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HomeMy WebLinkAboutAgreement_Interlocal_02/14/2008POLICE COMMUNICATIONS AGREEMENT THIS AGREEMENT, entered into this ~~ day of 1 `~~~uQ/~-1 , 200q,~` 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 Aereement by the Villaee. 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. Aereement Not Assienable. 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 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 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 ~ day of ~~u~ , 200~~ ATTEST: 61,~ ~~ L~ Village Clerk Approv s to Form: ~- .~. Attorney VIL ESTA. FLORIDA ATTEST: S q~ ~`~~: E :n NCORPpRgTED :~ ~' _ 4. 1g~OP~`'~ ~~~s~~~~ Town Clerk ~J 1 c~~ ~~n<''n~ im Humpage,