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1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
January 10, 2008 Meeting Type: Regular Ordinance #: Crick ~~ere to enter text,
Consent Agenda: Yes Resolution #: 27-07/08
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Entering into an agreement with Jupiter Inlet Colony to provide dispatch services.
3. BUDGET /FINANCIAL IMPACT:
Account #: 001-171-342.105 JIC-Dispatch Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
~~,. ~ ~ `° ~ .~_ ~,_ ~ .;~~~ here tr~t'nta" ,.~-kt.
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an iter~~.
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4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Jupiter Inlet Colony has requested that the Tequesta Police Department become their emergency
dispatch provider.
5. APPROVALS:
Dept. Head: ~ Finance Director:
Attorney: (for legal sufficiency) 5~'f'r itAtia-~t~s, ~~ Yes ~ No ^
Village Manager:
SUBMIT FOR COUNCIL DISCUSSION: [~
APPROVE ITEM:
DENY ITEM: ^
,~EOUesTq TEQUESTA POLICE DEPARTMENT ~ •
• ~~-
Ao~;~~ MEMORANDUM
EP7
To: Michael R. Couzzo, Jr.
Village Manager
From: Captain D. J. "Rick" Ricciar i
Date: December 20, 2007
Subject: VILLAGE OF TEQUESTA/TOWN OF JUPITER INLET COLONY DISPATCH
AGREEMENT
Attached for your consideration is an agenda item for January 10, 2008; a request to
approve the Village of Tequesta enter into an agreement with Jupiter Inlet Colony to
provide dispatch services to their community.
Jupiter Inlet Colony has approved a service fee of $500.00 per year for this service.
I respectfully request that Council approve Resolution No. 27-07/08.
Tequesta Police Department
Memorandum
McCollom, William
From: Scott G. Hawkins [shawkins@jones-foster.com]
Sent: Tuesday, November 20, 2007 11:48 AM
To: McCollom, William; Couzzo, Michael
Cc: Odum, Lorraine S.
Subject: FW: Jupiter Inlet Colony / Tequest/ dispatch services agreement
Attachments: 12H5160-indemnification clause dispatc.DOC
Gentlemen,
Last evening I sent the atty for Jupiter Inlet Colony my proposed language on the indemnification language in the dispatch
services agreement. I just received word that my proposed language is acceptable. Accordingly, Chief, pls insert my
proposed language in the draft on you system and thereafter return to me for delivery to the Inlet Colony's counsel. Let
me know if you have any questions.
Note, the agreed language is in the attached document in word format.
Scott G. Hawkins, Esq.
Board Certified in Business Litigation Law by the Florida Bar
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0460
Facsimile (561) 650-0436
shawkins(a~iones-foster.com
www. Tones-foster. com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s)
named above. This message and its attachments may be an attorney-client communication and, as such, is privileged
and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, you are hereby notified that you have received this document in error and that any review,
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From: Scott G. Hawkins
Sent: Monday, November 19, 2007 6:21 PM
To: vance doney
Cc: Odum, Lorraine S.
Subject: Jupiter Inlet Colony / Tequest/ dispatch services agreement
Bill,
I have drafted proposed language to cover the indemnification issue. My client just advised that my proposed language is
fine. Please review and advise if it is acceptable. Did your office prepare the initial draft of the agreement?
I look forward to hearing back. I am in tomorrow and Wednesday morning and then I am out through next Monday
morning. My direct is 561-650-0459.
Tequesta Police Department
Thanks.
Memorandum
Scott G. Hawkins, Esq.
Board Certified in Business Litigation Law by the Florida Bar
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, Suite 1100
505 South Flagler Drive
West Palm Beach, FL 33401
(561) 659-3000
DID (561) 650-0460 .
Facsimile (561) 650-0436
shawkinsCa~iones-foster.com
www. jo nes-foster. com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s)
named above. This message and its attachments may be an attorney-client communication and, as such, is privileged
and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, you are hereby notified that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please notify us immediately by a-mail, and delete the original message.
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RESOLUTION NO. 27 - 07/08
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT FOR DISPATCH SERVICES BETWEEN
THE VILLAGE OF TEQUESTA AND JUPITER INLET COLONY FOR A
SERVICE FEE OF $500.00 PER YEAR
WHEREAS, Chapter 163.01 of the Florida Statutes permits 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.
WHEREAS, the Village Council deems it desirable to enter into dispatch services
with Jupiter Inlet Colony, Florida, a political subdivision of the State.
NOW, THEREFORE, BE !T ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 A Police Communications Agreement with Jupiter Inlet Colony
attached hereto as Exhibit "A" and incorporated by reference as part of this
Resolution is hereby approved.
1
The foregoing Resolution was offered by
moved its adoption. The motion was seconded by _
and upon being put to a vote, the vote was as follows:
who
For Adoption Against Adoption
Mayor Jim Humpage
Vice-Mayor Pat Watkins
Council Member Dan Amero
Council Member Tom Paterno
Council Member Calvin Turnquest
The Mayor thereupon declared the Resolution duly passed and adopted this
day of , 2007.
MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Lori McWilliams, CMC
Village Clerk
2
POLICE COMMUNICATIONS AGREEMENT
THIS AGREEMENT, entered into this day of , 2007,
by and between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation,
hereinafter referred to as "Village" and the TOWN OF JUPITER INLET COLONY, FLORIDA,
a municipal corporation, hereinafter referred to as "Town".
W ITN ESSETH:
WHEREAS, the Town desires to enter into an agreement with the Village in order
to obtain Police Dispatching and Communications Services from the Village.
NOW, THEREFORE, the Village 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 30,
2011.
Section 3. Payment of Service Fee.
A. The Village will provide police communication services to the Town and the
Town is paying a fee to the Village for these services. For the fiscal years commencing
October 1, 2007, and ending September 30, 2011, 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, 2007, the Town and the Village
agree that the service fee shall be $500.00.
The adjustment for fiscal year 2008/2009, 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 15th, of each year. The service fee shall be paid to the Village by December
31 of each year for that fiscal year beginning October 1.
Section 4. Villaee`s Responsibilities. The Village shall provide dispatching and
communication services to include:
a. Radio dispatching of police emergency calls.
b. Radio dispatching of non-emergency calls.
c. Village 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 Sheriff's 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. 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 imminent
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 Village 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 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
complaints by either party may be initiated via aface-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 Village
shall be directed only to the Police Department's Support Services Commander.
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 the response may be sent via facsimile transmission.
Complaints and responses shall only be addressed to and from the following individuals:
Village of Tequesta:
Police Commander of Support Services
357 Tequesta Drive
Tequesta, Florida 33469
Town of Jupiter Inlet Colony:
Chief of Police
1 Colony Road
Jupiter Inlet Colony, Florida 33469
Section 7. Meetings. At least once each year, the Village Police Commander of
Support Services 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
Village/Town Manager any revisions, additions or deletions.
Upon mutual agreement, the Village/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. Investieations. Discussion and Neeotiation for Future
Communications Operations
Both parties recognize and agree that internal and external influences may cause
the Village to investigate and pursue alternative communications operations including,
but not limited to, sharing, merging or transferring operations with another community
or entity. The Village 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. Further, the Village 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 Village shall
provide only communication services and dispatching services except that the Village
may unilaterally add any communications, dispatch, mobile data, information or record
keeping services that enhances the Village'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 communication and records keeping for the Town's service area is in harmony
with the communications and records keeping of the Village.
In the event that the Village 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 Village, amend Section 4 of this Agreement which may
necessitate a negotiated amendment by the Village to Section 3 of this Agreement.
Section 12. Hold Harmless. The Village, 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 Village harmless and shall indemnify and defend
the Village and its personnel against any claims arising from acts, omissions and / or
negligence of the Town, including its officials, agents and employees. Likewise, the
Village shall hold the Town harmless and shall indemnify and defend the Town and its
personnel against any claims arising from acts, omissions and / or negligence of the
Village, including its officials, agents and employees. The responsibilities and obligations
referenced herein shall be limited by Fla. Stat. §§ 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 hereto, shall be
borne by the entity (eg Village or Town) employing such personnel or owning such
equipment. The Town and Village shall carry sufficient insurance to cover all such
liabilities.
Section 13. Termination of Aereement by the Town. The Town may terminate
this Agreement at any time following sixty (60) days written notice to the Village. 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 Village are a party or to relieve
the Town or the Village 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, 2011, the
applicable payment referred to in Section 3 shall be refunded on a pro rata basis.
Section 14. Termination of Agreement by the Vitlaee. The Village 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 Village is a party or
to relieve the Town or the Village of any liability for its negligence or the negligence of
their respective employees occurring while this Agreement is in effect. If the Village
should terminate this Agreement as herein provided and prior to September 30, 2011,
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:
Village: Office of the Village Manager
Village of Tequesta, Florida
357 Tequesta Drive
Tequesta, Florida 33469
Town: Office of the Town Manager
Town of Jupiter Inlet Colony
1 Colony Rd
Jupiter Inlet Colony, Florida 33469
Notice given by or to the attorney of either party shall be as effective as if given
by or to said party.
Section 18. Villaee Retains Exclusive Control. The Village 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. Villaee's Rieht to Limit Access. The Village shall have the right to
limit, direct or deny access, to individua- 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 Village'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
ATTEST:
Village Clerk
day of , 2007.
VILLAGE OF TEQUESTA, FLORIDA
By:
Jim Humpage, Mayor
Approved as to Form:
Village Attorney
ATTEST:
own Clerk
TOWN OF JUP 'ER INLET ¢OLyL
By: ~
ohn Zuccarelli, ayor
Y. FLORIDA
?~ IL