Miami-Dade Legislative Item
File Number: 081404
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File Number: 081404 File Type: Resolution Status: Adopted
Version: 0 Reference: R-582-08 Control: Board of County Commissioners
File Name: INT'L AGMT W/CITY OF DORAL Introduced: 5/2/2008
Requester: Miami-Dade Police Department Cost: Final Action: 5/20/2008
Agenda Date: 5/20/2008 Agenda Item Number: 8I1A
Notes: Title: RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF DORAL IN CONNECTION WITH NON-EMERGENCY COMMUNICATIONS AND DISPATCH SERVICES AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED AND TAKE ANY ACTION REQUIRED BY THE COUNTY HEREIN
Indexes: DORAL
  INTERLOCAL AGREEMENT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/20/2008 8I1A Adopted P

Health and Public Safety Committee 5/15/2008 3F Forwarded to BCC with a favorable recommendation P
REPORT: During consideration of changes to today’s agenda, Assistant County Attorney Valda Clark Christian requested a scrivener’s error be corrected to attach Exhibits A and B, which were inadvertently not included in the original item. Assistant Count Attorney Clark Christian read the foregoing proposed resolution into the record. It was moved by Commissioner Gimenez that the foregoing proposed resolution be forwarded with a favorable recommendation. This motion was seconded by Commissioner Diaz for discussion. In response to Commissioner Gimenez’ question of how much it would cost the County to provide this service, Major Thomas Gross, Communications Bureau, Miami-Dade Police Department, noted this service was currently provided by in-house staff. He noted in-house staff would continue doing the job, and the County would be compensated by the City of Doral at the current cost of $311,521, as reflected in the interlocal agreement. Pertaining to Commissioner Souto’s inquiry of whether this service extended to the inland waterways, Major Gross noted this service was to dispatch and process non-emergency calls within the corporate limits of the City of Doral. There being no further questions or comments, the Committee proceeded to vote.

County Attorney 5/7/2008 Assigned Ben Simon 5/8/2008

County Manager 5/6/2008 Referred Health and Public Safety Committee 5/15/2008

County Manager 5/6/2008 Assigned County Attorney 6/3/2008
REPORT: POLICE (HPSC 5/15/08) ….Attachment(s): Interlocal Agmt; Exh. A; Exh. B

County Manager 5/6/2008 Assigned Alina Tejeda-Hudak 4/30/2008 5/6/2008

Legislative Text


TITLE
RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF DORAL IN CONNECTION WITH NON-EMERGENCY COMMUNICATIONS AND DISPATCH SERVICES: AUTHORIZING THE COUNTY MAYOR OR HIS DESIGNEE TO EXECUTE THE AGREEMENT IN SUBSTANTIALLY THE FORM ATTACHED AND TAKE ANY ACTION REQUIRED BY THE COUNTY HEREIN

BODY

WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Agreement by and between Miami-Dade County, Florida, and the City of Doral is hereby approved and the Board authorizes the Mayor or his designee to execute the agreement in substantially the form attached and take any action required by the County herein.

HEADER
Date:

To: Honorable Chairman Bruno A. Barreiro
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Interlocal Services Agreement between Miami-Dade County and
the City of Doral for Non-Emergency Communications and
Dispatch Services in the Amount of $311,521

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve and adopt the attached resolution authorizing execution of the interlocal agreement with the City of Doral for non-emergency communications and dispatch services in the amount of $311,521.

Scope
The multi-year agreement is from June 2008 through June 2011 with options to renew to reflect changes in contracted personnel. The agreement defines the rights and obligations of Miami-Dade County and the City of Doral with respect to the coordinated operation, maintenance and upgrades of the countywide radio system and designated talk groups.

Fiscal Impact/Funding Source
The costs are based upon the level required to adequately service the City each contract year, utilizing the actual costs of personnel, including support services (see exhibit A and B) and equipment as set forth in the agreement. The cost to the City of Doral for the first year of the agreement is $311,521.

Track Record/Monitor
The Agreement will be monitored by the Miami-Dade Police Department (MDPD).

STAFF RECOMMENDATION
Background
The State of Florida has an established E911 Plan that directs the operations of all Public Safety Answering Points (PSAP) within the State of Florida. The State E911 plan is supported by inter-connecting public service telephone networks (PSTN), that deliver 911 calls for service to the designated PSAP for a defined geographical area. The City of Doral is within the geographic confines of the long established MDPD 911 Center. Therefore, all 911 calls for service originating within the City of Doral are routed to and processed by the MDPD 911 Center consistent with the State E911 Plan.

The City of Doral has elected to subcontract their responsibility to process non-emergency calls to Miami-Dade County. Under this agreement, the County will be providing the City with a communications talk group (frequency) and dispatch services. The contract covers non-emergency call processing and dispatch. This will facilitate communications for the City of Doral through the MDPD Communications Bureau. This Bureau is a progressive customer service oriented bureau which performs communication and information functions rapidly and accurately. In establishing services for the City, standard practices and procedures will be based upon the MDPD Departmental Manual as relates to communications and the Communications Bureau Standard Operating Procedures. This agreement will allow the City of Doral to provide daily police communications using state of the art public safety radio communications through the County system in place at MDPD. The agreement is scheduled to be considered by the Doral City Council May 14.

_____________________
Alina T. Hudak
Assistant County Manager

OTHER

INTERLOCAL SERVICES AGREEMENT
BETWEEN
MIAMI-DADE COUNTY (MDC)
AND
THE CITY OF DORAL (COD)
FOR NON-EMERGENCY COMMUNICATIONS AND DISPATCH SERVICES

THIS AGREEMENT, by and between the City of Doral (COD), a municipal corporation organized and existing under the laws of the State of Florida, (hereinafter referred to as the "City"), and Miami-Dade County, Florida (hereinafter referred to as "MDC").
Whereas, MDC and the City are committed to participating in the use and support of such state of the art public safety radio communications frequency; and

Whereas, MDC owns and operates a radio system with assigned talk groups; and

Whereas, the City owns and operates their own radio terminal unit; and
Whereas, the City is desirous of providing its daily police communications through a contractual relationship with MDC,
NOW THEREFORE, in consideration of the following mutual obligations the parties agree as follows:


ARTICLE 1 - PURPOSE

The purpose of this agreement is to define the rights and obligations of MDC and the COD with respect to the coordinated operation, maintenance, and upgrades of the countywide radio system, and designated talk groups.

The Whereas clauses express the intent of the parties and are incorporated into this agreement.


ARTICLE 2 – DEFINITIONS

Agreement; means this document as approved by appropriate action through resolution.

Authorized Users; are parties to this agreement, including the City duly authorized law enforcement personnel.

Authorized User Equipment; is all radio equipment, subject to Miami-Dade Police Department (MDPD) approval, including but not limited to mobile and portable radios, base stations, desk units, and accessories thereto, but not including infrastructure.

Call Dispatching; is when the MDPD Police Dispatcher transmits the call to an available City Police Officer or law enforcement personnel or City desk operations via voice dispatching.
Call-For-Service; shall mean a request received from the public requiring a police response or assistance.
Call processing; is when the MDPD Communications Bureau receives a call from a citizen requesting service. A Police Complaint Officer reviews the nature of the call and determines the emergency or non-emergency status of the call, then handles accordingly.
City Officials; means the Council members, City Manager, City Attorney, and employees of the City of Doral.
FCC; means the Federal Communications Commission as established by the Communications Act of 1934.

Infrastructure; is collectively, the equipment (including hardware, software and middleware) that supports shared use of digital and analog mobile and portable radios on the radio system licensed to the MDPD for public safety and other authorized use.
Major; means the Commander, Major or his/her designee of the MDPD Communications Bureau.
Staffing Levels; mean the number of communications personnel assigned to service the needs of the City as they are listed in Exhibit A of this Agreement or, for future years, the number of communications personnel approved in the City’s annual budget process.
Staff Schedules; means those schedules prepared by the Communications bureau Major to appropriately assign communications personnel to ensure appropriate resources are maintained each shift.
Talk Group; is defined as the subdivision within the communications profile.
Technology Advisory Board (TAB); means the MDPD Technology Advisory Board who determines the infrastructure, hardware, software and middleware providers, and maintains the high level of technologies employed by the MDPD. The TAB is chaired by the Chief of the Administration and Technology Division, who oversees the functions of the Communications Bureau.

ARTICLE 3 – COMMUNICATIONS TALK GROUP AND DISPATCH SERVICES
The MDPD Communications Bureau is a progressive customer service oriented Bureau designed to perform a myriad of communication and information functions rapidly and accurately. The volume, complexity, immediacy, and accuracy of the work performed require standard operating procedures that often are specifically defined and uniform. In establishing procedures to provide Communications services for the City, a general rule has been applied:
Standard practices and procedures with the City will not vary from existing MDPD Communications procedures unless significant reasons dictate a variance, as approved by the MDPD Communications Major.
The City Police Department will abide by the MDPD Departmental Manual as it relates to communications and the Communications Bureau Standard Operating Procedures.
The MDPD will answer the City telephone calls for police services in conjunction with the MDPD telephone calls for police services. The City police calls for service will receive the same screening and processing by all call takers.
The processed calls for service will be classified by incident nature and prioritized pursuant to the MDPD response protocol.
The MDPD Communications Bureau will provide tape searches and duplication tapes from logging tape recorders upon written request from the City Police Department, in accordance with established fees.
The City will provide an eight week notification prior to changing any police patrol boundaries or patrol areas.
The MDPD will provide/generate case numbers that are mutually agreeable to both parties.

ARTICLE 4 – OWNERSHIP OF INFRASTRUCTURE
MDC shall own all infrastructure/frequencies/talk groups/profile associated with the radio system.
In the event that City dissolves this Agreement or otherwise leaves the system, MDC shall retain ownership of any portable, mobile, fixed control stations, or related hardware, software and middleware purchased by MDC for use within the radio system and MDC shall retain ownership of any infrastructure acquired or furnished in connection with City’s system demands as described.
The MDPD reserves the right to assign the City to a talk group deemed appropriate in the best interest of MDC. Any changes to the assigned talk group will be provided to the City in writing 60 days in advance of such change.

ARTICLE 5 – FCC LICENSE AND USE OF FREQUENCIES
MDC shall be responsible for the maintenance of all FCC licenses required to operate the radio system.
The City and its authorized users shall operate two-way radio equipment on the system in accordance with the rules of the FCC.

ARTICLE 6 – FORCE MAJEUR AND WARRANTIES
MDC and the MDPD shall not be responsible for interruptions of system service due to forces of nature, war, manmade disasters or other such acts beyond the control of MDC and the MDPD.
MDC makes no warranties, expressed, or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose to the City in connection with the City’s use of service. The City acknowledges that service disruptions will occur from time to time and agrees to hold MDC and the MDPD harmless for all such disruptions.

ARTICLE 7– SUPPORT SERVICES
Support services attributed to the establishment and performance of services shall be provided to the City. These services are identified and are included as a contract support fee as indicated in Exhibit B and may be adjusted and modified on a yearly basis. A 90 day notice will be provided to the City should the contract support fee change. The notice will include the date of adjustment and the new fee.

ARTICLE 8 – CONSIDERATION
For communications services provided by MDC in Article 3:
The City shall make regular installments to MDC in equal quarterly payments of the service and contract support fee as may be adjusted and modified as provided in Article 7 of this Agreement. The City shall consult with the MDPD prior to annual adoption of its budget to charge for the services to be delivered by the MDPD. The installment payments by the City shall be made to MDC on a quarterly basis, due no later than the fifteenth day of the following month without demand.
Unless otherwise provided in this agreement, payment for services rendered for each contract year shall be based upon the level required to adequately service the City utilizing the actual costs of personnel and equipment as set forth in Exhibit A. Actual costs shall not include any other costs not specifically provided for in this Agreement. Staffing in excess of the requested service level, listed in Exhibit A, shall require written authorization by the City Manager.
Within 30 days from the end of each fiscal quarter, MDC shall issue a credit or debit memorandum to the the City based upon a reconciliation of the payments made by the City and actual cost associated with services rendered to the COD. The actual costs shall include direct salary costs, all associated fringe benefits costs, and contract support fees. Each quarter’s credit memorandum shall be applied by the City to the following month’s payment. Each quarter’s debit memorandum amount is due within thirty days from receipt of reconciliation by the City.
Based upon payment of the costs described in this Article, MDC shall be solely responsible for providing all employee insurance benefits, civil service benefits, and compensation during the course of employment with MDC. Accordingly, the COD shall not be called upon to assume or share any liability for or direct payment of any salaries, wages, contribution to pension funds, insurance premiums or payments, workers compensation benefits under Chapter 440, Florida Statutes or any other amenities of employment to any MDC personnel performing services, duties and responsibilities pursuant to this Agreement.

ARTICLE 9 - EMPLOYMENT RESPONSIBILITY
All persons employed by the MDPD in the performance of services for the City shall be and remain MDC employees.
MDC is, and shall be, in the performance of all work, services and activities under this Agreement, an independent contractor and not an employee, agent or servant of the City. Nothing in this Agreement shall be construed to create an employment relationship between the City and any MDC employees.

ARTICLE 10 – EMPLOYMENT; RIGHT OF CONTROL
The MDPD shall have and maintain the responsibility and control of the services rendered, standards of performance, discipline of personnel, all personnel-related matters and other matters incident to the performance of the services, duties and responsibilities, as described and contemplated in this Agreement.
The level, degree, type of service and number of positions assigned to each service shall be determined by the Communications Bureau Major or his/her designee.
Nothing in this Agreement is intended to usurp the authority of the MDPD policies and procedures and the MDC collective bargaining agreements. The City or its officials will not involve themselves in negotiating with any collective bargaining unit, direct the MDPD personnel to conduct unlawful activities, utilize law enforcement information provided by the MDPD in an official capacity for personal use, or direct police personnel to deliberately contradict the established MDPD policies and procedures.

ARTICLE 11 – OVERTIME DETAILS AND SPECIAL ASSIGNMENTS
The City Manager may request additional personnel assigned to assist in communications services for special initiatives, City sponsored activities and events. The additional services may be provided on an overtime basis and shall be paid for based upon the actual personnel costs, to include overtime and applicable fringe benefit rates, pursuant to applicable collective bargaining Agreements.
The City Manager will notify the MDPD Communications Bureau Major in writing, at least 14 days, or as soon as practical, prior to the City event to request additional personnel.
The Communications Bureau Major will work collectively with the City Manager to ensure that overtime funding is properly expended. The Communications Bureau Major shall provide quarterly overtime reports to the City Manager.

ARTICLE 12 – DISPUTES
MDPD agrees to act expeditiously and in good faith in resolving any problems experienced by the City with regards to this contract.
In the event the City becomes dissatisfied with the performance of the Communication Bureau staff or services, specific concerns regarding performance should be discussed with the Communications Bureau Major to ascertain avenues of resolution and immediate remediation, if any.
In the event the City becomes dissatisfied with the response of the Communications Bureau Major, specific concerns regarding performance should be discussed with the Director or his designee to ascertain avenues of resolution and immediate remediation, if any.

ARTICLE 13 - CLAIMS
MDC is a political subdivision of the State of Florida and has elected to provide a program to administer and resolve claims that would generally be covered by a contractual insurance carrier, subject to the provisions of Section 768.28, Florida Statutes.
During the term of this Agreement, MDC shall process any and all claims by any parties related to MDC’s performance of services specified in this Agreement, subject to the limitations of Section 768.28, Florida Statutes.

ARTICLE 14 - INDEMNIFICATION
To the extent permitted by law, and as limited by Section 768.28, Florida Statutes, the City shall defend, indemnify and hold harmless MDC and its employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which MDC or its employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the City, its employees, officers, and agents. MDC shall promptly notify the City of each claim, cooperate with the City in the defense and resolution of each claim, and not settle or otherwise dispose of the claim without the City's participation.
To the extent permitted by law and as limited by Section 768.28, Florida Statutes, MDC shall defend, indemnify and hold harmless the City and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by MDC, its employees, officers, and agents. The City shall promptly notify MDC of each claim, cooperate with MDC in the defense and resolution of each claim, and not settle or otherwise dispose of the claim without MDC's participation.
The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the performance of this Agreement.

ARTICLE 15 – TERMINATION AND REMEDIES
In the event that either party breaches a material term or condition of this Agreement, the party in breach, upon receipt of a written request from the non-breaching party, shall remedy the breach within 30 days of receipt of the request. If the breach is not cured within the specified time period, the non-breaching party may terminate the Agreement or may alternatively utilize the remedies of declaratory judgment, specific performance, mandamus or injunctive relief to compel the breaching party to remedy the breach. A termination under this paragraph shall be effective 60 days from the date of the written notice of termination.
Either party may terminate this Agreement for convenience by providing the other party with no less than 60 days written notice of the termination.
The parties reserve all available remedies afforded by law to enforce any term of condition of this Agreement. The parties shall submit to the dispute resolution procedures of Chapter 164, Florida Statutes, prior to the filing of any legal proceeding.

ARTICLE 16 – OPTION TO RENEW
If the City so desires, the MDPD will meet with the City no later than December 31, 2010, to negotiate the terms and conditions of any extension (the “Renewal Term”) to the Initial Term listed in Article 17 in order for both parties to anticipate budgetary considerations for the fiscal year range.
In the event that MDPD and the City cannot come to a mutual agreement on the terms and conditions of the Renewal Term, this Agreement shall expire on the date specified in Article 16.

ARTICLE 17 - TERM
This Agreement shall be effective June 2, 2008, and shall expire at midnight on June 2, 2011, unless terminated earlier as specified in Article 15.

ARTICLE 18 - TRANSITION PERIOD
In the event of the termination or expiration of this Agreement, MDC and the City shall cooperate in good faith in order to effectuate a smooth and harmonious transition from the MDPD to a City Police Department Communications and to maintain during the transition period, the same high quality of service prescribed by this Agreement.

ARTICLE 19 - RECORDS, INSPECTION, AUDIT
MDC shall keep records with respect to the expenditure of funds paid by the City and the services provided to the City under this Agreement. MDC shall maintain accounting records on expenditures under this Agreement in accordance with generally accepted accounting standards, generally accepted government accounting standards, MDPD policies and procedures, state retention schedules and other applicable standards.
The City Manager, or his or her designee, may inspect and audit the records upon reasonable notice to MDC. Reasonable notice should include a written request no less than seven working days prior to the intended site visit and the identification of the specific records to be inspected.
MDC shall provide access to the City Manager or his designee, to the records during regular business hours. MDC agrees to provide the assistance, as may be necessary, to facilitate the inspection or audit by the City to ensure compliance with applicable accounting and financial standards.
Should the City, in any audit of MDC's records, find a discrepancy between the actual amount of funds paid by the City and the actual services received by the City from MDC, or the costs of the services, or the City finds a discrepancy in the amounts provided in the reconciliation by MDC, then MDC shall, within 30 days of receipt of written notification from the City Manager, either credit or debit the City the amount of the discrepancy or refund the amount. If MDC disagrees with the City’s audit, MDC shall notify the City Manager within 30 days of the receipt of the audit findings requesting an independent audit. The City Manager and the MDC Manager shall mutually agree to the selection of an independent auditor to review the audit and resolve the discrepancies. Both parties will pay the auditor’s fee equally.
MDC and the City agree to abide by all applicable Federal and State laws and regulations and confidential information concerning individuals and data, including but not limited to information made non-public by such laws or regulation.

ARTICLE 20 - AUTHORITY TO EXECUTE; NO CONFLICT CREATED AND NON-ASSIGNABILITY
The Board of County Commissioners, by execution of this Agreement, represents to the City that the MDC Mayor or designee has full power and authority to make and execute this Agreement..
The City Mayor, by the execution of this Agreement, represents to MDC that the City Manager has full power and authority to make and execute this Agreement and any amendments or addendums pursuant to the resolution of the City Council.
As such authority is granted by this Article, this Agreement may be modified at any time during the term by written consent of the City Manager and resolution of The Board of County Commissioners, as parties to this Agreement to accomplish the purpose of this agreement.
Neither party shall assign any of the obligations or benefits of this Agreement.

ARTICLE 21 - NOTICE
All required notices shall be given by First Class Mail, except that any notice of termination shall be mailed via U.S. Mail, return receipt requested. Notices shall be addressed to the parties at the following addresses:

City: City Manager
Sergio Purrinos
City of Doral
8300 NW 53 Street
Doral, Florida 33166

City Attorney
John Hearn
City of Doral
8300 NW 53 Street
Doral, Florida 33166


MDC: County Manager
George M. Burgess
Miami-Dade County
Stephen P. Clark Center
111 NW First Street
Suite 2910
Miami, Florida 33128


and Director
Robert Parker
Miami-Dade Police Department
9105 NW 25 Street
Miami, Florida 33172

and Office of the County Attorney
Stephen P. Clark Center
111 NW First Street
Suite 2810
Miami, Florida 33128



ARTICLE 22 - ENTIRE AGREEMENT
The parties acknowledge, one to the other, that the terms of this Agreement constitute the entire understanding and Agreement of the parties regarding the subject matter of the Agreement.
The exhibits referred to and annexed to this Agreement are made a part of this Agreement.
If a Court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or portion of the provision were not part of this Agreement.
(Signature Page Follows)
ATTEST: CITY OF DORAL,
A municipal corporation

By:_____________________¬__ _____________________________
Barbara Herrera Juan Carlos Bermudez
City Clerk Mayor

APPROVED AS TO FORM AND LEGAL SUFFICIENCY
FOR THE USE OF THE CITY OF DORAL ONLY:

By:
John Hearn
City Attorney
MIAMI-DADE COUNTY
A political subdivision of the
State of Florida
By its Board of County
Commissioners:

_____________________________
George M. Burgess
ATTEST: County Manager
HARVEY RUVIN, CLERK

By_________________________
Deputy Clerk

APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:

By_________________________
County Attorney



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