HomeMy WebLinkAboutAgreement_General_07/22/2017 R201441
INTERLOCAL AGREEMENT
THIS I �L AGREEMENT ("Agreement) is made and entered into on
by and between Palm Beach County, a political subdivision of the
State of Florida ( "County ") and Village of Tequesta, a municipal corporation of the State of
Florida (
WITNESSETH
WHEREAS, the County and the Participant are continually identifying more effective
service delivery methods which result in overall savings to the taxpayers of the County and the
Participant: and
WHEREAS, the County has purchased, designed, installed, and operates a Public Safety
Trunked Radio System that supports the needs of the Palm Beach County Sheriffs Office, Palm
Beach County Fire Rescue, Palm Beach County Emergency Medical Services, and various Palm
Beach County general government agencies; and
WHEREAS, the County and the Participant have determined that the ability to provide
interoperable communications is critical to the effective and efficient provision of public safety
and general government services; and
WHEREAS, it has been determined to be mutually beneficial to both Parties to execute
this Agreement which sets forth the parameters under which the Participant can directly access
the County's Radio System saving the taxpayers money of both the County and the Participant as
well as the opportunity to receive the public safety benefit of interoperability; and
WHEREAS, connection to the County's System through a Municipal Hub is not
technically feasible; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Agreements to jointly exercise any power, privilege or authority which such agencies share in
common and which each might exercise separately;
NOW THEREFORE, in conjunction with the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
SECTION 1: PURPOSE AND DEFINITIONS
1.01 The purpose of this Agreement is to set forth the parameters under which the County will
make access to its Public Safety Trunked Radio System ( "System ") available to the
Participant. This Agreement identifies the conditions of use, the cost of access and on-
going use, and the ability of the Participant to participate in the operational decisions
relating to the Public Safety Radio System.
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1.02 Definitions
1.021 Common Countywide Talk Groups Talk groups established on the County's System that
are made available to County agencies, municipalities and other non - County agencies.
1.022 Participant Equipment Also known as "agency radios," are Participant owned 800 MHz
handheld and mobile radios and control stations that have the ability to be programmed
and used on the County's System.
1.023 Microwave System: A communications system utilizing frequencies in the microwave
range to route audio and control signals between sites in a multi -site communications
system.
1.024 Prime Site The location of the County's SmartzoneTM Controller.
1.025 SmartZone Controller The SmartZone Controller is the central computer that manages
and controls the operation of the System. The SmartZone Controller manages access to
System features, functions, and talk - groups.
1.026 System The Public Safety Trunked Radio System funded, purchased, installed,
maintained and owned by the County. The System includes fixed transmitting and
receiving equipment, a microwave system for communications between sites, System
control and management equipment, dispatch consoles, a SmartZone controller located at
the prime site and other related equipment.
1.027 System Administrator An employee within the Electronic Services & Security Division
of the Facilities Development & Operations Department with the title Radio System
Administrator who is responsible for day to day administration and management of the
System and the County's designated contact person pursuant to various sections of this
Agreement.
SECTION 2: ADMINISTRATION OF THE COUNTY'S PUBLIC SAFETY RADIO
SYSTEM AND USAGE PROCEDURES
2.01 The Palm Beach County Electronic Services & Security Division is charged with
responsibility for administering the System. The Public Safety Radio System
Administrator will be the Participant's day to day contact and can be reached at 561-233 -
0837. The Electronic Services & Security Division is staffed from 8:00 a.m. to 5:00
p.m., Monday through Friday, excluding County holidays. After hours emergency
contact will be made through the County's Emergency Operations Dispatch Center at
561 -712 -6428 and the appropriate contact will be made.
2.02 The Network Administration Plan as identified in Attachment 1, is to identify the general
procedures for the management of the System and procedures for input into operating an
P g Y P P P g d
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technical policy development. The plan established the Countywide Radio Steering
Committee ( CRSSC), who is responsible for overseeing and implementing the policies
and procedures for the System.
2.021 The CRSSC is supported by User Committees in each discipline utilizing the
System. The Participant shall assign representatives to attend User Committee meetings
for each of the law enforcement, fire- rescue, and public works disciplines for which the
Participant has subscriber units programmed on the System. Participants at these
meetings will discuss all System maintenance and administration issues. As agreed to by
the User Committee members, issues discussed and approved at the meetings shall be
forwarded to the Network Administrator and /or the CRSSC for final approval and
implementation.
2.03 The Participant shall follow all policies and standard operating procedures in place at the
time of this Agreement, a list of which are included in Attachment 1, as well as those
developed in the future and issued to the Participant by the System Administrator. The
Participant agrees to comply with any enforcement actions required by these policies and
procedures for misuse or abuse of the System.
SECTION 3: 800 MHz AND MICROWAVE SYSTEM MAINTENANCE AND REPAIR
PROGRAM
3.01 The County Public Safety Trunked Radio System and Microwave System consists of ten
(10) transmit and receive sites with co- located microwave equipment and three (3)
microwave only sites that provide network connectivity as well as the ability to
interconnect with co- located County owned dispatch equipment.
3.02 The Count will perform routine and preventative County p p e maintenance on the System according
to its established procedures. This maintenance includes trouble shooting and making all
repairs on a 24/7/365 basis as well as performing preventive maintenance on the System
including, but not limited to, radio and microwave equipment, control /management and
alarm systems, towers and equipment shelters and backup power generators and air
conditioners. Neither this maintenance nor the annual System maintenance charge
includes dispatch consoles. The Participant will pay the County an annual charge of
$154.00 per unit for maintenance of the System. The annual cost of maintenance will be
reviewed every three (3) years starting January 3, 2015 and may be adjusted for the
following fiscal year by notice to the Participant no later than April 1 st, by the County's
Facilities Development & Operations Department. In any case, the cost of maintenance
to the Participant shall be equal to that charged to a County Department.
3.03 In the event of termination of this Agreement by County and with no fault of the
Participant, the Participant shall be reimbursed the pro rata share of maintenance fees
based on the date of termination. In the event of termination by the Participant, no
maintenance fees will be reimbursed.
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SECTION 4: PARTICIPANT RESPONSIBILITIES AND EQUIPMENT
4.01 The Participant's Equipment will be 800 MHz mobile, portable, and control station
equipment programmed to be used on the System. The equipment used will be
compatible with Motorola 800 MHz SmartZone communication systems. Equipment
other than that manufactured by Motorola shall be approved by the System Administrator
prior to purchase by the Participant. The Participant will be required to keep its
equipment in proper operating condition and the Participant is solely responsible for
maintenance of its radio equipment.
4.02 Within 15 days of execution of this Agreement, the Participant is to provide the County
with a single Participant Representative who is the Participant's single point of contact
for matters relating to this Agreement.
4.03 Within 15 days of the execution of this Agreement, the Participant is to provide the
County with a list of persons /positions, which are authorized to request programming
changes to existing units or new units. No programming will be undertaken by the
Participant until requested and approved in writing by the System Administrator.
4.031 The Participant will only program the Common Talk Groups into its radio that are
authorized by the County to the Participant for its use. The Participant shall not program
talk groups of other agencies into its radios without a letter of authorization or a signed
agreement from the County. The System Administrator shall be provided with all such
authorization letters from cities.
4.032 The Participant will be required to program the Common Countywide Falk
Groups which reside on the System for use by the Participant for interagency
communications into its radios. The calling talk groups, in addition to one operational
talk -group for the applicable discipline shall be required as a minimum. The Participant
may include Common Talk Groups as necessary to meet their operational requirements.
These talk groups shall be in addition to the mutual aid channels required by the Florida
Region Plan.
4.033 The Participant may request the use of encryption, but the utilization of such
capabilities is only for covert use and not for daily dispatch communications. The County
will assign digital ID's in an amount equal to 10% of the Participant's analog ID
allocation. The Participant will be responsible to provide the County the Digital ID
assignments as required by Section 4.07. Should the Participant require access to the
encrypted talk - groups by their dispatch center they will need to allow the "Key Loading"
of the Participant's encryption code into the System by the County or its service provider.
4.034 If regionalized "Hub" systems are added to the System and if required to maintain
capacity on the System, the Participant signing this Agreement may be requested to
reassign their radios to one of the "Hub" systems. If the Participant is requested to be
reassigned, the Participant shall agree to reassign their radios to the Hub providing that
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the County maintains the equivalent radio coverage within the Participant's boundaries
and County pays to reprogram the Participant's radios.
4.04 The Participant shall receive certain access codes to the System and shall be responsible
to safeguard the code information from release to unauthorized parties. The Participant
shall be responsible for notifying the System Administrator prior to, or within 2 hours of
terminating employees or commercial service providers which had knowledge of the
access codes so that the access codes can be modified and the System secured.
4.041 Service staff directly employed by the Participant shall be considered authorized
to receive access and programming codes for the maintenance of the Participant's radio
equipment.
4.042 Commercial service providers are not considered authorized to receive access or
programming codes for the System. Agencies that plan to use commercial services for
their subscriber maintenance must include confidentiality requirements in their contracts
with the service providers. These requirements must be reviewed and approved (which
approval will not be unreasonably withheld) by the System Administrator prior to the
Participant executing its contract with a commercial service provider.
4.05 The Participant is solely responsible for the performance and the operation of the
Participant Equipment and any damages or liability resulting from the use thereof.
Should the County identify malfunctioning Participant Equipment; the County will
request that the Participant discontinue use of the specific device until the repairs are
completed. The County may, after proper written notification to the Participant and with
the concurrence of the CRSCC, disable the equipment from the System if the device is
causing interference to the System. In the case of lost or stolen equipment, the
Participant will notify the System Administrator by e -mail or fax authorizing the System
Administrator to disable the equipment. The Participant will provide the Radio ID
number and the serial number of the radio. The System Administrator will advise back
via e -mail when the radio has been disabled. A request by the Participant to re- activate a
disabled unit will also be required by e -mail or fax to the System Administrator.
4.06 As of this time, the System does not support the use of roaming, private call, or telephone
interconnect. In the future the County may activate some or all of these features should
the loading of the System allow. The Participant will not program these features into the
Participant's radios. If roaming, private call, and /or telephone interconnect are allowed
on the System in the future, the Participant may, at its own expense, reprogram the
Participant's radios. The County will provide an amendment to this Agreement defining
the uses and required programming should these features become available on the
System.
4.07 The Participant will be required to provide to the County an initial inventory of the radios
that are proposed to be programmed onto the System. The Participant will provide the
following information to the County:
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I . Radio manufacturer and model numbers.
2. Radio serial numbers.
3. Requested aliases to be programmed.
4. List of programming changes requested.
5. Talk group required.
6. Common talk groups required.
7. Other agency talk groups required.
The System Administrator will then compile this information and transmit back to the
Participant a matrix of the approved talk groups, aliases, and radio ID numbers prior to
the Participant's radios being programmed into the System. The Participant is
responsible for adhering to the talk group and radio ID allocations established by the
County. The County's talk group and radio ID allocations are on file with the County
and available upon request.
4.08 Nothing in this Agreement shall represent a commitment by the County or shall be
construed as intent by the County to fund any portion of the Participant's Equipment.
SECTION 5: SYSTEM RENEWAL AND REPLACEMENT FUND
5.01 The County implemented an 800 MHz System Renewal and Replacement Fund
("Replacement Fund "). The purpose of this fund is to provide a structured "savings plan"
by which the cost of the equipment renewal and replacement is prorated over the
estimated life of the System and paid on an annual basis throughout that life. The
Replacement Fund is used for replacement of dispatch consoles. The Replacement Fund
may be used to expand the System as determined appropriate by the County, however the
Replacement Fund will not be used to expand or add dispatch consoles.
5.02 The Participant shall pay the County $211.42 per unit per year for the Replacement Fund.
The annual Replacement Fund contributions may be reviewed every three (3) years
starting January 3, 2015 and may be adjusted for the following fiscal year by notice to the
Participant by the County's Facilities & Operations Department issued by April I ". In
any case, the cost shall be equal to that charged to a County Department.
5.03 In the event of a termination of this Agreement by the Participant or the County, the
Participant will not be reimbursed for any contributions to the Replacement Fund.
SECTION 6: ONE TIME SYSTEM ACCESS CHARGE
6.01 The Participant will pay a one -time access charge for each subscriber unit on the System
in the amount of $2089.00 per unit. Each subscriber unit added to the System will be
charged the same amount at the time the unit is programmed for System access. The one-
time connection charge may be reviewed every three (3) years starting January 3, 2015
and adjusted for the following fiscal year by notice to the Participant by the County's
Facilities Development & Operations Department issued by April I". In any case, the
cost shall be equal to that charged to a County Department.
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6.02 In the event of any termination of the Agreement, the one -time access charges will not be
reimbursed.
SECTION 7: ANNUAL BUDGET INFORMATION INFORMATION TO BE PROVIDED
7.01 The County may review and update the fees and charges as identified in Sections 3, 5 and
6 once every three (3) years and transmit same to the Participant prior to April I" for the
following fiscal year beginning October I". These revised fees and charges will be
applicable for the upcoming fiscal year and will automatically become a part of this
Agreement on October I" of the applicable year.
7.02 The Participant will be responsible for estimating the number of units which it will have
on the System for the upcoming fiscal year and budgeting accordingly based on the fees
and charges described in Section 7.01. In order to assist the Participant, the County will
compile a list of the active radios that the Participant has on the System in the current
year and will transmit information described in Section 7.01 for information purposes
only. The Participant shall be responsible for budgeting for any additional radios that it
proposes to add to the System in the current fiscal year.
SECTION 8: BILLING SCHEDULE
8.01 Each November 15` the County will invoice the Participant for the number of radios that
were on the System as of the prior September 30` using the per unit fees and charges
described in Sections 3 and 5 of the Agreement. If the effective date of this Agreement is
between November 15 and September 30` the Participant will be charged pursuant to
Section 8.02.
8.02 Any additional radios which the Participant requests to operate on the System will be
charged fees for a full year pursuant to Sections 3 and 5, regardless of the time of the year
that the additional unit is programmed into the System.
8.03 The County shall prepare and transmit a separate invoice for the one -time access charge
pursuant to Section 6 of this Agreement within 10 days of the Participant's request for
subscriber units to be programmed on the System. The Participant shall pay the one -time
access charge at any time prior to October 15`" of each year, following the effective date
of this Agreement.
8.04 Upon receipt of any invoice, the Participant will immediately review same and report any
discrepancies to the County within 10 days of receipt. Payment will be due to the County
within 30 days of receipt of the invoice (except for invoices issued pursuant to Section
8.03).
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Payment for all invoices shall be sent to:
Facilities Development & Operations
Fiscal Manager
2633 Vista Parkway
West Palm Beach, FL 33411 -5603
Attn: 800 MHz Interlocal Agreement # Invoice #
SECTION 9: COUNTY RESPONSIBILITIES
9.01 The County shall be responsible for the maintenance and operation of the System as set
forth in Section 3. The County shall notify the Participant Representative in advance of
scheduled maintenance which impacts the users of the System and shall respond to
emergencies in the time frames and according to the procedures identified. Routine
maintenance that affects System coverage and /or capacity shall be attempted to be made
during non -peak hours.
9.02 The County shall be responsible for all permitting, licensing, and fees associated with the
operation of the System.
9.03 The County shall be responsible for the management of the Replacement Fund and,
through same, responsible for the capital replacement or expansion of System equipment
and infrastructure as set forth in Section 5.
9.04 The County shall maintain radio coverage within the Participant's municipal boundaries
as described in the contract with Motorola throughout the term of this Agreement except
for times of scheduled preventative maintenance, where it will be required to disable
portions of the network for a pre - determined length of time or during times of System
failures.
9.05 The County will provide notifications of System problems and time for System
restoration to the Participant Representative within the time frames identified in
Attachment 1.
9.06 The County shall be responsible for talk group and fleet mapping management in
accordance with the procedures and policies identified herein.
SECTION 10: INDEMNIFICATION AND LIABILITY
The County makes no representations about the design or capabilities of the County's
System. The Participant has decided to enter into this Agreement and use the County's
System based on its review of the System design, System coverage, manufacturing and
installation details contained in the County's contract with Motorola R98- 2006D, dated
12/01/98 and review of any subsequent field measurements and testing data as may exist.
The County agrees to use its best efforts to provide the Participant with the use of the
System described in the Agreement, but makes no guarantee as to the continual,
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uninterrupted use of the System, or its fitness for the communication needs of the
Participant.
Participant shall, subject to the limits of liability set forth in Section 768.28, Florida
Statutes, indemnify, defend and save County harmless from and against any and all
claims, actions, damages, liability and expense in connection with: (i) loss of life,
personal injury and /or damage to or destruction of property arising from or out of any use
or lack thereof, of the County's System; (ii) use by Participant, or (iii) any act or
omission of Participant, its agents, contractors, employees or invitees. In case County
shall be made a party to any litigation commenced against Participant or by Participant
against any third party, then Participant shall protect, defend and hold harmless and pay
all costs and attorneys fees incurred by County in connection with such litigation, and
any appeals thereof.
The parties to this Agreement and their respective officers and employees shall not be
deemed to assume any liability for the acts, omission, and /or negligence of the other
party. Further, nothing herein shall be construed as a waiver of sovereign immunity by
either party, pursuant to Section 768.28, Florida Statutes.
Neither the County nor the Participant shall be liable to each other or for any third party
claim, which may arise out of the services provided hereunder or of the radio System
itself, its operation or use, or its failure to operate as anticipated, upon whatever cause of
action any claim is based. The System is designed to assist qualified law enforcement,
fire, and other emergency service professionals. It is not intended to be a substitute for
the exercise of judgment or supervision of these professionals. Both parties acknowledge
that the responsibility for providing law enforcement, fire, or other emergency services
rests with the agency which is providing such service and not necessarily either party to
this Agreement.
The terms and conditions of this Agreement incorporate all rights, responsibilities, and
obligations of the parties to each other. The remedies provided herein are exclusive. The
County and the Participant waive all remedies, including, but not limited to,
consequential and incidental damages.
SECTION 11: OWNERSHIP OF ASSETS
All assets maintained under Section 4 of this Agreement will remain assets of the
Participant at all times. Parts incorporated into assets owned by Participant will
immediately become a part of the asset and will be the property of the Participant. All
other assets involved in the System will remain the County's, despite the Participant's
financial contribution to their maintenance, renewal and replacement.
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SECTION 12: TERM OF AGREEMENT
The initial term of this Agreement is for five (5) years and shall commence immediately
upon execution of this Agreement. The Agreement may be renewed for two (2) additional
terms of four (4) years each. At least eight (8) months prior to the expiration of this
Agreement's term, the Participant shall provide the County with a request to renew this
Agreement. Such renewal will require approval of both parties and the County may not
unreasonably withhold its approval of the renewal.
SECTION 13: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment executed by
both the Board of County Commissioners and the Participant Council.
SECTION 14: TERMINATION
This Agreement may be terminated by either party, with or without cause. Any
termination shall be effective only on October 1st of any year and shall be with a
minimum of six (6) months notice. In the event of termination, repayment of financial
contributions, made by the Participant to the County System will be made according to
the applicable sections of this Agreement.
SECTION 15: ANNUAL BUDGET APPROPRIATIONS
The County's and the Participant's performance and obligations to pay pursuant to this
Agreement are contingent upon annual appropriation for its purpose by the Board of
County Commissioners and the Participant's Council.
SECTION 16: NOTICES
Any notice given pursuant to the terms of this Agreement shall be in writing and be
delivered by Certified Mail, Return Receipt Requested. The effective date of such notice
shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be
addressed to the following:
As to the County:
County Administrator
Palm Beach County
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411-5603
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With copies to:
Radio System Administrator
2601 Vista Parkway
West Palm Beach, FL 33411
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
As to the Participant:
Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
With copies to:
Police Chief
Village of 1'equesta
345 Tequesta Drive
Tequesta, FL 33469
Corbett, White and Davis, PA
1 1 I 1 Hypoluxo Road, Suite 207
Lantana, FL 33462
SECTION 17: APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
SECTION 18: FILING
A copy of this Agreement shall be filed with the Clerk & Comptroller, Palm Beach
County,
SECTION 19: ENTIRE AGREEMENT
This Agreement and any Attachments attached hereto and forming a part thereof as if
fully set forth herein, constitute all agreements, conditions and understandings between
the County and the Participant concerning the System. All representations, either oral or
written, shall be deemed to be merged into this Agreement. Except as herein otherwise
provided, no subsequent alteration, waiver, change or addition to this Agreement shall be
binding upon the County or Participant unless reduced to writing and signed by them.
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SECTION 20: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
Constitutional or Statutory duties of the County's or the Participant's officers.
SECTION 21: PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL
AUDIT REQUIREMENTS
Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector General is
authorized with the power to review past, present and proposed County contracts,
transactions, accounts and records. The Inspector General's authority includes, but is not
limited to, the power to audit, investigate, monitor, and inspect the activities of entities
contracting with the County, or anyone acting on their behalf, in order to ensure
compliance with contract requirements and to detect corruption and fraud. Failure to
cooperate with the Inspector General or interfering with or impeding any investigation
shall be a violation of Palm Beach County Code, Section 2 -421 - 2 -440, and punished
pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
SECTION 22: NO THIRD PARTY BENEFICIARY
No provision of this Agreement is intended to, or shall be construed to, create any third
party beneficiary or to provide any rights to any person or entity not a party to
thisAgreement, including but not limited to any citizen or employees of the County
and /or Participant.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST: R 2 O 01 14101037 � 2 2 2014
SHARON R. BOCK PALM BEACH COUNTY, a
CLERK & COMPTROk \\\
f`! C�'��, political subdivision of the State of Florida
By r r Z ByC a_c�t -C ✓
Deputy Clerk ' %, r y. �'�� /Priscilla A. Taylor, Mayor
APPROVED AS TO FORM AND APPROVED AS TO TERMS
LEGAL SUFFICIENCY: AND CONDITIONS:
�1
BY g, tx Q / By: - ✓County Attorney Audr y Wolf, Director
Facilities Development & Operations
ATTEST: VILLAGE OF TEQUESTA
a municipal corporation of the State of
Florida
`"NIX „,, \1
OF TEQU�'
By: C oRgTd'j; By:
�b(1 Yti�Cf I IIC S ” yco o� Q = i�111 C',hQ�l buc
Village Clerk. Village Manager
APPROVED AS TO FORM
"'�TE OF .�`.' ,•
AND LEGAL SUFFIC CY
By: - --
,Vil'lag'e`Attorney
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Attachment I
PALM BEACH COUNTY
PUBLIC SAFETY RADIO SYSTEM
POLICIES AND PROCEDURES
June 2002
Policy / Procedure Title Last Revision Date
1. Countywide Use of 800 MHz System (O.P. # 1 -01) Oct. 1, 2001
2. Countywide Use of 800 MHz System Talk Groups (O.P. # I -04) Oct. 1, 2001
3. Monitoring and Evaluation of Public Safety Radio System Talk
Groups (O.P. # 1 -05) Oct. 1, 2001
4. Emergency Medical Communications (O.P. # 1 -06) Oct. 1, 2001
5. Reporting of Problems and Modifications of the Public Safety
Radio System (O.P. # 1 -07) Oct. 1, 2001
6. Countywide Use of Public Safety Radio System During Times
of Catastrophic Failure which result in non - trunking "conventional"
operation (O.P. # I -10) Oct. 1, 2001
7. Network Maintenance and Administration Plan June 6, 2002