIDA
By:
Katerri John n, City Clerk ckstein, Mayor
R. relax Lohari City Attorney
ATTEST:
Rita Taylor, ToWn Clerk
Approved as to form and
I r O
Town City.Attorney
TOWN OF GULF STREAM, FLORIDA
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