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HomeMy WebLinkAboutExhibitAGREEMENT THIS AGREEMENT, made and entered into this , by and between PALM BEACH COUNTY, a political subdivision of the State of Florida ("County") and KENNETH C. JENNE, II, SHERIFF OF L3ROWARD COUNTY, as a State Constitutional Officer ("Sheriff'), CITY OF MIAMI, a municipal corporation ("Miami"), and RICHARD D ROTH, SHERIFF OF MONROE COUNTY, as a State Constitutional Officer ("Monroe"). WITN•ESSETH WHEREAS, the Parties are continually identifying more effective service delivery methods which result in overall savings to the taxpayers; and WHEREAS, the Parties have purchased, designed, installed, and operates an 800 MHz Trunked Radio System that supports the needs of the respective parties; and WHEREAS, the County, Sheriff, Miami and Monroe have determined that the ability to provide interoperable communications is critical to the effective and efficient provision of public safety and general government services; and WHEREAS, it has been determined to be mutually beneficial to both Parties to execute this Agreement which sets forth the parameters under which the Parties can access the Common Talk Groups established on the Parry's Radio System to receive the public safety benefit of interoperability; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Agreements to jointly exercise any power, privilege or authority which such agencies share in common and which each might exercise separately: NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein, the Parties hereto agree as follows. SECTION 1: PURPOSE 1.01 The goal of this Agreement is to provide for radio interoperability between the Parties. The purpose of this Agreement is to set forth the parameters under which the Parties will provide access to the Common Talk Groups established on the Parties' Systems specifically to provide interoperable communications among public safety and general government agencies capable of accessing this feature of the Radio Systems. This Agreement also identifies the conditions of use of the Parties to participate in the operational decisions relating to the use of the Common Talk Groups. 1.02 Definitions 1.021 Common Talk Groups: Talk groups established on each Host Agency's communications system that are made available to other agencies for interoperable communications between agencies for the purpose of providing mutual assistance and planning and executing of on -scene operations. i.022 Host Agency Talk -Groups: Talk groups established on the Host Agency's communication system that are made available to agencies providing for inter -departmental communications. These talk lnteroperability Agreement Region 7 - 080104 1056 Page 1 of II groups are reserved for and only available to others than the Host Agency by agreement. 1,023 Host Agency: The particular Agency that is providing its own System to the Participating Agencies for radio interoperability purposes. 1.024 Participating Agencies: Palm Beach County, Broward Sheriffs Office, City of Miami and Monroe County sheriffs Office using the Host Agency's System for radio interoperability purposes. 1.025 Parties' Equipment: Also known as "agency radios", are Agency owned 800 MHz handheld and mobile radios and control stations that have the ability to be programmed and used on the Parties' 800 MHz Trunked Radio System. 1.026 Radio Alias: The unique name assigned to an operators radio that displays on the dispatchers console when a radio transmits. 1,027 System: The 800 MHz Trunked Radio System funded, purchased, installed, maintained and owned by each Party. 1.028 System Administrator: An employee within each Agency responsible for day to day administration and management of the System and the designated contact person pursuant to various sections ofthis Agreement. SECTION 2: ADMINISTRATION OF THE 800 MHz SYSTEM AND USE PROCEDURES 2.01 The Palm Beach County Electronic Services and Security Division's 800 MHz System Administrator will be the Parties day to day contact and can be reached at 561-233-4417. The Communications Division is staffed from 8:00am to 5:OOpm, Monday through Friday, excluding County holidays. After hours emergency contact will be made through the County's Fire Rescue Dispatch Center on 561-712-6550 and the appropriate contact will be rnade. The contact information for Participating Agencies other than the County, is found on the each Parties' respective signature page to this Agreement. 2.02 The Parties shall follow all policies and standard operating procedures in place at the time of this Agreement as well as those developed in the future and issued to the Parties by the respective System Administrators. The Parties agree to follow the procedures of the applicable Host Agency, unless waived by the Host Agency on a case by case basis. Parties agree to comply with any enforcement actions required by the policies and procedures for misuse or abuse of the Radio System. 2.03 The Parties shall follow all policies and standard operating procedures in place at the time of this Agreement as well as those developed in the future and issued to the Parties by the System Administrators. The Parties agree to comply with any enforcement actions required by these policies and procedures for misuse or abuse of the Radio System. interoperability Agreement Region 7 - 080104 1056 Page 2 of 11 SECTION 3: HOST AGENCY EQUIPMENT & RESPONSIBILITIES 3.01 The Host Agency shall be responsible for the maintenance and operation of their respective Radio Systems, including all costs associated with permitting and licensing. 3.02 The Host Agency shall maintain appropriate coverage throughout the term of his Agreement except for times of scheduled preventative maintenance, where it will be required to disable portions of the network for a pre -determined length of time or during times of system failures. The parties shall be notified within a reasonable period of time in advance of scheduled preventative maintenance. SECTION 4: PARTICIPATING AGENCY EQUIPMENT AND RESPONSIBILITIES 4.01 Participating Agency equipment will be 800 MHz. mobile, portable, and control station equipment programmed to be used on the Host Agency's 800 MHz Trunked Radio System. The equipment used will be compatible with Motorola 800 MHz SmartNet and/or SmartZone communication systems. Participating Agencies will be required to keep its equipment in proper operating condition and the Participating Agency is responsible for maintenance of their respective radio equipment. 4.02 Participating Agency will only program the Common Talk Groups and the individual unit ID numbers assigned by the respective System Administrator as part of this Agreement. Participating Agencies will not program into its radios operations talk groups without a letter of authorization or a signed agreement from the Host Agency. 4.03 Participating Agencies shall provide the Host Agency with a list of persons/positions which are authorized to request activating/deactivating existing units or new units. No programming will be undertaken by the Participating Agencies or its service provider until requested and approved in writing by the respective System Administrators. 4.04 Participating Agencies shall receive certain access codes to the Host Agency's System to enable the common talk groups to be programmed into their equipment. The access codes are to be treated as confidential information and the Participating Agencies are responsible to safeguard the code information from release to unauthorized parties. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the Host Agency will be kept confidential by the Participating Agencies and will not be disclosed to any other party, directly or indirectly, unless such disclosure is required by law or lawful order. In no case shall the information be released without the Host Agency's prior written consent, All system parameters shall be and remain the Host Agency's prior written consent, unless required by law or lawful order and may only be reproduced or distributed with the written permission of the Host Agency. Participating Agencies agree that the Host Agency has sole and exclusive ownership of all right, title and interest to the Confidential Information and may be recalled at any time. 4.05 Access and programming codes will only be released to; 1) service staff employed by the Host Agency, 2) approved commercial service providers under contract with the Host Agency, or 3) another governmental agency which has in-house service personnel and an agreement with the Host Agency. lnteroperability Agreement Region 7 - 080104 1056 Page 3 of I 4.06 The Host Agency will approve all commercial service providers upon review of whether the contract terms between the Host Agency and the commercial service provider are adequate to protect the Host Agency's radio system from misuse, harm or release of access and programming codes to unauthorized persons. 4.07 Participating Agencies will be responsible for ensuring that the commercial service provider adheres to the terms of this agreement pertaining to the proper use ofaccesslprograniming codes and radio use. 4.08 Participating Agencies are solely responsible for the performance and the operation of their respective and any damages or liability resulting from the use thereof. Should the Host Agency identify malfunctioning equipment owned by a Participating Agency, the Host Agency will request that the Participating Agencies discontinue use ofthe specific device until the repairs are completed. The Host Agency may, at its discretion, disable the equipment from the Systerri after properly notifying the Participating Agency in writing if the device is causing interference to the System. 4.09 in the case of lost or stolen equipment, Participating Agencies will notify the respective System Administrators by e-mail or fax authorizing the System Administrator to disable the equipment. The authorization shall provide the Host Agency issued individual unit 1D number and the serial number ofthe radio. The System Administrator will advise back via e-mail when the radio has been disabled. A request by the Participating to re -activate a disabled unit will also be required in writing by e-mail or fax to the System Administrator. SECTION 5 SUBSCRIBER UNIT INFORMATION TO BE PROVIDED BY PARTICIPATING AGENCY 5.01 Participating Agencies will be required to provide to the Host Agency an initial inventory of the radios that are proposed to be programmed for use of the Common Talk Groups. Participating Agencies will provide the following information to the Host Agency: 1. Radio manufacturer and model numbers. 2. Radio serial numbers. 3. Requested Aliases to be programmed. The System Administrator will then compile this information and transmit back to the Particpiating Agencies a matrix of talk groups, aliases, and radio ID numbers prior to the radios being activated on the k-lost Agency's 800 MHz system. Participating Agencies are responsible for adhering to the Talk -Group and Radio ID allocations established by the Host Agency. SECTION 6: UTILIZATION AND MONITORING OF COMMON TALK GROUPS 6.01 The Common Talk Groups were implemented specifically for inter -agency communication among multiple agencies, regardless of their specific discipline or affiliation. They were also created to allow communications between agencies without requiring cross -programming operational talk groups in each agencies radios. Usage of the Common Talk Groups is authorized to coordinate a multi -jurisdictional fire/law enforcement/disaster recovery operations such as fires requiring multi - agency responses, police pursuit through multiple jurisdictions and coordination and response to local emergencies and disasters. Other authorized uses include undercover operations, investigations, lntcroperability Agreement Region 7 - 080104 1056 Page 4 of 11 perimeter communications, fire ground coordination, scene security, landing zone communications requiring participation of multiple agencies and disciplines.. In addition, the Common Talk Groups can be used by any agency experiencing catastrophic failures of their own communication system for a determined amount of time. A request to utilize the Common Talk Groups for this situation requires permission of the System Administrator. Once approved by the System Administrator, the Common Talk Groups can be temporarily utilized until repair of the agency's communication system is complete. 6.02 The Common Talk Groups shall not be used for every -day routine communications or as an extra talk group for agencies that have cross programming agreements and duplicate talk groups . programmed into their radios. Other prohibited uses include communications for special events and operations, or as an additional dispatch, administrative, or car to car talk group for a single agency. 6.03 Agencies requesting to utilize the Common Talk Groups by this Agreement have a requirement to monitor the Calling Talk Group in their respective dispatch center and to respond to calls for assistance from field units. The dispatch centers which combine more than one discipline in their dispatch center are required to monitor the disciplines which are dispatched. Agencies which do not utilize their own dispatch center are not required to monitor the Calling Talk Group. SECTION 7: INDEMNIFICATION AND LIABILITY The Host Agency makes no representations about the design or capabilities of the Host Agency's System. The Participating Agency has decided to enter into this Agreement and use the Host Agency's system on the basis of having interoperability with the Host Agency and/or other municipalities during times of mutual aid and/or joint operations. The System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgement or supervision of these professionals. Each Participating Agency acknowledges that responsibility for providing law enforcement, fire, or other emergency services rests with professionals of its own Agency and that this Agreement does not modify that responsibility. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the Participating Agencies shall indemnify, defend and hold harmless the Host Agency against any actions, claims or damages arising out of the Parties' negligence in connection with this Agreement, and Host Agency shall indemnify, defend and hold harmless Participating Agencies against any actions, claims, or damages arising out of the Host Agency's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the liinits set forth in Florida Statutes 768.28, nor shall the same be construed to constitute agreement by either party to indemnify the other for such other parry's negligent, willful or intentional acts or omissions. The terms and conditions of this lnteroperability Agreement incorporate all the rights, responsibilities, and obligations of the parties to each other. The remedies provided herein are exclusive. The County, Miami, Monroe and Sheriff waive all remedies with respect to each other, including, but not limited to, consequential and incidental damages, but this waiver shall not apply to third parties. The Host Agency agrees to use its best reasonable efforts to provide the Participating Agency with full use of the Common Talk Groups but makes no guarantee as to the lnteroperability Agreement Region 7 - 080104 1056 Page 5 of 11 continual, uninterrupted use ofthe radio communication system, or its fitness for the communication needs of the Participating Agencies.. SECTION 8: OWNERSHIP OF ASSETS All assets maintained under this Agreement will remain assets of the respective party. SECTION 9: TERM OF AGREEMENT The initial term of this Agreement is for five (5) years and shall commence immediately upon execution of this Agreement. The Agreement may be renewed for three (5) year terms thereafter.. At least six months prior to the expiration of this Agreement's term, the Parties shall provide the respective Host Agency with a request to renew this Agreement. Such Renewal Amendment will require approval of the Parties and the Host Agency may not unreasonably withhold its approval of the Renewal Amendment. SECTION 10: AMENDMENTS TO THIS AGREEMENT This Agreement may be amended from time to time by written amendment as agreed to by all parties. SECTION 11: TERMINATION This Agreement can be terminated by either party, with or without cause upon 10 days written notice. Upon request of termination by the• Participating Agency, the respective System Administrator will proceed to disable the appropriate radios from the Host Agency's System. It will be the responsibility of the respective party to reprogram the radios removing the Host Agency's system information from the radios. The Party will complete reprogramming the within 60 days of the date of termination. SECTION 12: NOTICES Any notice given pursuant to the terms of this Agreement shall be in writing and be delivered by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: County Administrator 301 North Olive Avenue West Palm Beach, FL 33401 Director, Facilities Development & Operations 3323 Belvedere Road, Building 503 West Palm Beach, FL 33406 lnteroperability Agreement Region 7 - 080104 1056 Page 6 of i 1 With a copy to: 800 MHZ System Administrator 3323 Belvedere Rd. Building 506 West Palm Beach, FL 33406 County Attorney's Office 301 North Olive Avenue West Palm Beach, FL 33401 As to the Sheriff:. Major, Communications Unit Broward County Sheriff's Office 359 N. State Road 7 Plantation, Ft. 33317 Department of Legal Affairs 2601 W. Broward Blvd. Fort Lauderdale, F1. 33312 As to Miami: John F. Timoney, Chief of Police City of Miami 444 SW 2"d Ave, Suite 945 Miami, Fl. 33133 City Attorney City of Miami 444 SW 2"d Ave, Suite 945 Miami, FI. 33133 As to Monroe County Sheriffs Office: Sheriff Richard D. Roth 5525 College Rd Key West, Fl. 33040 Mark Willis, General Counsel 5525 College Road Key West, Fl. 33040 SECTION 13: APPLICABLE LAW/ENFORCEMENT COSTS This agreement shall be governed by the laws of the State of Florida. lnteroperability Agreement Region 7 - 080104 1056 Page 7 of 11 SECTION 14: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 15: ENTIRE AGREEMENT This Agreement and any Attachments attached hereto and forming a part thereof as if fully set forth herein, constitute all agreements, conditions and understandings between the Parties concerning access to the Common Talk Groups, All representations, either oral or written, shall be deemed to be merged into this Agreement, except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon Parties unless reduced to writing and signed by them. SECTION 16: DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of the Parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS DOROTHY H. WILKEN By: By: Deputy Clerk Karen T. Marcus, Chair APPROVED AS TO FORM APPROVED AS TO TERMS AND LEGAL SUFFICIENCY AND CONDITIONS By: By: Director Facilities Dev & Ops Interoperability Agreement Region 7 - 080104 1056 Page 8 of 11 Section 2.01 Continued: The Broward Sheriff's Office System Administrator, , will be the day to contact for the other Parties and can be reached at ATTEST: BROWARD SHERIFF OFFICE By: By: Witness Kenneth C Jenne, II, Sheriff APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: Date: DEPARTMENT OF LEGAL AFFAIRS Interoperability Agreement Region 7 - 080104 I056 Page 9 of I 1 Section 2.01 Continued: The City of Miami System Administrator, , will be the day to contact for the other Parties and can be reached at ATTEST: CITY OF MIAMI By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY SUBJECT TO EXECUTION BY THE PARTIES: City Attorney By: Printed Name of Signatory Date: Interoperability Agreement Region 7 - 080104 1056 Page 10 of 11 Section 2.01 Continued: Monroe County Sheriff's Office System Administrator, will be the day to contact for the other Parties and can be reached at 3.-,���r "7 p'5-6 ATTEST: Witness H:1Documents1800 mhz\talk group agmtslregion 7 tg agmt.wpd MONROE COUNTY SHERIFF'S OFFICE B Richard D. Roth, Sheriff . A" '- 2OY'"D rA47; TO FORM • Interoperability Agreement Region 7 - 080104 1056 Page 11 of 11