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HomeMy WebLinkAboutItem #04 Approval of Interlocal Agreement for Police Communication Services between the City of Ocoee, the City of Windermere and the Township of Windermere ocoee florida AGENDA ITEM COVER SHEET Meeting Date: January 5, 2016 Item # 4- 4 Reviewed By: Contact Name: Stephen G. McCosker 1 Department Director: Chief Contact Number: X 3055 City Manager: Rob Frank �///• Subject: Interlocal Agreement for Police Communication Services between the City of Ocoee, the City of Windermere and the Township of Windermere Background Summary: The City of Winter Garden provides police dispatch services for the City of Ocoee. In February of 2016, the City of Winter Garden will provide police dispatch services for the Township of Windermere. The Township of Windermere is only approximately two square miles and employs a total of thirteen full time and reserve sworn law enforcement officers. Their radio traffic and calls for service are minimal. In order for the City of Winter Garden to provide dispatch services for the Township of Windermere, the City of Ocoee has been requested to enter into an Interlocal Agreement for Dispatch Services between the City of Winter Garden Police Department, the Township of Windermere and the City of Ocoee. As part of the Interlocal Agreement, the City of Ocoee would agree to allow the Township of Windermere to utilize the City of Ocoee's radio talk groups and provide a City of Ocoee police officer for back-up of the Township of Windermere police officers in the case of a felony-in-progress, life threatening situations and/or assume control of the scene until the Township of Windermere can assume control. In cases where it would be more expedient the City of Ocoee may handle the call for service through utilization of the already in place Municipal Interlocal Voluntary Cooperation Mutual Aid Agreement. Issue: Should the Honorable Mayor and Board of City Commissioners approve the signing of the Interlocal Agreement for Police Communication Services? Recommendations Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve this Interlocal Agreement for Police Communications Services. Attachments: Proposed Interlocal Agreement for police dispatching services between City of Ocoee and City of Winter Garden and the Township of Windermere. Financial Impact: There are no new finical impacts to the City of Ocoee. Type of Item: (please mark with an x') Public Hearing For Clerk's Dept Use: Ordinance First Reading x Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A 2 INTERLOCAL AGREEMENT FOR POLICE DISPATCHING SERVICES between CITY OF WINTER GARDEN,FLORIDA and TOWN OF WINDERMERE, FLORIDA and CITY OF OCOEE, FLORIDA This AGREEMENT is entered into by and between the Town of Windermere, Florida, a municipal corporation existing under the laws of the State of Florida (referred to as "CONTRACTOR"), the City of Ocoee, Florida, a municipal corporation existing under the laws of the State of Florida (referred to as "SUBCONTRACTOR") and the City of Winter Garden, Florida, a municipal corporation existing under the laws of the State of Florida (referred to as"VENDOR"). WHEREAS, the VENDOR maintains an around-the-clock Communications Center which provides 911 call taking and dispatching services for the Winter Garden and Ocoee Police Departments; and WHEREAS, the police department for the Town of Windermere requires dispatching services; and WHEREAS,the VENDOR is willing to provide police dispatching services to the CONTRACTOR. NOW,THEREFORE,the parties hereby agree as follows: A. SERVICES TO BE PROVIDED BY THE VENDOR: Beginning on the effective date,the VENDOR agrees to: 1. Provide all police dispatching services required within the corporate limits of CONTRACTOR's jurisdiction. Calls for such services are to be directed to telephone numbers provided by the VENDOR, in addition to 911 calls, and the VENDOR will dispatch the CONTRACTOR's police units in response to such calls. 2. Provide necessary instruction and training in the proper use of radios and other communications equipment utilized by the parties. 3. Maintain an appropriate means of identifying Calls for Service generated within the CONTRACTOR's jurisdiction. 4. Keep adequate records, including the assignment of appropriate case/event numbers, in regard to the handling of calls for the CONTRACTOR. 1 5. Agree to provide to CONTRACTOR with access 24 hours a day, 7 days a week, in accordance with state and federal laws and regulations and with various contractual agreement, to information contained in the Florida Crime Information Center System (FCIC), National Crime Information Center System (NCIC), National Law Enforcement Telecommunications System (NLETS), other state and national criminal justice information systems, motor vehicle registry, driver license registry, boat registry, and administrative information systems as required to perform their law enforcement functions. 6. Provide programming changes to the CONTRACTOR's equipment to the extent such is available through the VENDOR to ensure it remains functional and can interface with the VENDOR's Communications Center. B. CONTRACTOR'S RIGHTS AND RESPONSIBILITIES: The CONTRACTOR agrees to: 1. On the effective date of this agreement, CONTRACTOR must, at their expense, have the necessary CTS-America software to be compatible with VENDOR's computer aided dispatch system, CAD, reporting system and records management system. Throughout the term of this agreement and unless otherwise agreed to between the parties, CONTRACTOR agrees to and understands that VENDOR and/or CTS-America shall continue to upgrade the aforementioned systems as software and/or hardware becomes available and that CONTRACTOR 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 VENDOR from upgrading its system. CONTRACTOR understands that under the terms of this agreement it shall be responsible for ensuring that it maintains a maintenance agreement with CTS-America and any respective vendor(s) to ensure the software's efficient functioning that are not otherwise outlined and/or contained herein under the terms of this agreement. 2. CONTRACTOR under the terms of this interlocal agreement shall install, at their expense, a communications line (such as a T-1, Metro E, DSL, etc.) between the VENDOR and the CONTRACTOR for means of communicating data transmissions between the respective municipalities. The VENDOR shall be the responsible party to ensure that the line is operating from the Information Technology equipment(server) maintained by the VENDOR to the CONTRACTOR's router. The router and any equipment on the opposite side of the CONTRACTOR's router shall remain the responsibility of the CONTRACTOR's Information Technology Department. 2 3. CONTRACTOR shall observe the instructions and procedures to be provided by VENDOR for the use of radios and for coordination of dispatching efforts under the terms of this agreement. CONTRACTOR may have a representative coordinate with the representative of VENDOR with respect to the revisions or other updates as necessary to the VENDOR's Communications Center policies and procedures manual. CONTRACTOR shall enforce the policies of such with its members. 4. CONTRACTOR shall provide radio equipment for use by CONTRACTOR's personnel to include handheld (portable) and/or vehicle mounted (mobile) radios that are capable of communicating with the VENDOR's Communications Center. 5. CONTRACTOR 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. CONTRACTOR also may be charged a fee for any and all programming, updates, modifications, or changes in the VENDOR's Communications system for the CONTRACTOR to include console, portable, or mobile programming. Any costs incurred by VENDOR for the specific aforementioned services shall be negotiated in advance with the CONTRACTOR's signatory agent or designee. 6. In situations where the CONTRACTOR'S Chief of Police or his designee directly dispatches police units, the VENDOR's Communications Center is to be notified as soon as possible as to the location and nature of the call to which the CONTRACTOR'S unit has been dispatched. 7. CONTRACTOR shall provide the VENDOR's Communications Manager with a list of persons who are authorized to direct the dispatching of police units for the CONTRACTOR and shall provide a list of all duly sworn and employed Windermere police personnel, contact phone numbers, and pager numbers of such. 8. CONTRACTOR is responsible for any costs associated with the recording of police talk groups that are not covered under the VENDOR's or SUBCONTRACTOR'S maintenance contract. 9. CONTRACTOR shall be responsible for giving all data to VENDOR which may be needed for VENDOR to update all CONTRACTOR records entered by VENDOR 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. 10. In order for the VENDOR's Communications Center 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, CONTRACTOR will be required to send a copy of the initial and/or recovery request, on acceptable forms as agreed upon by the VENDOR's Communications Center to the Communications 3 Center not to exceed forty-eight (48) hours after the original request for entry. If this request is not received, the VENDOR's Communications Center may cancel the entry from the system and will provide written notification to the CONTRACTOR's Chief of Police. 11. 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 CONTRACTOR and all contacts for validation of said records will be the sole responsibility of the CONTRACTOR. When the entries are validated, CONTRACTOR shall forward notification to the VENDOR's Communications Center with the case numbers and case status. Any failure by the CONTRACTOR 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. 12. This agreement in no way restricts the response patterns of the CONTRACTOR, allowing CONTRACTOR to dictate the number and type of emergency units that should be deployed on each type of emergency call in CONTRACTOR's service area. 13. CONTRACTOR agrees that the 911 surcharge monies collected by Orange County on behalf of CONTRACTOR shall be directed to and made payable to the VENDOR since VENDOR shall be the answering point for the 911 calls originating out of the Town of Windermere. These monies are independent of, and shall not be applied towards,the compensation for services as outlined in Section H. 14. CONTRACTOR agrees and fully understands that VENDOR may agree at a later date to provide a talk group on VENDOR's 700/800 trunked radio system, however, VENDOR makes no guarantee either written or implied as to the coverage of the radio system within the coverage area of CONTRACTOR's emergency response area. 15. The CONTRACTOR 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 VENDOR. Costs associated with this programming shall be the responsibility of the CONTRACTOR. 16. CONTRACTOR shall be responsible for the maintenance of the individual laptops assigned to their personnel and owned by the CONTRACTOR under the terms of this agreement. 17. CONTRACTOR understands that in order to ensure effective use of the software, that the VENDOR, SUBCONTRACTOR and CONTRACTOR are required to upgrade CTS- 4 America Software simultaneously and agrees that software updates shall be coordinated with the VENDOR's IT Director prior to updating their system. 18. CONTRACTOR is in agreement that there are continued costs associated with maintaining connectivity to VENDOR (such as data links and router) and CTS-America software. Upon termination of this agreement, CONTRACTOR understands that CONTRACTOR shall be responsible for the cost of transferring and/or maintaining this equipment and software. 19. CONTRACTOR shall be responsible for providing any and all data to CTS-America for the data transfer and set-up of table for the initial startup under the terms of this agreement. 20. CONTRACTOR shall provide dedicated communications circuit(s) linking VENDOR to CONTRACTOR for the purposes of providing a ring-down phone outside of the Windermere Police Department and associated Fire Departments for after hour access to the communications personnel. C. SERVICES NOT COVERED OR PROVIDED 1. CONTRACTOR agrees that the following services and fees are the responsibility of CONTRACTOR: Lease cost for pagers and/or wireless phone devices to be carried by Windermere police personnel, which are coded to receive automatic alerts from the VENDOR's Computer Aided Dispatching system. 2. Purchase of Mobile Data Computers (MDC) and Automatic Vehicle Location (AVL) in vehicle equipment and leased airtime for use by CONTRACTOR's personnel. 3. Mobile Data Computer Aided Dispatching software licenses and maintenance costs for CONTRACTOR's units. 4. Mobile Data Computer Field Reporting software licenses and maintenance costs for CONTRACTOR's units. 5. Purchase of mobile, portable and/or console radios for use by CONTRACTOR. 6. CONTRACTOR agrees and is of the understanding that they shall install or have installed by a vendor of their choice any and all communications lines for direct dial ring-down emergency communication phones between the Windermere Police Department and any Fire Stations that service the CONTRACTOR's area. It shall be CONTRACTOR's responsibility to maintain these communication lines and to ensure that any repairs are conducted as needed. CONTRACTOR also shall remain the responsible party for the monthly costs for these communication lines. 5 D. MUTUAL COOPERATION: 1. The SUBCONTRACTOR agrees to allow the CONTRACTOR to utilize and be dispatched on their radio talk groups. 2. The SUBCONTRACTOR agrees, based upon the availability of resources, to allow the SUBCONTRACTOR'S units to be dispatched into CONTRACTOR's jurisdiction when: a. A felony-in-progress or life-threatening situation is reported,or b. A police unit from CONTRACTOR'S agency is unable to respond. SUBCONTRACTOR'S police units that have been so dispatched will do what is necessary upon arrival on the scene to assume control of the situation until the CONTRACTOR'S agents arrive and are able to assume control unless it is more expedient for the SUBCONTRACTOR'S agents to just handle the call for service. 3. Any response by SUBCONTRACTOR'S units per the terms of "D. 2." of this agreement will be deemed to be a formal request for assistance by the CONTRACTOR in accordance with the Municipal Inter-Local Voluntary Cooperation Mutual Aid Agreement. E. MUTUAL AID: This agreement does not provide CONTRACTOR'S sworn law enforcement officers with any authority to take law enforcement action within the VENDOR'S or SUBCONTRACTOR'S jurisdictions other than that provided pursuant to any separate Mutual Aid Agreement in effect between the parties. F. INDEMNIFICATION The VENDOR, CONTRACTOR and SUBCONTRACTOR do not assume any liability for the acts, omissions, or negligence of the other. To the extent permitted by Section 768.28, F.S., each shall indemnify and hold the other harmless from all claims, damages, losses, and expenses arising out of or resulting from the performance of their respective operations under this agreement. G. TERM OF AGREEMENT 1. This Agreement shall take effect upon execution and approval by the hereinafter named officials, and shall continue in full force and effect until September 30, 2018, unless terminated prior thereto by any and all parties herein. 6 2. A party may terminate this Agreement for convenience by providing advance written notification to the other party, at least sixty (60) days prior to any termination. In the event of such termination, payment will be made on a pro rata basis to the date of termination. H. COMPENSATION 1. During the term of this Agreement, the cost to the CONTRACTOR will be calculated as follows: a. The cost for the fiscal year beginning October 1, 2015 and ending September 30, 2016 will be $38,192.00 for a full year. The parties recognize that the services cannot be commenced by October 1, 2015 so beginning with the mutually agreed upon implementation date the cost will be pro-rated at $3,182.67 per month if less than a full quarter and then paid in equal quarterly payments of $9,548.00 thereafter(due in October,January, April, and July). b. The cost for the fiscal year beginning October 1, 2016 and ending September 30, 2017, shall not exceed a 10% increase above the previous fiscal year cost. Fees will be paid in equal quarterly payments and will be due in October,January,April, and July. c. The cost for the fiscal year beginning October 1, 2017 and ending September 30, 2018, shall not exceed a 10% increase above the previous fiscal year cost. Fees will be paid in equal quarterly payments and will be due in October,January, April, and July. 2. Whenever there is an annexation or a new development is built,the VENDOR reserves the right to increase the yearly cost to the CONTRACTOR based upon the projected increase in calls for service or CONTRACTOR's police personnel. I. MISCELLANEOUS PROVISIONS 1. It is understood that the services called for in the Agreement do not include telephone complaint report writing or walk-in complaint handling by the VENDOR or SUBCONTRACTOR. 2. The following individuals are hereby appointed by the respective parties to address and resolve any questions or complaints regarding matters covered under this Agreement. VENDOR—Chief of Police CONTRACTOR—Chief of Police 7 SUBCONTRACTOR-Chief of Police 3. All amendments to the Agreement shall be in writing and signed by all parties. 4. The written Agreement supersedes all previous agreements between the parties and is the total and complete agreement between the parties. IN WITNESS OF THE FOREGOING, the parties have executed this Agreement on the date indicated below. TOWN OF WINDERMERE CITY OF WI► • AR' "Or By:B -A_ By: _� Mayor May Date: Date: / ///2-1(5 ATTEST BY: ATTES ' BY: 1 (t, y-c City Clerk As City CI-rk , CITY OF OCOEE By: Mayor Date: ATTEST BY: City Clerk 8