Loading...
HomeMy WebLinkAboutItem #08 Approval of Contract Amendment for Police Communication Services with the City of Apopkalk4R'0%/� florida AGENDA ITEM COVER SHEET Contact Name: Contact Number Meeting Date: October 7, 2014 Item # Reviewed By: Charles J. Brown Department Director: Chief X 3022 City Manager: Rob Frank Subject: Contract Amendment for Police Communication Services with the City of Apopka Background Summary: The police department is requesting that the City Commission amend the police communications services contract with the City of Apopka. The communications services contract with Apopka ended September 30 2014, the amendment would extend the contract one year with a more favorable termination clause. The amended terms would allow termination after six months with 60 days prior notice. After the sixth month the contract goes to a month to month basis. When the agreement with Apopka is terminated the police department intends to enter into a police communication services contract with the City of Winter Garden. The police department is currently in negotiations with the City of Winter Garden for these services. The final terms and conditions are being settled but the payment for services are favorable. The two cities share the State Road 50 corridor and the west Orange County community and this future contract will only enhance police services for both communities. The Winter Garden and Ocoee Police Departments have shared a long law enforcement relationship and look forward to an even closer relationship with the future communication services agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve the amendment of the current contract with the City of Apopka? Recommendations Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve this amendment to the contract for Police Communications Services. Attachments: Proposed Amendment to the Interlocal agreement for police dispatching services between City of Apopka and City of Ocoee; Interlocal agreement for police dispatching services dated Sept. 29, 2009. Financial Impact: The dispatching services are budgeted for in the 2014 -15 budget at $567,415. Termination of this agreement after 6 months provides for the funds necessary to enter into a dispatching services contract with Winter Garden Police Department for the remainder of the 2015 fiscal year. Type of Item: (please mark with an 'V) Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney Drafted on 9 -24 -2014 N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 AMENDMENT TO INTERLOCAL AGREEMENT FOR POLICE DISPATCHING SERVICES Between CITY OF APOPKA, FLORIDA and CITY OF OCOEE, FLORIDA THIS AMENDMENT TO INTERLOCAL AGREEMENT FOR POLICE DISPATCHING SERVICES ( "Amendment ") is entered into as of the day of 2014 by and between THE CITY OF APOPKA, FLORIDA, a Florida municipal corporation, whose mailing address is P.O. Drawer 1229, Apopka, Florida ( "Apopka ") and THE CITY OF OCOEE, FLORIDA, a Florida municipal corporation, whose mailing address is 150 N. Lakeshore Drive, Ocoee, Florida 34761 ( "Ocoee ") WITNESSETH: A. Apopka and Ocoee entered into that certain Interlocal Agreement for Police Dispatching Services effective September 29, 2009 (the "Agreement "). B. Apopka and Ocoee desire to amend the Agreement as more particularly described herein. NOW, THEREFORE, for and in exchange of good and valuable consideration, receipt and sufficiency of which being here acknowledged, the parties do hereby agree as follows: 1. Recitals; Defined Terms The foregoing recitals are incorporated herein by reference as if they are set forth below. All capitalized terms used in this Amendment, unless otherwise defined herein, shall have the meanings ascribed to them in the Agreement. 2. Payment of Services Rendered Section 5 of the Agreement is hereby amended to include the following at the end thereof: Notwithstanding anything contained in this agreement to the contrary, for the period commencing October 1, 2014 through April 30, 2015, Ocoee agrees to pay Apopka a total amount of Three Hundred Thousand and No /100s ($300,000.00) for the services provided for in this agreement in two quarterly payments. The first quarterly payment shall be made on or before January 1, 2015 and the second quarterly payment shall be made on or before May 1, 2015. In the event this agreement is still then in effect, effective May 1, 2015 and continuing until the termination of this agreement, Ocoee agrees to pay Apopka Forty Seven Thousand Sixty One Dollars and 58/100s ($47,061.58) per month as payment for the services provided for in this agreement. 3. Term Section 7.13 of the Agreement is deleted in its entirety and replaced with the following: IN WITNESS WHEREOF, this Amendment is entered into as of the date the last of the parties shall execute this Amendment as set forth below. Signed, Sealed and Delivered in the Presence of: CITY OF APOPKA, FLORIDA Print Name: Print Name: By: Joe Kilsheimer, Mayor Date: ATTEST: Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF APOPKA, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of .20 City APPROVED BY THE APOPKA CITY COMMISSION AT A MEETING HELD ON , 20_ UNDER AGENDA ITEM NO. By: City Attorney 3 INTERLOCAL AGREEMENT FOR POLICE DISPATCHING SERVICES between CITY OF APOPKA, FLORIDA and CITY OF OCOEE, FLORIDA THIS INTERLOCAL AGREEMENT is made and entered into as of the day of S iep4e itber 2009 by and between the City of Apopka, a Florida Municipal Corporation, hereinafter referred to as "APOPKA ", whose mailing address is P.O. Drawer 1229, Apopka, FL 32712 -1229 and the City of Ocoee, a Florida Municipal Corporation, hereinafter referred to as "OCOEE ", whose mailing address is 150 N. Lakeshore Drive, Ocoee, FL 34761: WITNESSETH: WHEREAS, both APOPKA and OCOEE currently operate and maintain modern emergency communications facilities capable of receiving and dispatching public safety personnel; and WHEREAS, Ocoee's dispatching services are currently undertaken by Ocoee personnel utilizing equipment owned by Orange County (the "Ocoee Dispatching Equipment ") and maintained by Ocoee; and WHEREAS, the parties hereto recognize that it is desirable to enter into this Agreement to provide superior communications services for the benefit of both agencies, more particularly herein; and WHEREAS, Apopka owns and maintains a twenty-four (24) hour public safety communications center located at the Apopka Fire Administration Building, 175 E. 5th Street, Apopka, Florida (the "Apopka Communications Center "); and WHEREAS, Ocoee recognizes this agreement is for the benefit of the general public and is authorized by and entered into pursuant to Chapter 163, Florida Statutes, and has requested Apopka to provide dispatching services for the Ocoee Police Department from the Apopka Communications Center and has agreed to be bound by the provisions of this interlocal agreement; and WHEREAS, Apopka recognizes this agreement is for the benefit of the general public and is authorized by and entered into pursuant to Chapter 163, Florida Statutes, and has agreed to provide dispatching services for the Ocoee Police Department from the Apopka Communications Center and has agreed to be bound by the provisions of this interlocal agreement; and WHEREAS, pursuant to the terms of this agreement, Ocoee plans to discontinue the provision of dispatching services for the Ocoee Police Department and have such services performed by Apopka personnel at the Apopka Communications Center and to transfer the Ocoee Dispatching Equipment to the Apopka Communications Center for use by Apopka personnel in performing the services called for by this agreement. NOW THEREFORE, in consideration of mutual promises, terms and conditions contained herein and other good and valuable consideration, it is agreed by and between the City of Apopka and City of Ocoee. SECTION 1: APOPKA'S RIGHTS AND RESPONSIBILITIES A. Apopka shall provide twenty -four (24) police dispatching services for the Ocoee Police Department in response to "911" calls, receive and process ten -digit telephone calls for emergency service, direct dial, or other agency request for the service provided within the areas of the City of Ocoee's jurisdiction. Apopka agrees to answer all "911 PSAP" calls at its public safety answering point in the following time frame for Ocoee calls for service: Percentage of Time 95% 96% 97% Seconds Answered In 5 Seconds 7.5 Seconds 10 Seconds The percentage of time in answering the calls for service shall be calculated over a given month period. B. Apopka will receive and transfer emergency medical and fire calls for service, including notifications for automatic fire alarms, and automatic aid and mutual aid for fire services to Orange County, as agreed upon pursuant to a separate Interlocal Agreement for Fire Dispatch Services between the City of Ocoee and the Orange County Fire Services Division or such comparable agreement as may be entered into between Ocoee and Orange County subsequent to the date of this agreement or as otherwise directed by Ocoee in the event the foregoing agreement with Orange County termninates. This agreement in no means shall imply that the City of Apopka shall or will track statistical data related to the calls for emergency medical and fire services within the City of Ocoee. C. Apopka shall provide an Apopka Communications Division Policies and Procedures manual outlining formally established regulations to Ocoee and shall provide Ocoee with any updates thereof. D. Apopka shall keep adequate records and recordings including assignment of appropriate means of identification of Calls for Service and provide access to this information to Ocoee law enforcement officers or the general public as required by the appropriate public records laws. E. Apopka shall provide access to Ocoee law enforcement personnel, 24 hours a day, seven days a week, to information contained within the Florida Crime Information Center (FCIC) system, National Crime Information Center (NCIC) system and Orange County Sheriff's Computer System. The Orange County Sheriffs records shall be limited to those records that the Sheriff deems appropriate to share with neighboring law enforcement agencies. Apopka shall not be responsible for errors contained within the aforementioned system regarding information entered into the system by any other agency. In addition, Apopka shall not be responsible for loss of service or access to the aforementioned systems due to circumstances beyond Apopka's control. This is 2 2009 OCOEE INTERLOCAL AGREEMENT to include, but not limited to: disasters; instances when the system is down due to work by the Florida Department of Law Enforcement, the Orange County Sheriff's Office, Florida Crime Information Center system or the National Crime Information Center system or other networks connected to these systems of which Apopka does not control; routine maintenance; or unforeseen computer problems of Apopka owned equipment or the Ocoee Dispatching Equipment. F. Apopka shall enter law enforcement information into the FCIC and /or NCIC system upon the order of a duly certified law enforcement officer of the City of Ocoee according to the laws, rules and regulations of the Florida Department of Law Enforcement (FDLE), FCIC and NCIC. G. Apopka shall notify Ocoee when any record is canceled and/or modified in accordance with FDLE, FCIC and /or NCIC standards. Apopka will notify the Ocoee Police Chief or his designee of cases that require validating. The validation confirmations shall be returned to Apopka within 20 days of mailing date. In addition, Apopka shall maintain records in accordance with the aforementioned agency standards including removing entered information when the proper validations and /or documentation are not received by Apopka from Ocoee and Apopka shall not be held liable for any consequence due to the removal of the record according to the above agency standards. The Apopka Chief of Police reserves the right to remove any and all records from the aforementioned system(s), after notification to Ocoee for failing to validate the records in accordance with the rules and regulations established by the Florida Department of Law Enforcement. H. Apopka shall maintain records of all entries and cancellations in the aforementioned system for review by the City of Apopka's Administration, the Florida Department of Law Enforcement and the City of Ocoee or the public as authorized by public records laws. Apopka shall also maintain all 911 tapes and dispatch tapes for review by the City of Apopka's Administration, the Florida Department of Law Enforcement and the City of Ocoee or the public as authorized by public records laws. I. On the effective date of this agreement, the Apopka and Ocoee computer aided dispatch system, CAD, reporting system and records management system are compatible. Throughout the term of this agreement and unless otherwise agreed to between the parties, Ocoee agrees to and understands that Apopka shall continue to upgrade the afore mentioned systems as software and /or hardware becomes available and that Ocoee shall upgrade the necessary software and /or hardware to ensure that the aforementioned software and /or hardware provide for the best public safety responses to their respective communities. Every effort will be made to ensure that this is a coordinated effort between the respective cities but in no way restrict Apopka from upgrading its system. Ocoee understands that under the terms of this agreement it shall be responsible for ensuring that it maintains its current maintenance agreement with CISCO Public Safety Software and any 3 2009 OCOEE INTERLOCAL AGREEMENT respective vendor(s) to ensure the softwares efficient functioning that are not otherwise outlined and /or contained herein under the terms of this agreement. J. Apopka shall provide dedicated dispatching circuit(s) linking Apopka to Ocoee for the purposes of mobile computer terminals, printing or stationary computers. K. Unless requested by Ocoee, Apopka will not record any talk groups not covered by Apopka's maintenance contract and if any additional talk groups are requested to be monitored by Ocoee, Ocoee shall pay for any associated costs. L. In the event Apopka receives a public records request for Ocoee records maintained by Apopka pursuant to this agreement, Apopka will forward any such request to Ocoee and Ocoee will be responsible for responding to such request. Apopka will not release any such records without first consulting with Ocoee to determine whether such records are entitled to be released under the public records law. Notwithstanding the foregoing, Apopka shall not be held liable for damages due to the release of any information as required by law. M. All Ocoee records maintained by Apopka pursuant to this agreement shall be maintained and retained by Apopka in accordance with the applicable records retention schedule. N. Ocoee currently records the primary police talk groups and Ocoee agrees to provide Apopka with the necessary equipment for recording said talkgroups. Apopka will continue to record the foregoing as part of the services provided under this agreement. Ocoee shall be responsible for any maintenance to the recording equipment used for the sole purpose of recording Ocoee's transmission. O. Apopka will accept delivery of the Ocoee Dispatching Equipment and utilize it in connection with the providing of the services required by this agreement. Following Apopka's acceptance thereof, Ocoee shall maintain maintenance contracts for the Ocoee Dispatching Equipment and portable radio provided to Ocoee's personnel and shall be responsible for any and all associated costs . P. Apopka under the terms of this interlocal agreement shall install a T -1 communications line subject to the acceptance of "Addendum B" between the City of Apopka and the City of Ocoee for means of communicating data transmissions between the respective cities. The City of Apopka shall be the responsible party to ensure that the line is operating from the Information Technology equipment (server) maintained by the City of Apopka to the router which will be located at the City of Ocoee. Any equipment on the opposite side of the router located at the City of Ocoee shall remain the responsibility of the City of Ocoee Information Technology Department. 4 2009 OCOEE INTERLOCAL AGREEMENT SECTION 2: OCOEVS RIGHTS AND RESPONSIBILITIES A. Ocoee shall observe the instructions and procedures to be provided by Apopka for the use of radios and for coordination of dispatching efforts under the terms of this agreement. Ocoee may have a representative coordinate with the representative of Apopka with respect to the revisions or other updates as necessary to the Apopka Communications Center policies and procedures manual. Ocoee shall enforce the policies of such with its own members. B. Ocoee shall provide radio equipment for use by Ocoee's personnel to include handheld (portable) and/or vehicle mounted (mobile) radios that are capable of communicating with the Apopka Communications Center. C. Ocoee shall retain ownership of the portables and mobiles under their control and shall be responsible for all associated costs of maintenance of and /or replacement of such. Ocoee also may be charged a fee for any and all programming, updates, modifications, or changes in the Apopka Communications system for the City of Ocoee to include console, portable, or mobile programming. Any costs incurred by Apopka for the specific aforementioned services shall be negotiated in advance with the Ocoee signatory agent or designee. D. In situations where the Ocoee Chief of Police or his designee directly dispatches police units, the Apopka Communications Center is to be notified as soon as possible as to the location and nature of the call to which the Ocoee unit has been dispatched. E. Ocoee shall provide the Apopka Communications Manager with a list of persons who are authorized to direct the dispatching of police units for Ocoee city business and shall provide a list of all duly sworn and employed Ocoee police personnel, contact phone numbers, and pager numbers of such. F. Ocoee is responsible for any costs associated with the recording of police talk groups that are not covered under the City of Apopka's maintenance contract. G. Ocoee shall be responsible for giving all data to Apopka which may be needed for Apopka to update all Ocoee records entered by Apopka into the FCIC and /or NCIC system in accordance with FDLE established policy and procedures. This is to include ensuring the validation process of the records is conducted in a manner consistent with established rules and regulations. H. In order for the Apopka Communications Division to comply with validation policies set forth by the Florida Department of Law Enforcement, Florida Crime Information Center system and the National Crime Information Center system, Ocoee will be required to send a copy of the initial and /or recovery request, on acceptable forms as agreed upon by the Apopka Communications Division to the Communications Center not to exceed forty-eight (48) hours after the original 2009 OCOEE INTERLOCAL AGREEMENT request for entry. If this request is not received, the Apopka Communications Division may cancel the entry from the system. I. Validations are accomplished by reviewing the original entry and current supporting documents and recent consultation with any appropriate complainant, victim, prosecutor, court, motor vehicle registry file, or other appropriate source or individual. The original report shall be maintained by the Ocoee Police Department and all contacts for validation of said records will be the sole responsibility of the Ocoee Police Department. When the entries are validated, Ocoee shall forward notification to the Apopka Communications Division with the case numbers and case status. Any failure by the Ocoee Police Department to validate the records within the 20 days provided under this agreement may result in the record being cancelled from the appropriate FCIC/NCIC system. J. This agreement in no way restricts the response patterns of the City of Ocoee, allowing Ocoee to dictate the number and type of emergency units that should be deployed on each type of emergency call in Ocoee or any other jurisdiction to which Ocoee provides service. K. Ocoee agrees that the 911 surcharge monies collected by Orange County on behalf of Ocoee shall be directed to and made payable to the City of Apopka since the Apopka shall be the answering point for all 911 calls originating out of the City of Ocoee. L. Ocoee agrees and fully understands that Apopka may agree at a later date to provide a talk group on Apopka's 700/800 trunked radio system, however, Apopka makes no guarantee either written or implied as to the coverage of the radio system within the coverage area of Ocoee's emergency response area. Ocoee further understands and agrees that at anytime in the future, the City of Apopka may negotiate the institution of a user fee for the use of radio equipment owned and operated by the City of Apopka for the transmission and receiving of radio communications. Any fees shall be agreed upon by both parties to this agreement and would be considered operational services and outlined in an addendum to be attached at a later date. M. The Ocoee Dispatching Equipment shall be delivered by Ocoee to Apopka at Apopka's Communications Center for use by Apopka in providing the services required under this agreement. Ownership of the Ocoee Dispatching Equipment shall not be changed by virtue of this agreement. N. The City of Ocoee shall be the responsible party to ensure that the necessary programming of their PBX System occurs and that all non - emergency 10 digit communication lines are transferred to the designated phone number at the City of Apopka. Costs associated with this programming shall be the responsibility of the City of Ocoee. 6 2009 OCOEE INTERLOCAL AGREEMENT O. Ocoee shall be responsible for the maintenance of the individual laptops assigned to their personnel and owned by the City of Ocoee under the terms of this agreement. P. Ocoee understands that in order to ensure effective use of the software, that both the City of Apopka and the City of Ocoee are required to upgrade CISCO Software simultaneously and agrees that software updates shall be coordinated with the Apopka IT Director prior to updating their system. Q. Ocoee is in agreement that there are continued costs associated as outlined in "Addendum B" of this interlocal agreement which requires that the City of Apopka enter into contract with various companies in order to provide an associated cost savings to the City of Ocoee. Should the City of Ocoee elect to terminate this interlocal agreement prior to the end of the interlocal agreement. Ocoee understands that Ocoee shall be billed the appropriate share of the initial cost of the contract as outlined in "Addendum B ". R. Ocoee shall be responsible for providing any and all data to CISCO for the data transfer and set -up of table for the initial startup under the terms of this contract. Costs for this service are provided in " Addemdum A ". S. Ocoee shall provide dedicated communications circuit(s) linking Apopka to Ocoee for the purposes of providing a ringdown phone outside of the Ocoee Police Department and associated Fire Departments for after hour access to the communications personnel. SECTION 3: SUPPLEMENTAL / OPERATIONAL SERVICES Ocoee may elect, and at any time during this agreement, to purchase those supplemental services from Apopka that are listed in Addendum "A & B ". Services purchased under the addendums are considered "services" and Apopka shall retain all proprietary right, title, or interest to services. Upon termination of this Agreement, Ocoee shall not be entitled to any of the intellectual software, property, equipment or devices purchased by Apopka, unless otherwise negotiated and documented in the associated Memorandum of Understanding (MOU). SECTION 4: SERVICES NOT COVERED OR PROVIDED Ocoee agrees that the following services and fees are the responsibility of Ocoee:Lease cost for pagers and /or wireless phone devices to be carried by Ocoee police personnel, which are coded to receive automatic alerts from the Apopka Computer Aided Dispatching system. A. Purchase of Mobile Data Computers (MDC) and Automatic Vehicle Location (AVL) in vehicle equipment and leased airtime. 7 2009 OCOEE INTERLOCAL AGREEMENT B. Mobile Data Computer Aided Dispatching software license's and maintenance costs for Ocoee units. C. Mobile Data Computer Field Reporting software license's and maintenance costs of Ocoee units. D. Purchase of mobile, portable and /or console radios for use by Ocoee. E. Ocoee agrees and is of the understanding that they shall install or have installed by a contractor of their choice any and all communications lines for direct dial ring down emergency communication phones between the Ocoee Police Department and Ocoee Fire Stations. It shall be Ocoee's responsibility to maintain these communication lines and to ensure that any repairs are conducted as needed. Ocoee also shall remain the responsible party for the monthly costs for these communication lines. SECTION 5: PAYMENT OF SERVICES RENDERED The intent of this section of the interlocal agreement is to establish method of payment by Ocoee to Apopka for providing public safety dispatching services as set forth in this agreement. Payment is established by this interlocal agreement and paid by Ocoee to Apopka. The payment is subject to periodic cost adjustments as set forth in the following table: Dispatching Services: YEAR TIME PERIOD % INCREASE DOLLAR INCREASE ANNUAL FEE Year 1 October 1, 2009 to September 30, 2010 NONE NONE $432,100.00 Year 2 October 1, 2010 to September 30, 2011 5.5% $23,766.00 $455,866.00 Year 3 October 1, 2011 to September 30, 2012 5.5% $25,073.00 $480,939.00 Year 4 October 1, 2012 to September 30, 2013 5.5% $26,452.00 $507,391.00 Year 5 October 1, 2013 to September 30, 2014 5.5% $27,907.00 F $535,298.00 A. Terms: 1. Ocoee shall pay an annual fee for services described in this interlocal agreement to the City of Apopka. The annual fee shall be paid in equal quarterly payments commencing on October 1 st of each year and every three months thereafter. A late fee of 1.5% per annum may be assessed for any quarterly payment not received within thirty (30) days of due date. 8 2009 OCOEE INTERLOCAL AGREEMENT 2. Should the percentage of calls increase by more than 10% over the previous year, city representatives from Ocoee and Apopka will review the call data and determine if an adjustment in the annual fee is necessary in order to equitably allocate the cost incurred by Apopka SECTION 6: WORKER'S COMPENSATION / HOLD HARMLESS A. Any employee of Ocoee (whether paid or not; or working within the scope of, or under the direction of an Ocoee employee), who is dispatched in accordance with this agreement, shall be deemed to have been acting within the course and scope of his employment with Ocoee and not Apopka. Said employee shall be subject to the sole control and supervision of Ocoee and shall not be construed to be an employee of Apopka. B. To the extent permitted by law and without waiving sovereign immunity, Ocoee shall indemnify and hold harmless the City of Apopka from any and all claims or litigation arising out of dispatching services provided by Apopka for Ocoee except in the case of negligence by Apopka with respect to the provision of such services. This includes, but is not limited to, payment of any and all damages and reimbursement for attorney's fees and costs incurred by Apopka as a result of such claims or litigation. C. Any employee of Apopka (whether paid or not; or working within the scope of, or under the direction of an Apopka employee), who is performing services for Ocoee in accordance with this agreement, shall be deemed to have been acting within the course and scope of his employment with Apopka and not Ocoee. Said employee shall be subject to the sole control and supervision of Apopka and shall not be construed to be an employee of Ocoee. It is not the intent of this agreement to differentiate between Apopka employees assigned to perform Ocoee function versus Apopka functions. SECTION 7: EFFECTIVE DATE AND TERM A. The agreement shall be effective as of the date of the signatories and shall continue in full force and effect until the this agreement is renegotiated and amended, or unless either party delivers written notice to the other party of its intention to terminate this agreement. The notice of such termination shall be with just cause based upon a violation of this agreement and shall be made in writing and served personally or by certified mail to the Chief Administrative Officer of the City of Apopka on behalf of Ocoee or to the City Manager of Ocoee on behalf of Apopka. B. The terms of the agreement shall remain in full force for term of five (5) years, beginning on/or about October 1, 2009 and continuing until September 30, 2014 unless either party delivers written notice to the other party of its intention to terminate this agreement. Each party agrees that should such party elect to terminate this agreement they shall give the other party at least twenty -four (24) months advance notice of their intent to terminate this agreement. C. Notice of termination as set forth above and any other notices which may be required to be provided in writing under this agreement shall be made in writing and shall be 9 2009 OCOEE INTERLOCAL AGREEMENT served personally or by certified mail to the Chief Administrative Officer, City of Apopka, 120 E. Main Street, Apopka, Florida, 32703 or to City Manager, City of Ocoee, 150 North Lakeshore Drive, Ocoee, Florida 34761. D. The services to be provided by Apopka under this agreement shall commence on De +006C,r 1 , 2009. E. The Effective Date of this agreement shall be the day this agreement is last executed by a party hereto and such date shall be inserted on Page 1 of this agreement. SECTION 8: CONFLICT RESOLUTION Apopka intends to work closely with Ocoee to resolve any dispatch issues or service performance conflicts which may arise out of this Agreement. Formal conflict resolution shall use the following procedure: A. The Ocoee Chief of Police or his designee shall discuss (verbally, by email, or in a formal communication) the issue with the Apopka Communications Manager who shall respond within three (3) business days. Apopka's response may be made verbally, by e -mail or in a formal letter response. B. If Ocoee is not satisfied with the response, Ocoee may appeal the decision, within five (5) business days of receipt of the response, to the City of Apopka Chief of Police who shall provide a written response within three (3) business days. C. If Ocoee is not satisfied with the decision of the City of Apopka Police Chief, Ocoee may appeal within five (5) business days of receipt of the response, to the City of Apopka Chief Administrator Officer who shall provide a written response within twenty (20) days. The decision of the Apopka Chief Administrative Officer shall be considered final. The foregoing shall not be construed to authorize Apopka to make unilateral amendments to this Agreement or provide a basis for Apopka disregarding any provision of this Agreement. SECTION 9: MISCELLANY A. It is understood that the services called for in this agreement do not include telephone complaint report writing or walk -in complaint handling by the City of Apopka. B. All amendments to this agreement shall be in writing and signed by all parties. C. This written agreement supersedes all previous agreements between the parties and is the complete agreement between the parties with respect to the subject matter of this Agreement. D. The recitals set forth in the WHEREAS clauses are true and correct. 10 2009 OCOEE INTERLOCAL AGREEMENT E. This agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. F. At any time following a request by the other party, each shall execute and deliver to the other party such further documents and instruments, in form and substance reasonably necessary to confirm and /or effectuate the obligations of either party hereunder. G. Both the City and Apopka shall have the right to enforce the terms and conditions of this Agreement by an action for specific performance; provided, however, that prior to taking any action to enforce this Agreement by an action for specific performance, a 15 day written notice and opportunity to cure shall be given to the other party. H. In the event that either party finds it necessary to commence an action against the other party to enforce any provision of this agreement or because of a breach by the other party of any terms hereof, each party shall be responsible for their attorney's fees and costs. SECTION 10: SECURITY A. If Ocoee maintains a Florida Department of Law Enforcement terminal (FDLE) , an FDLE direct connect, or Mobile Data (or Mobile Computer) terminals used to access NCIC, FCIC or Orange County Computer Services, Ocoee shall maintain a separate FDLE Terminal Agency Coordinator and Point of Contact with FDLE separate from any agreement with Apopka. Apopka shall not be responsible for the security and maintenance of any terminal not under the direct control of the City of Apopka. B. Apopka does not waive any of their exclusive legal rights, statutory or otherwise, associated with the ownership of the proprietary computer programming information or data or intellectual property as defined in Chapter 815 F.S. C. Ocoee acknowledges and understands that Ocoee has no proprietary right, title, or interest whatsoever in the proprietary information programmed into radios and /or computers by Apopka and that Ocoee is allowed to use this proprietary information subject to the provisions of this agreement. D. Ocoee acknowledges and understands that Apopka can, subject to the provisions of this agreement, revoke the use of the proprietary information programmed into the computers and/or radios by Apopka and that upon request of Apopka, Ocoee will immediately make the equipment available to Apopka for removal of the proprietary information. E. Ocoee agrees not to sell, trade, give away, or discard the radio until after the radio has been delivered to Apopka and the proprietary information previously installed by Apopka has been removed by Apopka. Ocoee is not authorized to make any modifications to the information programmed into Ocoee's computers or radios without the prior consent of Apopka. 11 2009 OCOEE INTERLOCAL AGREEMENT F. Ocoee shall not allow anyone access to the proprietary information programmed into Ocoee's computers or radios unless required to do so by law. G. Ocoee shall retain all rights to the user licenses associated with the computer aided dispatch system (CISCO) and will not transfer to Apopka any such license. Ocoee shall obtain a letter from CISCO indicating the number of concurrent licenses that they own at the execution of this agreement and provide it to the City of Apopka IT Director. SECTION 11: IMPLEMENTATION PLAN Staff from Apopka and Ocoee will negotiate and implement specific operational procedures and policies unique to Ocoee's operation. Apopka recognizes that Ocoee may be desirous of meeting the Commission of Law Enforcement Accreditation Standards and will comply and assist Ocoee in their move to become an accredited law enforcement agency with regards to the Communications portion of the accreditation standards. SECTION 12: DISCLAIMER OF THIRD PARTY BENEFICIARIES This agreement is solely for the benefit of the parties hereto. No right, remedy, cause of action or claim shall accrue by reason hereof to or for the benefit of any third party who is not one of the parties executing this Agreement. SECTION 13: ASSIGNMENT OF INTEREST This Agreement may not be assigned, in whole or in part, by any of the parties hereto without the express written consent of the other party. SECTION 14: SEVERABILITY This Agreement is intended to be performed in accordance with and only to the extent permitted by all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provisions to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law. SECTION 15: CONSTRUCTION OF AGREEMENT This Agreement is the result of mutual negotiations between the parties hereto and all parties have contributed substantially and materially to the preparations hereof. Accordingly, this Agreement shall not be construed more strictly against either party. SECTION 16: SIGNED, DATED, AND AGREED: IN WITNESS OF THE FOREGOING, the parties have executed this Agreement on the date indicated below. 12 2009 OCOEE INTERLOCAL AGREEMENT CITY: Witness Printed ame: 'l Witness Printed Name: J l FOR USE AND RELIANCE ONLY BY THE CITY OF APOPKA, FLORIDA; APPROVED AS TO FORM AND LEGALITY this CW9 ay of 2009. CITY OF APOPKA, FLORIDA BY: Richard D. Anderson, Chief Administrative Officer F Date: 9 / APPROVED BY THE APOPKA CITY COMMISSION AT A MEETING HELD ON aA b-c r 0 P- 2009 UNDER AGENDA ITEM NO. FRANK KRUPPENBACHER, Esq. By: City Apttorney 13 2009 OCOEE INTERLOCAL AGREEMENT CITY: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND L GA ITY this day of kV , 20 . FOLEYAIL LARDNER LLP B Y City Attorney 2009 OCOEE INTERLOCAL AGREEMENT CITY OF OCOEE, FLORIDA By: C S. Scott Vandergrift, Mayor ATTEST: Bet Eikenberry, City erk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION AT A ME TING HELD ON O a . , , 2009 UNDER AGENDA ITEM NO. 14 Addendum "A" The following supplemental /optional services are provided by Apopka and may be purchased by Ocoee at any time during the term of this agreement. These additional costs will be added to the cost of services identified in Section 3 and will be billed to Ocoee under mutual agreement between all parties involved. Data Conversion of Old CISCO Records (Ocoee) to Apopka CISCO New Version $15,000.00 MOBILE CISCO CAD & REPORTING Startup Per User Annual Per User Mobile CISCO CAD /CAPS Server Software $253.53 $32.94 Mobile CISCO CAD /CAPS Server Hardware $119.81 $9.00 Mobile Terminal Server $372.67 $37.00 Mobile CAD License Fee (per user)' $0.00 $0.00 Mobile CAPS License Fee (Field Reporting) (per user)' $0.00 $0.00 IT Services (per user) $208.05 $208.05 TOTAL $954.06 $286.99 TOTAL COST FOR CAD /CAPS REPORTING INITIAL START -UP LICENSING Per User Cost Users* Extended Cost Total Mobile Users as requested by Ocoee Police Chief $954.06 60 $57,24160 Total Stationary Users as requested by Ocoee Police Chief $580.72 15 $8,710.80 TOTAL 75 $65,954.40 TOTAL COST FOR CAD /CAPS REPORTING ANNUAL RECURRING UPGRADING/MAINTENANCE Per User Cost Users* Extended Cost Total Mobile Users as requested by Ocoee Police Chief $286.99 60 $17,219.40 Total Stationary Users as requested by Ocoee Police Chief $245.05 15 $3,675.75 TOTAL 75 $20,895.15 I The City of Ocoee under separate agreement with CISCO Public Safety Software, Inc. shall pay the applicable Mobile CAD License Fees. 2 The City of Ocoee under separate agreement with CISCO Public Safety Software, Inc. Shall pay the applicable Mobile CAPS License Fees. 15 2009 OCOEE 1NTERLOCAL AGREEMENT AVL / MAPPING (Note: Ocoee currently does not provide this option available) Startup Per User Annual Per User AVL Mapping Server Hardware & Setup (per mobile user) $103.21 $6.00 AVL Mobile Map (per mobile user)* $915.00 $120.00 Yearly Mobile AVL $240.00 $120.00 WEB Access Optional to Review 75 Yearly Mobile AVL/Web (per mobile user) $ I20.00 $60.00 IT Services (per mobile user) $148.61 $148.61 TOTAL $1,526.82 $454.61 * Each vehicle requires NEMA compliant GPS antenna. TOTAL MOBILE PER USER COSTS 1 $2,480.88 1 $741.60 1 Mobile CAD and CAPS can be purchased separate and independent of the AVL /Mapping portion of this addendum. (Note that the following cost are subject to change based upon the participating cities and are to sure and definite cost associated with these services). AVL / MAPPING INITIAL START -UP LICENSING Per User Cost Users* Extended Cost Total Mobile Users as requested by Ocoee Police Chief $2,480.88 60 $148,852.80 Total Stationary Users as requested by Ocoee Police Chief $2,480.88 15 $37,213.20 TOTAL 75 $186,066.00 AVL / MAPPING ANNUAL RECURRING UPGRADING /MAINTENANCE Per User Cost Users* Extended Cost Total Mobile Users as requested by Ocoee Police Chief $741.60 60 $44,496.00 Total Stationary Users as requested by Ocoee Police Chief $741.60 15 $11,124.00 TOTAL 75 $55,620.00 TRAINING & OTHER OPTIONAL EXPENSES Startup Per User Annual Per User RSA WEB Authenticator (per fixed user) $300.00 $300.00 Mobile CISCO CAD /CAPS Training (per day) $1,000.00 AVL Installation & Training (per day) $1,200.00 The cost associated with the above services are subject to all participating cities agreeing to participate in the mobile computer aided dispatching, mobile records submission and automated vehicle locating program. Those agencies 16 2009 OCOEE INTERLOCAL AGREEMENT involved in this portion of the program would include the City of Maitland, and Town of Eatonville. The City of Apopka reserves the right to re- allocate the cost above should any of the aforementioned participants elect not to participate. Cost of these services shall be negotiated by Apopka and Ocoee staff and shall reflect the actual or prorated cost of the equipment and service being provided. Apopka will provide an itemized invoice to the City to fully document the services requested and provided in accordance with the mutually agreed upon cost. Ocoee acknowledges that Apopka retains the right to modify, change or alter any and all software applications in the future without the implied or expressed consent of Ocoee. Note the cost presented in Addendum A are conditional on the pricing presented by CISCO and are subject to increase based on CISCO changing their pricing structure. 2009 OCOEE INTERLOCAL AGREEMENT 17 Addendum "B" The following supplemental services are provided by Apopka and must be purchased in order for data communications between the respective cities under the terms of this agreement. These additional costs will be added to the cost of services identified in Section 3 and will be billed to Ocoee under mutual agreement between all parties involved. A. Data Communications Link: Communications Type Monthly Term Cost Per Month Cost Per Year T -1 Data Link 36 Month Agreement* $338.00 $4,056.00 T -1 Data Link 24 Month Agreement* $348.00 $4,176.00 T -1 Data Link 12 Month Agreement* $358.00 $4,296.00 * The City of Apopka must enter into an agreement with Time Warner Communications for the T -1 Data Communications Link between the City of Apopka and the City of Ocoee. Cost above are associated with the terms of the commitment made by the City of Ocoee and agreed to by the City of Apopka. B. Initial Set -Up Fee(s): Service /Item Type Total Required Cost Each Extended Costs Installation Fee for T -1 * $250.00 T -1 Router 2 Routers Required $2,500.00 $5,000.00 * This cost is billed to th City of Apopka by Time Warner Communications. Routers are required at each end point of the T -I Line in order to communicate. Apopka will provide an itemized invoice to Ocoee to fully document the services requested and provided in accordance with the mutually agreed upon cost. 18 2009 OCOEE INTERLOCAL AGREEMENT