HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-103T R# 12405
September 17, 2013
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO, 2013- U 3
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT
BETWEEN BROWARD COUNTY AND THE CITY OF
TAMARAC FOR PARTICIPATION IN THE CONSOLIDATED
REGIONAL E911 COMMUNICATIONS SYSTEM, ATTACHED
HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN;
AUTHORIZING AND DIRECTING THE CITY MANAGER, OR
HIS DESIGNEE, TO TAKE ANY AND ALL ACTION
NECESSARY TO EFFECTUATE THE INTENT OF THIS
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Broward County ("County") is seeking to establish a consolidated
regional E911 communications system for police, fire and EMS dispatch; and
WHEREAS, Section 5.03(a) of the Broward County Charter. expressly provides
as follows:
The County Commission with cooperation from Municipalities shall
establish a countywide communications infrastructure for fire and
emergency medical services. The County shall provide funding for
the communications infrastructure and all service providers will
utilize the elements of the communications infrastructure. The
communications infrastructure shall facilitate closest unit response
for life -threatening emergencies and support for regional specialty
teams; and
WHEREAS, the County has requested that all municipalities seeking to
participate in the communications system execute a standard' form participation
agreement, attached hereto as Exhibit "A"; and
WHEREAS, notwithstanding the fact that County's participation agreement states
that the County is not legally obligated to fund the communications stem, a legal
Y 9
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TR#12405
September 17, 2013
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position that is in conflict with the County's Charter, the City finds that it is in the best
interests of the citizens and residents of the City to enter into the County's consolidated
regional E911 communications system for police, fire and EMS dispatch.
NOW, THEREFORE, be it resolved by the City Commission of the City of
Tamarac, Florida:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this
Resolution: All exhibits attached hereto and referenced herein are incorporated and made a
specific part of this Resolution.
Section 2.
The City Commission hereby approves the agreement between
Broward County and the City of Tamarac for Participation in the Consolidated Regional
E911 Communications System, attached hereto as Exhibit "A" and incorporated herein.
Section 3. The City Commission hereby further authorizes and directs the City
Manager, or his designee, to take any and all action necessary to effectuate the intent
of this resolution.
Section 4.
All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Section 6.
and adoption.
This Resolution shall become effective immediately upon its passage
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T R# 12405
September 17, 2013
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PASSED AND ADOPTED BY THE CITY C MMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS oa� DAY OF , 2013.
ATTEST:
-PATRICIA TEUF�,, CMC
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
CITY OF TAMARAC FLORIDA
BETH TALABIS
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
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4
8/21/21
�-ao1a- (03
AGREEMENT
between
B ROWARD COUNTY
and
rraJ�C-
for
PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS
SYSTEM
Ov8MI, Vi' Jo �dlo
c3a
00 0 ild 81 ixl EIBI
AGREEMENT
between
BROWARD COUNTY
and
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for
PARTICIPATION IN THE
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS
SYSTEM
This Agreement ("Agreement") is between BROWARD COUNTY, a political
subdivision of the state of Florida, its successors and assigns, by and through its Board
of County Commissioners, hereinafter referred to as "COUNTY";
AND
CITY OF 6, -kL , a municipal
County, Florida, organized and existing under the
hereinafter referred to as "MUNICIPALITY."
RECITALS:
corporation located in Broward
laws of the state of Florida,
WHEREAS, COUNTY created the Broward County Consolidated Communication
Implementation Advisory Board (the "I -Board") consisting of municipal
managers/administrators from all Broward County municipalities, the County
Administrator, the Sheriff or designee, a representative from the Broward County Chiefs
of Police Association, and a representative from the Fire Chiefs Association of Broward
County, to review, consider, and make recommendations to the Board relating to the
creation, governance, funding, and operations of a regional and cooperative
consolidated E-911 communications system; and
WHEREAS, the I -Board issued a final report in February 2013 which contained a
series of recommendations which included a recommendation that Broward County
("COUNTY")create and wholly -fund a cooperative countywide consolidation of E-911
communications to be operated, or contracted for operation, by COUNTY; and
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WHEREAS, the City Commissions of 23 of Broward County's 31 cities passed
resolutions requesting that COUNTY fund the cooperative countywide consolidation of
E-911; and
WHEREAS, the municipal function of providing emergency call processing in a
large county with numerous cities has resulted in a fragmented system of emergency
call -taking and dispatching; and
WHEREAS, COUNTY has determined that the current fragmented system of
emergency call -processing and dispatching is inefficient, costly, and may result in
delays involving the transfer of calls among numerous dispatch centers; and
WHEREAS, the establishment and maintenance of a Consolidated Regional E-
911 Communications System will promote the health, safety, and general welfare
throughout Broward County by improving the safety of first responders and persons
residing or traveling throughout Broward County, eliminate call transfers that result in
delayed responses, result in significant cost savings, and promote efficient and cost
effective migration to consolidated new technologies; and
WHEREAS, COUNTY has determined that it is in the interest of the public health,
safety and welfare of its residents, and those visitors that travel through or spend time
within the boundaries of Broward County to create a Consolidated Regional E-911
Communications System to provide call -taking, teletype (queries only), and dispatching
services which COUNTY shall operate, or contract to operate; and
WHEREAS, COUNTY has invited all municipalities located within Broward
County to .participate in the System; and
WHEREAS, the parties to this Agreement acknowledge and agree that, except
for the unincorporated area of Broward County, COUNTY does not have the legal
obligation to financially support police, fire, and emergency medical service ("EMS")
dispatch within municipalities and COUNTY is voluntarily agreeing, by majority vote of
its Board of Commissioners, to wholly fund police, fire, and EMS dispatch, subject to
available funding; and
WHEREAS, COUNTY, with the cooperation from Municipalities, shall continue to
meet its responsibilities to establish a countywide communications infrastructure for fire
and emergency services as set forth in Section 5.03 of the Charter of Broward County,
Florida; and
WHEREAS, the Consolidated Regional E-911 Communications System "System"
shall consist of COUNTY's unincorporated area, Port Everglades, Fort Lauderdale -
Hollywood International Airport, and any and all municipalities located within the
geographic boundaries of Broward County that enter into this Agreement and agree to
the conditions for participation in the System, NOW THEREFORE,
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In consideration of the mutual covenants and agreements, it is agreed as follows:
ARTICLE 1
1.1 Subject to available funding, the word "shall," as used in this Agreement shall in
all cases be construed to be mandatory and to require the action so
modified by the word "shall" to be taken without regard to the exercise of
discretion.
1.2 COUNTY shall operate, or contract for the operation of, a Consolidated Regional
E-911 Communications System for COUNTY's unincorporated area, Port
Everglades, and Fort Lauderdale -Hollywood International Airport, and
Participating Communities. The System shall operate subject to the control,
internal operating rules and regulations of COUNTY.
1.3 MUNICIPALITY agrees, as a condition to COUNTY's obligation to provide
System Services, to: (i) take all actions which may be required by
MUNICIPALITY to migrate to COUNTY's Computer Aided Dispatch System
(CAD) communication platform no later than October 1, 2013, or such later date
as may be established by COUNTY, (ii) execute the standard form Regional
Interlocal Agreement ("RILA") providing for cooperative participation in a regional
public safety intranet prior to October 1, 2013, and (iii) take and perform such
other actions, in cooperation with COUNTY, as COUNTY may reasonably
request to enable COUNTY to implement and provide for the operation of the
System. A copy of the RILA is attached hereto as Exhibit "A." The terms,
conditions and financial obligations of the parties executing the RILA shall remain
separate and distinct from the obligations herein.
1.4 MUNICIPALITY [does or does not] have a Host PSAP location within its City
Limits.
ARTICLE 2
DEFINITIONS
The following contains the definitions of the terms as applied to this Agreement:
2.1 Administrator. The term "Administrator" or "County Administrator" shall mean the
County Administrator of Broward County government by the Charter of Broward
County, Florida.
2.2 Agreement. The term "Agreement" shall mean this Agreement between
COUNTY and MUNICIPALITY.
2.3 Administrative
Call.
The
term "Administrative
Call" shall mean a call
received
in
a Host PSAP
that
is not
an Emergency Call
or a Non -Emergency
Call and
is
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specific to a Participating Community. An Administrative Call is not part of the
Consolidated Regional E-911 Communications System responsibility.
2.4 Board of County Commissioners. The term *"Board of County Commissioners" or
"County Commissioners" or "County Commission" shall mean the Board of
County Commissioners of Broward County, Florida.
2.5 Ca ital. The term "Capital" shall mean costs for machinery, equipment, vehicles
or other tangible assets that are used in operations and that have initial useful
lives extending beyond a single reporting period. The term Capital shall exclude
(i) call -taking and dispatch equipment and other capital items that are purchased
by COUNTY pursuant to the provisions of Section 5.03A of the Charter of
Broward County, (ii) capital improvements to Host PSAP facilities, and (iii) the
costs of machinery, equipment, vehicles or other tangible assets that are used in
operations which are located in a PSAP that has not been designated as a Host
PSAP by COUNTY.
2.6 City Limits. The term "City Limits" shall mean the geographical areas of a
Participating Community as they currently exist or as may be amended during
p g
the term of this Interlocal Agreement or any Renewal Term.
2.7 Consolidated Regional E-911 Communications System or System. The term
"Consolidated Regional E-911 Communications System" or "System" shall mean
the consolidated call -taking, teletype (queries only) and dispatch functions of
Emergency Calls and Non -Emergency Calls, as defined herein, for fire services,
emergency medical services and police services.
2.8 COUNTY. The term "COUNTY" shall mean, depending upon the context, either
(a) the geographical area contained within unincorporated Broward County,
Florida, a political subdivision of the state of Florida, or (b) the government of
Broward County, acting through the County Commission or its designee.
2.9 Emergency Call. The term "Emergency Call" shall mean a call that requires
immediate law enforcement, fire rescue, or EMS call for service dispatch, or a
combination thereof. Alarm lines are included within the definition of an
Emergency Call.
2.10 Fiscal Year. The term "fiscal year" shall mean October 1 to September 30.
2.11 Host PSAP. The term "Host PSAP" shall mean a facility providing the service
and housing the equipment and personnel that provide E-911 call -taking, teletype
(queries only), and dispatching services for the Consolidated Regional E-911
Communications System and specifically designated by the COUNTY as a Host
PSAP.
Ell
2.12 Non -Emergency Call. The term "Non -Emergency Call" shall mean a call
received in a Host PSAP that does not require an immediate response from law
enforcement, fire rescue, or EMS call for service dispatch or any combination
thereof
2.13 Operational Expenses. The term "Operational Expenses" shall mean the
necessary Personnel Costs and operating costs to support the call -taking,
teletype (queries only), and dispatch services under the Consolidated Regional
E-911 Communication System.
2.14 Operational Funding. The term "Operational Funding" shall mean the funding
necessary p to operate the call -taking, teletype (queries only) and dispatch
g functions of the Consolidated Regional E-911 Communications System, subject
to the appropriation and availability of adequate funds by COUNTY.
2.15 Operator. The term "Operator" shall mean either COUNTY or the entity or entities
with which COUNTY enters into a contract to perform services and tasks related
to the day-to-day operations of the Consolidated Regional E-911 Communication
System, the System's PSAP location(s), and the hiring, training, supervision,
discipline of all Operator's personnel.
2.16 Participating —Communities. The term "Participating Community" or "Participating
Communities" shall mean the municipal corporation or corporations existing
under the laws of the state of Florida, located within the COUNTY that enter into
this Standard Agreement with COUNTY for Participation in the Consolidated
Regional E-911 Communications System.
2.17 Personnel Costs. The term "Personnel Costs" shall mean the amount of the
employee regular salary and fringe benefits. In no event shall the fringe benefit
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amount of Personnel Costs exceed the amount or level of the employee fringe
benefits paid by COUNTY or Operator to their regular employees.
2.18 PSAP. The term PSAP (Public Safety Answering Point) shall mean a location
and facility providing the service and housing the equipment and personnel that
provide E911 call -taking, teletype, and dispatching services.
2.19 Regional Interlocal Agreement (RILA). The term "Regional Interlocal Agreement"
or "R1LA" shall mean the agreement which establishes the terms, conditions, and
financial obligations of entities participating in the Broward County Regional
Public Safety Intranet.
2.20 System Services. The term "System Services" shall mean the operational
services performed by the Operator consisting of consolidated call -taking,
teletype (queries only) and dispatch functions of Emergency Calls and Non -
Emergency Calls, as defined herein, for fire services, emergency medical
services and police services and the services and tasks related to the day-to-day
operations of the Consolidated Regional E-911 Communication system, the
System's PSAP location(s), and the hiring, training, supervision, and discipline of
Operator's personnel.
2.21 Teletype Query(ies). The term "Teletype Query(ies)" or "Teletype (queries only}"
shall mean a query search for information performed by a teletype operator that
may utilize the Criminal Justice Network ("CJNET") to access a specific database
for law enforcement purposes specific to confirmations and locates. Databases
requiring access to perform a Teletype Query may include, but are not limited to,
Florida Crime Information Center ("FCIC"), National Crime Information Center
("NCIC") and Driver and Vehicle information Database ("DAVID"). Teletype
activities, such as, but not limited to, the entries, deletions, updates and
validations, as required by Florida Department of Law Enforcement ("FDLE"),
shall remain the responsibility of Participating Community and shall not be a part
of System Services and System Services shall be limited to Teletype (queries
only).
2.22 Transition Period. The term "Transition Period" shall mean the period of time
starting with COUNTY implementation of all the elements of the System and
continuing through September 30, 2015.
2.23 Unincorporated County. The term "Unincorporated County" shall mean the
geographical areas of COUNTY which are not within the boundaries of any
municipal corporation. Unincorporated County shall be entitled in all respects to
receive the same benefits and services under the terms and conditions of this
Agreement as a PARTICIPATING COMMUNITY.
ARTICLE 3
TERM
3.1 The commencement date of this Agreement shall be the date of proper execution
by the parties to this Agreement and System Services shall begin on
October 1, 2013, or as . otherwise set forth in the transition plan established
pursuant to the provisions of Section 5.1.3 herein.
3.2 In the event that a municipality elects to become a Participating Community by
executing this Agreement subsequent to September 30, 2013, this Agreement
shall commence upon execution; provided, however, the municipality shall not be
entitled to receive the System Services contemplated by this Agreement until
October 1 of the subsequent Fiscal Year.
3.3 Non -Host PSAP Term: The initial term (the "Non -Host PSAP Initial Term") of this
Agreement for Participating Communities who do not have a Host PSAP location
within their City Limits shall commence upon execution of this Agreement, and
terminate on September 30, 2018. Unless COUNTY or Participating Community
provides the other with written Notice of its intent not to renew this Agreement, at
C
least 180 days prior to the end of the then current term, this Agreement shall
automatically be extended for an additional five year period, Non-PSAP Renewal
Term, the effective date shall be October 1, 2018- through September 30, 2023
("Non-PSAP Renewal Term").
3.4 Host PSAP Term: The initial term (the "Host PSAP Initial Term") of this
Agreement for Participating Communities who have a Host PSAP location within
their City Limits shall commence upon proper execution by the parties to this
Agreement, and terminate on September 30, 2018. Unless COUNTY or
Participating Community provides the other with prior written Notice of its intent
not to renew this Agreement, at least 365 days prior to the end of the then
current term, this Agreement shall automatically be extended for an additional
five year period, PSAP Renewal Term, the effective date shall be
October 1, 2018 through September 30, 2023 ("HOST PSAP Renewal Term").
3.5 Notwithstanding anything in this Agreement to the contrary, and subject to the
provisions set forth in Section 9.3, the continuation of this Agreement beyond the
end of any fiscal year shall be subject to both the appropriation and the
availability of adequate funds by COUNTY in accordance with Chapter 129,
Florida Statutes.
ARTICLE 4
CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM
4.1 COUNTY shall operate, or contract to operate, a Consolidated Regional E-911
Communications System, for COUNTY's unincorporated area, Port Everglades,
and Fort Lauderdale -Hollywood International Airport, and Participating
Communities. The Consolidated Regional E-911 Communications System shall
be implemented through COUNTY government. COUNTY shall provide for the
management, administration, oversight and operations of the Consolidated
Regional E-911 Communications System. The System shall operate subject to
the control, internal operating rules and regulations of COUNTY. COUNTY
agrees to comply with the requirements of the applicable Management Control
Agreements relating to COUNTY operation of the Regional Public Safety
Infrastructure at Host PSAP(s).
4.2 It is the desire of COUNTY and Participating Communities that the Consolidated
Regional E-911 Communications System consist of geographically dispersed
g Host PSAP locations; however, the number of Host PSAP locations shall depend
on the level of participation by Participating Communities. COUNTY shall pursue
good faith negotiations with prospective Host PSAP Participating Communities to
enter into the necessary agreements, including lease agreements or otherwise
obtain the right to use PSAP facility(ies) to provide a location(s) for the delivery of
Consolidated Regional E-911 Communications System Services. The selection
by COUNTY, in its sole discretion, of PSAP locations and facility(ies) shall
consider, at a minimum, the following factors. geographic location within Broward
7
County, high level of security for both human issues and climatic events, modern
and secure technological infrastructure for data and communication systems, and
ability to house the necessary personnel.
4.3 MUNICIPALITY agrees and acknowledges that the FDLE Router to access the
NCIC and FCIC Information System will be accessible through the Host PSAP
locations. In the event of catastrophic loss or failure of the FDLE Router or its
network at any Host PSAP location, the COUNTY shall be entitled to re-route
FDLE traffic to another Host PSAP location.
The re-routing of FDLE Traffic can only occur in the following three (3) scenarios:
(i) Catastrophic loss at a Host PSAP location;
(ii) Failure of the router or loss of network connectivity to the router at a Host
PSAP location; or
(iii) For testing re-routing capabilities not more than once in a 12-month or as
otherwise permitted by the State of Florida.
The re -rerouting of the FDLE router traffic will be jointly authorized by the
County's Director of the Office of Communications Technology or designated
representative and designated representatives of the Participating Community
which contains the applicable Host PSAPs. Any verbal approval must be
followed -up and documented via e-mail.
Participating Communities that have a Host PSAP location within their City Limits
agree to enter into an agreement with Operator to authorize the use of the
Participating Community's FDLE router.
4.4 COUNTY shall establish operation and efficiency performance standards for the
Consolidated Regional E-911 Communications System's operations and create a
time schedule for implementing and meeting the efficiency and performance
criteria. The operation and efficiency performance criteria for the System shall
be as set forth on Exhibit "B" (the "Standards"); provided, however, the
Standards shall only be in effect for calls received on the 911 telephone lines of a
Host PSAP. COUNTY shall require in any contract it enters into with an Operator
of the System that such Operator shall meet or exceed the Standards. COUNTY
shall review monthly performance reports of the Operator of the System as a
method to monitor the Operator's compliance with the Standards. In the event the
Operator is unable to meet the Standards, the contract with the Operator shall
contain provisions to address Operator failures, such as but not limited to the
ability to terminate the contract with Operator. Additionally, the COUNTY shall
endeavor to include in the contract with Operator a provision that Operator's
employees performing System Services shall be given the ability to transfer to a
subsequent Operator in the event of termination of the Operators contract.
E'1
COUNTY shall distribute the monthly performance reports to the Participating
Communities within 30 days after the close of the previous month.
4.5 To the extent authorized by law and applicable rules and regulations relating to
access to criminal justice information, COUNTY shall provide Participating
Communities with the ability to view performance information of the System.
4.6 In the event that COUNTY chooses to contract for the operation of the System,
COUNTY shall pursue good faith negotiations prior to October 1, 2013, to enter
into a definitive agreement with an Operator who shall be responsible for
performing services and tasks related to day-to-day operations of the
Consolidated Regional E-911 Communications System, the System's PSAP
locations, and the hiring, training, supervision, and discipline of all Operators
personnel. The agreement with the Operator shall establish benchmarks that
must be met by the Operator and address the time at which the benchmarks
shall be fully achieved. The agreement shall authorize COUNTY to monitor the
Operator's performance, require the Operator to implement COUNTY
requirements if the Operator fails to meet such benchmarks, and provide a
process to address any Operator failure to meet the contract requirements.
4.7 The COUNTY shall be responsible for the establishment, coordination and
support of any workgroup, governance and/or technical boards created for the
purpose of providing recommendations to the County Administrator on the
operation of the Consolidated Regional E-911 Communications System.
Membership of any such workgroup or boards may include, but not be limited to,
representatives from COUNTY, Participating Communities, and Operator.
ARTICLE 5
TRANSITION PERIOD
5.1 The parties agree to cooperate and utilize their best efforts to coordinate the
many complex aspects of transition to the System. Transition elements include,
but are not limited to the following:
5.1.1 In the event that COUNTY chooses to contract for the operation of the
System, COUNTY shall endeavor to include language in its contract with
the Operator that the Operator shall employ civilian employees who
performed, or have been hired by an existing PSAP facility and
commenced the training to perform, call -taking, teletype, and dispatch
PSAP functions as their primary job responsibility ("PSAP Employees") for
any Participating Community that was operating its own PSAP prior to
May 7, 2013, and that enters into this Agreement by August 30, 2013, and
who meet the qualification standards, subject to the conditions set forth
below:
a
M
A. PSAP Employees will be hired by the Operator and shall not be
employees of COUNTY.
B. Criteria which may render a PSAP Employee ineligible for employment
by the Operator shall be limited to the following:
(i) Conviction of a felony or other significant information found on a
criminal records check;
(ii) Inability to pass a background check and drug test;
(iii) Florida Retirement System ("FRS") provisions prohibit employment
by Operator.
C. Participating Communities shall remain responsible for pension
obligations, sick and annual leave payouts, and all other employee
obligations incurred prior to the hire date of PSAP Employees by the
Operator.
D. In the event that a Participating Community that was operating its own
PSAP prior to May 7, 2013 does not execute this Agreement by August
30, 2013 and all or a portion of its eligible PSAP Employees are not
employed by the Operator by October 1, 2013, COUNTY's funding
responsibility for Participating Community's PSAP Employees that are
actually performing call -taking, teletype (queries only) and dispatch
functions at the Participating Community's PSAP facility shall be limited
to Personnel Costs until such time that the PSAP employees become
employees of the Operator.
5.1.2 To the extent required by FRS, a MUNICIPALITY shall provide its
PSAP Employees that are hired by Operator, a one-time election to
participate in the pension plan of the Operator or remain in the
MUNICIPALITY's pension plan; or to the extent permitted by FRS, a
MUNICIPALITY shall have the option of allowing its PSAP Employees
that are hired by Operator, a one-time election to participate in the
pension plan of the operator or remain in the MUNICIPALITY's pension
plan. In either event, any required contribution amount in excess of the
required FRS contribution amount for the PSAP Employees remaining
in MUNICIPALITY's pension plan shall be and remain the sole
responsibility of MUNICIPALITY. COUNTY, or its OPERATOR, will
p Y
fund the MUNICIPALITY's contribution amount up to the established
FRS rates, or up to the MUNICIPALITY's contribution rate, whichever is
less. The PSAP Employees shall be responsible for any employee
contribution amounts required under either election. The
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MUNICIPALITY shall provide to COUNTY and Operator the PSAP
Employees' pension election documentation.
5.1.3 COUNTY, in conjunction with Participating Communities and the
Operator, shall use reasonable efforts to develop an employee
transition plan prior to October 1, 2013, which shall include
implementation details, performance benchmarks, and the schedule for
consolidation.
5.1.4 COUNTY shall schedule meetings with each individual Participating
Community to develop a written transition plan, approved by COUNTY,
relating to each individual Participating Community's transition to a Host
PSAP. The transition plan shall also contain an assessment of
Participating Community's current performance standards,
organizational structure, staffing levels, equipment requirements,
standard processes, protocols, and operating costs. Each Participating
Community, that operates a PSAP on May 7, 2013, shall provide to
COUNTY no later than September 1, 2013, its historical performance
indicator data.
5.1.5 The transition of Participating Communities to a Host PSAP shall be
accomplished following the development of System implementation
plan by COUNTY which implementation plan shall provide for the
transition of Participating Communities to a Host PSAP in a manner
which will minimize adverse impacts on the System as a whole.
Following the completion of the implementation plan, it is possible that
M U NC I PALITY shall not be transitioned to a Host PSAP by October 1,
2013. In the event that MUNICIPALITY is not transitioned to a Host
PSAP on October 1, 2013, COUNTY's responsibility for System
expenses for such MUNICIPALITY shall be limited to the payments it
makes to the Operator for the Operator's Personnel Costs of civilian
employees who perform call -taking, teletype (queries only) and dispatch
PSAP functions as their primary job responsibilities at a non -Host PSAP
facility or other expenses as specifically addressed in the RILA.
5.1.6 The COUNTY will endeavor to include in the agreement with the
Operator a requirement that PSAP Employees shall perform System
Services for the same general vicinity that they were servicing while
employed by their Participating Community during the first year of the
Operator's agreement (October 1, 2013 through September 30, 2014)
provided there are sufficient employees available in any given vicinity to
ensure that the System meets the Standards.
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t
ARTICLE 6
FUNDING
COUNTY agrees to fund Capital and Operation Expenses of the System out of legally
available COUNTY funds subject to Section 3.5. COUNTY shall retain the fees
distributed to COUNTY from the Emergency Communications Number E-911 System
Fund pursuant to Florida Statutes and Participating Communities shall no longer receive
distributions of E-911 fees received by COUNTY from the Emergency Number E-911
System Fund as those funds shall be utilized to pay the eligible expenses of the
System. Upon execution of this Agreement, MUNICIPALITY acknowledges and agrees
Y that the Interlocal Agreement between COUNTY and MUNICIPALITY providing for
Distribution of the Proceeds According to the Florida Emergency Telephone Act shall
terminate effective October 1, 2013.
ARTICLE 7
RELATIONSHIPS OF THE PARTI
Except as set forth herein, no party to this Agreement shall have any responsibility
whatsoever with respect to services provided or contractual obligations assumed by any
other party and nothing in this Agreement shall be deemed to constitute any party a
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partner, agent, or local representative of any other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. The
obligations created and imposed by this Agreement are not joint, rather, such
obligations are separate and severable between MUNICIPALITY and COUNTY.
ARTICLE 8
GOVERNMENTAL IMMUNITY
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. COUNTY and
MUNICIPALITY are state agencies or political subdivisions as defined in Chapter
768.28, Florida Statutes, and shall be fully responsible for the acts and omissions of its
agents or employees to the extent permitted by law.
ARTICLE 9
DEFAULT AND TERMINATION
9.1 In the event there should occur any material breach in the performance of any
covenant or obligation of a party hereunder that has not been remedied within
thirty 30) days after receipt of notice from the non -breaching party specifying
such breach, the non -breaching party may, if such breach is continuing,
terminate this Agreement upon thirty (30) days' notice to the party in breach;
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provided however, in the event of a material breach that is not susceptible to
cure within such thirty (30) day period, the party in breach shall have such
additional time as reasonably necessary as mutually agreed by both parties to
complete such cure as long as the party in breach has commenced such cure
within such 30 day period and diligently pursues such cure to completion. In the
event that the party in breach has not remedied its breach, the non -breaching
party(ies)shall have the right to seek monetary damages which shall include any
additional incremental costs incurred by the System as a result of the actions of
the breaching party.
9.2 In the event that MUNICIPALITY is a Participating Community which contains a
Host PSAP and exercises its right to terminate this Agreement pursuant to the
provisions set forth above, MUNCIPALITY agrees, that notwithstanding the
termination, the Host PSAP shall continue to function as a Host PSAP for the
System, at COUNTY's option, for a period of up to 365 days from
MUNICIPALITY's termination.
9.3 In the event that COUNTY determines that adequate funds are not available, or
determines not to appropriate adequate funds to continue this Agreement,
COUNTY may terminate this Agreement. Termination shall be effective upon the
termination date stated in the written notice provided by COUNTY, which
termination date shall not be less than 365 days after the date of such written
notice.
ARTICLE 10
RELEASE
In consideration of COUNTY's funding of the System and its provision of System
Services, MUNICIPALITY hereby releases COUNTY, all COUNTY departments and
divisions, and all current and former COUNTY agents, officers, and employees
(collectively, "Releasees") from any and all causes of action, claims, demands, and
damages (collectively "claims"), whether or not previously asserted, that
MUNICIPALITY has, or may have, against any or all of the Releasees, which claims
relate to, arise from, or are in connection with this Agreement or relate in any manner to
the performance or lack thereof, funding or lack of funding for E-911 communications,
call -taking, teletype, dispatch services or any combination thereof, that existed or arose
prior to the date of this Agreement. This release only applies to claims of
MUNICIPALITY that arose or may have arisen prior to the commencement date of this
Agreement. MUNICIPALITY understands, acknowledges, and agrees that this release
is a full and final bar to MUNICIPALITY pursuing these claims in any forum. The
obligations of this section shall survive the expiration or earlier termination of this
Agreement.
13
4
ARTICLE 11
MISCELLANEOUS
11.1 ASSIGNMENT. This Agreement, or any interest herein, may not be assigned,
transferred or otherwise encumbered, under any circumstances by any party
without the prior written consent of the other party to this Agreement.
11.2 STATE AND FEDERAL LAWS. The provisions of this Agreement shall comply
with all applicable state and federal laws. This Agreement shall be construed in
accordance with the laws of the state of Florida.
11.3 NOTICES. Whenever either party desires to give notice to the other, such notice
must be in writing, sent by certified United States Mail, postage prepaid, return
receipt requested, or sent by commercial express carrier with acknowledgement
of delivery, or by hand -delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the same as set
forth herein until changed in writing in the manner provided in this section. For
the present, the parties designate the following:
FOR COUNTY:
County Administrator
Governmental Center, Room 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
FOR MUNICIPALITY:
C.w "UMAA tr
✓c.
1.-.6240)
11.4 PRIOR AGREEMENTS. This document represents the final and complete
understanding of the parties and incorporates or supersedes all prior
negotiations, correspondence, conversations, agreements, and understandings
applicable to the matters contained herein. There is no commitment, agreement,
or understanding concerning the subject matter of this Agreement that is not
contained in this written document. Accordingly, no deviation from the terms
hereof shall be predicated upon any prior representation or agreement, whether
oral or written.
11.5 SEVERANCE. In the event a portion of this Agreement is found by a court of
competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement.
An election to terminate this Agreement based upon this provision shall be made
14
.
within thirty (30) days of final court action, including all available appeals. The
election to terminate shall be in writing and comply with the provisions of section
11.3 herein and shall be effective upon the termination date stated in the written
notice, which termination date shall not be less than 365 days after the date of
such written notice.
11.6 REPRESENTATIONS AND WARRANTIES. Each of the PARTICIPATING
COMMUNITIES and COUNTY hereby represents and warrants as to itself as
follows:
(a) It is duly organized and validly existing under the constitution and laws of
the state of Florida, with full legal right, power and authority to enter into
and perform its obligations hereunder;
(b) This Agreement has been duly authorized, executed and delivered by it
and constitutes its legal, valid and binding obligation, enforceable against
it in accordance with its terms.
11.7 JOINT PREPARATION. Each party and its counsel have participated fully in the
review and revision of this Agreement and acknowledge that the preparation of
this Agreement has been their joint effort. The language agreed to expresses
their mutual intent and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than
the other. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against any party.
11.8 INTERPRETATION. The headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement. All personal pronouns used in this Agreement shall include the other
gender, and the singular shall include the plural, and vice versa, unless the
context otherwise requires. Terms such as "herein," "hereof," "hereunder," and
"hereinafter," refer to this Agreement as a whole and not to any particular
sentence, paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a Section or Article of this Agreement,
such reference is to the Section or Article as a whole, including all of the
subsections of such Section, unless the reference is made to a particular
subsection or subparagraph of such Section or Article.
11.9 THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends
to directly or substantially benefit a third party by this Agreement. Therefore, the
parties acknowledge that there are no third party beneficiaries to this Agreement
and that no third party shall be entitled to assert a right or claim against either of
them based upon this Agreement.
11.10 AMENDMENTS. The parties may amend this Agreement to conform to
changes in federal, state, or local laws, regulations, directives, and objectives. No
modification, amendment, or alteration in the terms or conditions contained
15
.
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Agreement and executed by the Board and
MUNICIPALITY or others delegated authority to or otherwise authorized to
execute same on their behalf.
11.11 JURISDICTION, VENUE, WAIVER OF JURY TRIAL. This Agreement shall be
interpreted and construed in accordance with and governed by the laws of the
State of Florida. All parties agree and accept that jurisdiction of any
controversies or legal problems arising out of this Agreement, and any action
involving the enforcement or interpretation of any rights hereunder, shall be
exclusively in the state courts of the Seventeenth Judicial Circuit in Broward
County, Florida, and venue for litigation arising out of this Agreement shall be
exclusively in such state courts, forsaking any other jurisdiction which either party
may claim by virtue of its residency or other jurisdictional device. BY ENTERING
INTO THIS AGREEMENT, PARTICIPATING COMMUNITIES AND COUNTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO
A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT.
11.12 MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by
all parties, each of which, bearing original signatures, shall have the force and
effect of an original document.
11.13 FORCE MAJEURE. If the performance of this Agreement, or any obligation
hereunder is prevented by reason of hurricane, earthquake, or other casualty
caused by nature, or by labor strike, war, or by a law, order, proclamation,
regulation, ordinance of any governmental agency, the party so affected, upon
giving prompt notice to the other party, shall be excused from such performance
to the extent of such prevention, provided that the party so affected shall first
have taken reasonable steps to avoid and remove such cause of non-
performance and shall continue to take reasonable steps to avoid and remove
such cause, and shall promptly notify the other party in writing and resume
performance hereunder whenever such causes are removed.
11.14 INCORPORATION BY REFERENCE. The truth and accuracy of each
"Whereas" clause set forth above is acknowledged by the parties. The attached
Exhibits "A" and "B" are incorporated into and made a part of this Agreement.
[REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK]
16
IN WITNESS
WHEREOF, the
parties
hereto have made and executed this
Agreement on the
respective dates
under
each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
or Vice -Mayor, authorized to execute same b Board action on the � day of
y � Y
201,05 -, andrn.V%Lg_ ,signing by and through
officers d ly authorized to execute same.
ATTES
Br#ard County Adminis orb
Ex-officio Clerk of the Broward County
Board of County Commissioners
Risk Manage
sion
Jacqueline A. Binns
Risk Insurance and
Contracts Manager
COUNTY
MIA
BROWARD COUNTY, by and through
its Board of County Commissioners
4*-"lday of Oc,�6�!,C- - - -
-1 2013_
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
a
Noel M. Pfeffer
Deputy County Attorney
(Date)
WITNESS:
ATTES
ity Manager
City Clerk
APPROVED AS TO FORM:
VILy
NMP:SVT:slw
8/21 /13
E-911 CountyFundedSystemCLEAN
13-025.08
W
MUNICIPALITY
City of
day
Aday of 20 A?
(CORPORATE SEAL)
Exhibit A
Regional Interlocal Agreement (RILA)
19
Exhibit B
Performance Standards
The performance of the Consolidated Regional E-91 1 Communications System (System) will
be based on the Lifecycle of an Emergency Call for calls received on the emergency lines
(911 lines). As illustrated in the diagram below, operational performance indicators P1 I P29
and P3 will be measured, reported and benchmarked against industry best practice
standards. Efficiency (cost) measures will be utilized to evaluate the cost of the System.
Emergency 19-1 -1 Call
Event I Initiated
Prior to Scope of PSAP
Operation
10 secs
PSAP 94 -1 Call
AnswerTime
DTP.11 ��
Unit Arrival I Event
PSAP / Responder Dispatch Response Time
Closed
P11 9-1 -1 Call Answer Time
P2 Time from Call Answered to Call Entered In CAD (and forwarded to Dispatcher)
P3 Time from CAD Entry until a Unit Is Dispatched
P4 Time from Unit Dispatched until Unit Arrives on Scene
PS Time from Unit Arrives on Scene until Incident is Closed
To ensure the performance of the Consolidated Regional E-91 1 Communications System is
evaluated in a reasonable manner, performance standards have been separated based on
a transition and post -transition period. The County, Operator and Operational
Plan n i ng/l mplementation Workgroup members will collaborate to provide recommendations
to the County Administrator on the appropriate operational measures to be used to evaluate
the System and establish annual performance targets to ensure incremental progress is
being achieved.
Performance measures
will become
effective at
such
time a Participating Community has
migrated
to the
System.
Migration
to
the
System
shall
be determined
by County.
Transition Period
The transition period begins May 7, 2013, and continues through September 30, 2015.
The following measures will be utilized to track the efficiency and operational performance
of the regional system on a monthly basis during transition phase:
20
0
Efficiency Measurements:
• Operational Cost per call for System
• Operational Cost per E911 call received
Time to Answer Emergency (911) Lines Standard:
• Ninety percent (90%) of all 9-1-1 calls arriving at the Public Safety Answering Point
(PSAP) during the busy hour shall be answered within ten (10) seconds (Pl)
The busy hour is defined as the hour each day with the greatest call volume.
• Ninety-five (95%) of all 9-1-1 calls should be answered within twenty (20) seconds
(Pi)
Alarms (audible, silent, panic, fire, smoke, medical etc.) Received on Emergency
Lines Standard:
• Ninety-five percent (95%) of alarms received on emergency lines shall be answered
within 15 seconds (Pl)
• Ninety-nine percent (99%) of alarms shall be answered within 40 seconds (Pl)
First Call Process Time Standard:
Emergency alarm processing for the following call types shall be completed within 90
g o
seconds, 90% of the time and within 120 seconds, 99 /o of the time (P2 and P3)..
• Calls requiring emergency medical dispatch questioning and pre -arrival instructions
• Calls requiring language translation
• Calls requiring the use of a TTY/TDD device or audio/video relay services
• Calls of criminal activity that require information vital to emergency responder safety
prior to dispatching units
• Hazardous material incidents
• Technical rescue
• With the exception of the above six call types, 80% of emergency alarm call
processing rocessin shall be completed within 60 seconds, and 95% of alarm processing shall
be completed within 106 seconds (P2 and P3)
21
ft
• Where alarms are transferred from the primary public safety answering point (PSAP)
to a primary and secondary answering point, the transfer procedure shall not exceed
30 seconds for 95% of all alarms processed'` (P2)
*Only applicable if non -participating municipalities operate their own primary and
secondary PSAP
Law Enforcement Call Process Time Standard:
• Priority one and priority two law enforcement calls shall be processed within 45
seconds, 90% of the time ** (P2 and P3)
• Priority three law enforcement calls shall be processed within 90 seconds, 90% of
the time ** (P2 and P3)
Note: Availability of police units shall be considered when reviewing performance. Agencies
must adopt standard signal codes to evaluate performance and the authority having
jurisdiction shall determine time frames allowed to the completion of dispatch.
**Priority assignments based on current proposed standard
Emergency Medical Dispatch Standard:
• 95% case entry compliance rate
• 90% total compliance rate (case entry, chief complaint, key questions, and post-
dispatch/pre-arrival instructions)
• 1 % of all cases receive quality assurance case review*
*Based on NAED compliance standard for agencies with a call volume of over 500,000
If an operational or efficiency performance standard is out of compliance in any month, the
County shall provide a notice of non-compliance to the Operator. The County, in
collaboration with the Operator, shall develop an action plan that may include changes to
processes, practices and procedures; which the Operator shall implement to bring the
operational or efficiency performance standard back into compliance.
In event the Operator is out of compliance for three (3) consecutive months, the Operator's
contract may be terminated, at the discretion of the County, for failure to meet the
established performance standards. In the event, the Operator's contract is terminated; the
County may assume operation of the System or may choose to contract with another entity
to operate the Consolidated System. PSAP employees that support the system will be
transferred to the County or another operator of the System.
Operational and efficiency performance standards shall be evaluated monthly by the County
using data from the previous month. Each Participating Community, Police Chief s
22
1�
Association and Fire Chief s Association shall be provided a report on the Operator's
performance utilizing this data no later than 30 days following the end of the previous
month.
The County
shall provide an
annual report on
the
Operator's
performance to each
Participating
Community,
Police
Chief
s Association
and
Fire Chief
s
Association.
The Operator will be evaluated on its ability to achieve the necessary operational and
efficiency performance standards, adherence to established actions and overall
performance of the Consolidated Regional E-911 Communications System.
Post -Transition Period
The post -transition period begins October 1, 2015. The
Consolidated Regional E-91 1 Communications System will be
Emergency Call for calls received on the emergency lines
Operator and Operational Plan ni ng/I mplementation Workgroup
provide a recommendation to the County Administrator on
measures to be used to evaluate the Svstern and establish ar
ensure incremental progress is being achieved.
)erformance
)ased on the
(911 lines).
members will
the appropria
nual Derformic-
targets of the
Lifecycle of an
The County,
collaborate to
te operational
nce targets to
If an operational or efficiency performance standard is out of compliance in any month, the
County shall provide a notice of non-compliance to the Operator. The County, in
collaboration with the Operator, shall develop an action plan that may include changes to
processes, practices and procedures; which the Operator shall implement to bring any
measure back into compliance.
In event the Operator is out of compliance for three (3) consecutive months, the Operators
contract may be terminated, at the discretion of the County, for failure to meet the
established performance standards. In the event, the Operator's contract is terminated; the
County may assume operation of the System or may choose to contract with another entity
to operate the Consolidated System. PSAP employees that support the system will be
transferred to the County or another operator of the System.
Operational and efficiency performance standards shall be evaluated monthly using data
from the previous month. Each Participating Community, Police Chief's Association, and
Fire Chiefs Association shall be provided a report on the Operator's performance utilizing
this data no later than 20 days following the end of the previous month.
The County
shall provide an
annual
report on
the
Operator's
performance to each
Participating
Community,
Police
Chief
s
Association
and
Fire Chief
s
Association.
The Operator will be evaluated on its ability to achieve the necessary operational and
efficiency performance standards, adherence to established actions and overall
performance of the Consolidated Regional E-911 Communications System.
Efficiency and operational measures may include the following:
23
f
2
Efficiency Measurements:
• Operational Cost per call for System (Target: $9.83)
• Operational Cost per E911 call received (Target: $14.85)
Time to Answer Emergency (911) Lines Standard:
• Ninety percent
(90%) of all 9-1-1
calls arriving at the
Public Safety Answering Point
(PSAP)
during
the
busy
hour shall
be answered
within
ten (10) seconds (Pl)
The busy hour is defined as the hour each day with the greatest call volume.
• Ninety-five (95%) of all 9-1-1 calls should be answered within twenty (20) seconds
(Pi)
Alarms (audible, silent, panic, fire, smoke, medical etc.) Received on Emergency
Lines Standard:
• Ninety-five percent (95%) of alarms received on emergency lines shall be answered
within 15 seconds (Pl)
• Ninety-nine percent (99%) of alarms shall be answered within 40 seconds (Pl)
First Call Process Time Standard:
Emergency alarm processing for the following call types shall be completed within 90
seconds, 90% of the time and within 120 seconds, 99% of the time (P2 and P3):
• Calls requiring emergency medical dispatch questioning and pre -arrival instructions
• Calls requiring language translation
• Calls requiring the use of a TTY/TDD device or audio/video relay services
• Calls of criminal activity that require information vital to emergency responder safety
prior to dispatching units
Hazardous material incidents
Technical rescue
• With the exception of the above six call types, 80% of emergency alarm call
processing shall be completed within 60 seconds, and 95% of alarm processing shall
be completed within 106 seconds (P2 and P3)
24
.4
Where alarms are transferred from the primary public safety answering point (PSAP)
to a primary and secondary answering point, the transfer procedure shall not exceed
30 seconds for 95% of all alarms processed* (P2)
*Only applicable if non -participating municipalities operate their own primary and
secondary PSAP
Law Enforcement Call Process Time Standard:
Priority one and priority two law enforcement calls shall be processed within 45
seconds, 90% of the time ** (P2 and P3)
Priority three law enforcement calls shall be processed within 90 seconds, 90% of
the time ** (P2 and P3)
Note: Availability of police units shall be considered when reviewing performance. Agencies
must adopt standard signal codes to evaluate performance and the authority having
jurisdiction shall determine time frames allowed to the completion of dispatch.
"Priority assignments based on current proposed standard
Emergency Medical Dispatch Standard:
0 95% case entry compliance rate
90% total compliance rate (case entry, chief complaint, key questions, and post-
dispatch/pre-arrival instructions)
0 1 % of all cases receive quality assurance case review*
*Based on NAED compliance standard for agencies with a call volume of over 500,000
For a municipality that elects to become a PARTICIPATING COMMUNITY subsequent to
August 30, 2013, the development and implementation of the transition plan shall contain
provisions to minimize adverse impacts on the System by the addition of such municipality.
25