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HomeMy WebLinkAboutexhibit 1 - agreementINTERLOCAL AGREEMENT for JOINT PARTICIPATION TO DEVELOP A REGIONAL 311 ANSWER CENTER Miami -Dade County, Florida, a political subdivision of the State of Florida, (hereinafter "County") and the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City") agree as follows: 1. OPERATION OF REGIONAL 311 ANSWER CENTER 1.1 The County and the City agree to cooperate in good faith to establish and operate a Regional 311 Answer Center. The purpose of the Regional 311 Answer Center is to steer non -emergency calls away from 911 and make local governments more user-friendly by providing citizens convenient telephone access to information and service requests regarding their City and County governments. In doing so, the 311 Answer Center will preserve the availability of the emergency 911 systems for those individuals truly in need of emergency response. 1.2 The County will have the responsibility to operate the Regional 311 Answer Center including the responsibility to provide necessary staff and to obtain all equipment, hardware, and software. 1.3 The City will have no responsibility to operate the Regional 311 Answer Center. In this regard the City will have no responsibility to provide staff, equipment, hardware or software for the operation of the Regional 311 Answer Center. 1.4 The County will be responsible to connect the Regional 311 Answer Center network to City's network at the access point designated by the City. The City will remain responsible for City operations on the City's side of the designated access point. 1.5 The City will make reasonable efforts to alert the County in a timely manner to any circumstances or events that may generate excess calls to the Regional 311 Answer Center in order to allow the County to adequately increase staff and resources to receive and handle such calls. 1.6 The County will also undertake certain case management responsibilities regarding calls by the City's residents to the Regional 311 Answer Center for information or services such as routing, recording, and reporting calls regarding certain City Departments. The City will continue to do such case management for calls made directly by residents to the City. C: IWPITWLW J59.DOC 1.7 The City and the County will jointly develop an interface to their existing land management and complaint tracking computer systems within 18 months of the date that the Regional 311 Answer Centers begins accepting calls from residents. The City will be responsible to maintain the integrity of the interface between the City's existing system and Regional 311 Answer Center computer system. 1.8 The City will not use automation or automatic means to forward calls to Regional 311 Answer Center except to the extent that the parties may agree in writing. The Regional 311 Answer Center will forward non -emergency police calls to the appropriate non - emergency police telephone number determined by the City. 1.9 The County will be responsible for the reasonable expense of training City personnel on the County's CRS system for the initial launch. After the initial launch, the City will be responsible for training its personnel. 1.10 The County will seek the advice of the City in regards to the campaign to advertise 311 to help make sure the City residents are aware of the service. 1.11 The operations of the Regional 311 Answer Center will include knowledge base, information and referral, and service requests for Miami -Dade County, including the City of Miami. The knowledge base is a collection of information defining the rules, responsibilities and procedures of County and City services, programs, departments and agencies. The City will keep the City's knowledge base current. All City Departments that have supplied knowledge based information to the County will be included in knowledge -based launches. 2. FUNDING OF REGIONAL 311 ANSWER CENTER 2.1 It is the understanding of the parties that the Regional 311 Answer Center is a regional responsibility of the County. In this regard, the County will be responsible to fund the establishment and operation of the Regional 311 Answer Center. For fiscal year 2003- 2004, the County budgeted sixteen million and one hundred eighty-nine thousands dollars ($16.189 million) toward capital costs to acquire necessary infrastructure, hardware and software for the Regional 311 Answer Center. 2.2 The City will not be responsible to fund the establishment or operation of the Regional 311 Answer Center. 2.3 The County will be responsible for the costs associated with connecting the Regional 311 Answer Center network to City's network at the access point designated by the City up to a cost of $500 monthly. The City will assume any access costs in excess of that amount. The City will be responsible for the costs associated with the City's operations on the City's side of the designated access point. 2 C IWP1TWL 4.?S9 DOC 2.4 The City agrees that it will cooperate and use its best efforts to support any applications by the County to seek grants to establish, enhance, or fund the facilities or operations of the Regional 311 Answer Center. 2.5 In the event that the State authorizes local governments to levy a fee to finance a Regional 311 Answer Center, nothing herein shall prevent the County from levying such fee in the City to the same extent that it levies such fee in the remainder of the County and to apply the proceeds of such fee to finance the Regional 311 Answer Center. 2.6 The County's obligation to operate the Regional 311 Answer Center is subject to the annual budget process of the Board of County Commissioners of Miami -Dade County and nothing in this contract shall be understood to require the County to expend money in excess of the amounts appropriated and budgeted by the Board of County Commissioners. 3. PERFORMANCE STANDARDS 3.1 The County agrees to operate the Regional 311 Answer Center as "State -of -the -Art," which shall mean at least as professional and efficient as any similar Regional 311 Answer Center in any similar community in Florida. In this regard, the County will utilize five call taking performance standards with maximum and minimum acceptable targets: Average Speed to Answer, Average Abandoned Rate, Average Time in Queue, Percentage of Resolution on First Contact, and a Quality Rating on Calls. The County will set specific numerical targets every budget cycle and will seek advice from the City in doing so. These minimum and maximum targets will conform to the standards of such similar Centers. The County will generate a monthly report on the performance standards. Upon written request by the City, the County will generate a report explaining why targets are not being met, and setting forth a plan to met or modify the targets. Calls from City residents will be entitled to parity in service as calls from County residents. In particular, Calls from City residents will receive the same level of promptness, professionalism, and service, such as routing, recording, and reporting, as calls from other County residents. This parity in service will be maintained through staffing, software, or hardware changes. Upon the City's written request, specific recorded data of a City of Miami's citizen's interaction with the 311 Regional Answer Center will be provided to the City, and the County will work with the City to resolve any identified problems. 4 RE -ASSIGNMENT OF 311 CENTRAL OFFICES 4.1 The County and the City understand that the Regional 311 Answer Center envisioned by this agreement cannot be established unless the County is assigned the 311 in the relevant area, which includes the entire geographic area of Miami -Dade County. Accordingly, except for sections 4.2 and 4.3, this agreement will have no force and effect unless and until the 311 number is assigned to the County for the 26 current Central Offices outside the City's jurisdiction and the 6 current Central Offices within the City's jurisdiction for the purposes of operating the Regional 311 Answer Center described in this agreement. 3 C:1WP,TWL4A259,DOC 4.2 After execution of this agreement, the County will make its best efforts to have the 311 number assigned to the County for the 26 current Central Offices outside the City's jurisdiction and the 6 current Central Offices within the City's jurisdiction for the purposes of operating the Regional 311 Answer Center described in this agreement. The County's efforts will include, but are not limited to making the necessary requests, applications and petitions to BellSouth, the Florida Public Service Commission, and the Federal Communications Commission. 4.3 After execution of this agreement, the City will make its best efforts to have the 311 number assigned to the County for the 26 current Central Offices outside the City's jurisdiction and the 6 current Central Offices within the City's jurisdiction, subject to the provisions in section 5 of this agreement. The City's efforts in this regard will include, but are not limited to, terminating the Special Service Arrangement Agreement, Case no. FLO2-N407-02, dated February 21, 2003 and making any necessary requests, applications and petitions to BellSouth, the Florida Public Service Commission, and the Federal Communications Commission and supporting such requests by the County. 5 RE -ASSIGNMENT OF 311 CENTRAL OFFICES IN THE EVENT OF TERMINATION 5.1 In the event that this agreement is terminated, and the City indicates in writing to the County that the City intends to operate a Municipal 311 Answer Center 311 within the City limits, the County will make its best efforts to have the 311 number re -assigned to the City for all Central Offices necessary for the City to offer such service. The County's efforts in this regard will include, but are not limited to, making any necessary requests, applications and petitions to BellSouth, the Florida Public Service Commission, and the Federal Communications Commission and supporting such requests by the City. In the event that the 311 is not allocated on the basis of Central Offices at that time, the County will make its best efforts to ensure the City has all access to the 311 number necessary for the City to operate a Municipal 311 Answer Center within the City's limits. 5.2. In the event that this agreement is terminated, and the County indicates in writing to the City that the County intends to operate the Regional 311 Answer Center 311 outside the City limits, the City will make its best efforts to ensure the County continues to have the 311 number assigned to the County for all Central Offices necessary for the County to offer such service. The City's efforts in this regard will include, but are not limited to, making any necessary requests, applications and petitions to BellSouth, the Florida Public Service Commission, and the Federal Communications Commission and supporting such requests by the County. In the event that the 311 is not allocated on the basis of Central Offices at that time, the City will make its best efforts to ensure the County has all access to the 311 number necessary for the County to operate a Regional 311 Answer Center outside the City limits. 4 C.VWPITWLu:59.DOC 6 CITY'S USE OF REGIONAL 311 ANSWER CENTER'S COMPUTER SYSTEM 6.1 The City will be authorized to use the Regional 311 Answer Center's Computer system for purposes of processing service requests to the City generated by the Regional 311 Answer Center or by other sources. The County will not charge the City for such use. When the County initially launches the project, such launch will include the City's departments of Solid Waste, Code Enforcement, Parks and NET. Within six months of the launch, the system shall include the City's departments of Public Works, Building, Planning & Zoning, and CATV. The parties may agree to extend such use to other City departments in the future. To ensure the quality of the City's access in this regard, the County will utilize three system performance standards with maximum and minimum acceptable targets: Average transaction response time, system available for use, and wide area network link ability. The County in consultation with the City shall set specific numerical targets every budget cycle. 6.2 If 311 Regional Answer Center upgrades its computer system, City Departments granted use of the computer system pursuant to this agreement will have use of the upgraded computer system and will not be relegated to any non -upgraded computer system different than the 311 Regional Answer Center computer system used by the corresponding County Department. 7 LENGTH OF AGREEMENT AND RENEWAL PROVISIONS 7.1. The term of this agreement shall be for a period of ten years from the date that it is executed and shall automatically renew for three additional periods of ten years each unless terminated as provided in section 8 of this agreement. 8 TERMINATION OF AGREEMENT 8.1 Either party can terminate this agreement at any time upon giving 360 days advance written notice of their intent to do so, sent to the other party's Mayor and Manager. Termination of this agreement will not terminate the party's respective responsibilities under section 5 of this agreement which will remain in full force and effect as if this agreement had not been terminated. 8.2 Upon termination, the parties will cooperate in good faith to ensure the return to the City of any City data, 9 INDEMNIFICATION 9.1 The City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, Losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents 5 C.YWPSTWL411150, DOC or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this agreement by the City or its employees, agents, servants, partners, principals or subcontractors. The City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 F. S., subject to the provisions of that statute whereby the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the City. 9.2 The County shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this agreement by the County or its employees, agents, servants, partners, principals or subcontractors. The County shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 F. S., subject to the provisions of that statute whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the County. 10 MERGER AND PRIOR AGREEMENTS 10.1 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 11 GOVERNMENTAL DISPUTES 6 C:•IwP4TWLu:79.DOC 11.1 Prior to any party filing suit against the other asserting any claim arising under this Agreement, the procedural options required by the "Florida Governmental Conflict Resolution Act," sections 164.101 — 164.1061 of Florida Statutes, as amended from time to time, shall be exhausted. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of , 2004. City of Miami, Florida Miami -Dade County, Florida By: By: Name: Joe Arriola, City Manager Name: George M. Burgess, County Manager Title: Title: Date: Date: Attest: Attest: City Clerk Clerk of the Board APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGAL CORRECTNESS SUFFICIENCY Name: Alejandro Vilarello Name: Rashimi Airan-Pace/Robert Ginsburg Title: City Attorney Title: Assistant County Attorney/County Atttomey APPROVED AS TO INSURANCE REQUIREMENTS Name: Dana Carrillo Title: Risk Management Administrator 7 C:1 WPITWLU?S9.DOC