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HomeMy WebLinkAboutExhibitAGREEMENT THIS AGREEMENT, made and entered into on 2006, by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the State of Florida and the CITY OF FORT LAUDERDALE, FLORIDA, a municipal corporation of the State of Florida. WITNESSETH WHEREAS, the City of Miami and the City of Fort Lauderdale are continually identifying more effective service delivery methods which result in overall savings to the taxpayers of the City of Miami and the City of Fort Lauderdale; and WHEREAS, the City of Miami has purchased, designed, installed, and operates an 800 MHz Trunked Radio System that supports the needs of the City of Miami Police Department, City of Miami Fire Rescue, City of Miami Emergency Medical Services, and various City of Miami general government agencies; and WHEREAS, the City of Miami and the City of Fort Lauderdale 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 City of Fort Lauderdale can access the Common Talk Groups established on the City of Miami'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 AND DEFINITIONS 1.01 The purpose of this Agreement is to set forth the parameters under which the City of Miami will provide access to the Common Talk Groups established on the City of Miami System specifically to provide interoperable communications among public safety and general government agencies capable of accessing this feature of the City of Miami System. This Agreement also identifies the condition of use and ability of the City of Fort Lauderdale 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 the City of Miami's communications system that are made available to City of Miami agencies, municipalities and other non -City of Miami agencies for interoperable communications between agencies for the purpose of providing mutual assistance and planning and executing of on -scene operations. 1.022 Citv of Miami Talk -Groups: Talk groups established on the City of Miami's communication system that are made available to City of Miami agencies providing for inter -departmental communications. These talk groups are reserved for particular departments/agencies and only available to outside departments by separate agreements. 1.023 City of Fort Lauderdale Equipment: Also known as "agency radios," are City of Fort Lauderdale owned 800 MHz handheld and mobile radios and control stations that have the ability to be programmed and used on the City of Miami's 800 MHz Trunked Radio System. 1.024 Radio Alias: The unique name assigned to an operator's radio that displays on the dispatchers console when a radio transmits. 1.025 System: The 800 MHz Trunked Radio System funded, purchased, installed, maintained and owned by the City of Miami. 1.026 System Administrator: An employee within the City of Miami's Communication Division of the General Services Administration responsible for day-to-day administration and management of the System and the City of Miami's designated contact person pursuant to various sections of this agreement. SECTION 2: ADMINISTRATION OF THE CITY OF MIAMI'S 800 MHz SYSTEM AND USAGE PROCEDURES 2.01 The City of Miami Communications Division's 800 MHz System Administrator will be the City of Fort Lauderdale's day-to-day contact and can be reached at 305- 329-4847. The Communications Division is staffed from 8:00 am to 4:30 pm, Monday through Friday, excluding City of Miami holidays. After hours emergency contact will be made through the City of Miami's Police Dispatch Center at 305-579-3449. 2.02 The Public Safety Steering Committee (PSSC) is responsible for overseeing and implementing the policies and procedures for the City of Miami's 800 MHz Trunked Radio System. 2.03 The City of Fort Lauderdale 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 City of Fort Lauderdale by the System Administrator. The City of Fort Lauderdale agrees to comply with any enforcement actions required by these policies and procedures for misuse or abuse of the City of Miami System. SECTION 3: CITY OF MIAMI EQUIPMENT & RESPONSIBILITIES 3.01 The City of Miami 800 MHz System consists of twenty (20) channels, two (2) transmit and receive sites with co -located microwave equipment, and four (4) microwave/receive only sites that provide network connectivity. Page 2 of 10 3.02 The City of Miami System provides seamless city-wide portable and mobile radio coverage for the Common Talk Groups. The radio coverage for the Common Talk Groups is identical to that of other City of Miami Talk Groups that reside on the City of Miami 800 MHz Trunked Radio System. 3.03 The City of Miami shall be responsible for the maintenance and operation of the City of Miami Radio System, including all costs associated with permitting and licensing. 3.04 The City of Miami shall maintain the coverage within the City of Miami municipal boundaries as described throughout the term of this Agreement except for times of scheduled preventive 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 City of Miami shall notify the City of Fort Lauderdale of scheduled preventive maintenance within a reasonable period of time in advance of scheduled preventive maintenance. 3.05 The City of Miami shall be responsible for talk group and fleet mapping management. SECTION 4: CITY OF FORT LAUDERDALE EQUIPMENT AND RESPONSIBILITIES 4.01 The City of Fort Lauderdale's equipment will be 800 MHz mobile, portable, and control station equipment programmed to be used on the City of Miami's 800 MHz Trunked Radio System. The equipment used will be compatible with Motorola 800 MHz SmartNet and/or SmartZone communication systems. The City of Fort Lauderdale will be required to keep its equipment in proper operating condition and the City of Fort Lauderdale is responsible for maintenance of its radio equipment. 4.02 The City of Fort Lauderdale will only program the Common Talk Groups and the individual unit ID numbers assigned by the System Administrator as part of this Agreement. The City of Fort Lauderdale will not program into its radios the City of Miami operational talk groups without a letter of authorization or a signed agreement from the City of Miami. 4.03 The City of Fort Lauderdale shall provide the City of Miami 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 City of Fort Lauderdale or its service provider until requested and approved in writing by the System Administrator. 4.04 The City of Fort Lauderdale shall receive certain access codes (system key) to the City of Miami's System to enable the Common Talk Groups to be programmed into their equipment. Provided they are exempt from the Florida public records law, the access codes are to be treated as confidential information and the City of Fort Lauderdale is responsible to safeguard the code information from release to unauthorized parties. Provided it is exempt from the Florida public records law, 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 City of Miami will be kept confidential by the City of Fort Lauderdale and Page 3 of 10 will not be disclosed to any other party, directly or indirectly, without the City of Miami's prior written consent, unless required by law or lawful order. All system parameters shall be and remain the City of Miami's property and, provided they are exempt from the Florida public records law, may only be reproduced or distributed with the written permission of the City of Miami. The City of Fort Lauderdale agrees that the City of Miami has sole and exclusive ownership of all right, title and interest to the confidential information that is exempt from the Florida public records law and that such information may be recalled at any time. 4.05 Access and programming codes will only be released to: 1) service staff employed by the City of Fort Lauderdale, 2) approved commercial service providers under contract with the City of Fort Lauderdale, 3) City of Miami departments (Police Department, Fire Rescue and/or City of Miami Communications), or 4) another city that has in-house service personnel and an agreement with the City of Miami. 4.06 The City of Miami will approve all commercial service providers upon review of whether the contract terms between the City of Fort Lauderdale and the commercial service provider are adequate to protect the City of Miami's Radio System from misuse, harm or release of access and programming codes to unauthorized persons. 4.07 The City of Fort Lauderdale will be responsible for ensuring that the commercial service provider adheres to the terms of this agreement pertaining to the proper use of access/programming codes and radio use. 4.08 The City of Fort Lauderdale is solely responsible for the performance and the operation of the City of Fort Lauderdale equipment and, subject to the limitations contained in Section 768.28, Florida Statutes (2006), as amended or revised, any damages or liability resulting from the City of Fort Lauderdale's use thereof. Should the City of Miami identify malfunctioning City of Fort Lauderdale -owned equipment, the City of Miami will request that the City of Fort Lauderdale discontinue use of the specific device until the repairs are completed. The City of Miami may, in its discretion, disable the equipment from the System after properly notifying the City of Fort Lauderdale in writing if the device is causing interference to the System. 4.09 In the case of lost or stolen equipment, the City of Fort. Lauderdale will notify the System Administrator via e-mail or fax and request the disablement of said equipment. The request shall include the City of Miami issued individual unit ID number and the serial number of the radio(s). The System Administrator will then advise via e-mail when the lost or stolen equipment has been disabled. A request by the City of Fort Lauderdale to re -activate a disabled unit will also be required via e-mail or fax to the System Administrator. SECTION 5: SUBSCRIBER UNIT INFORMATION TO BE PROVIDED BY CITY OF FORT LAUDERDALE 5.01 The City of Fort Lauderdale will be required to provide to the City of Miami an initial inventory of the radios that are proposed to be programmed for use of the Page 4 of 10 Common Talk Groups. The City of Fort Lauderdale will provide the following information to the City of Miami: 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 City of Fort Lauderdale a matrix of the City of Miami talk groups, aliases, and radio ID numbers prior to the City of Fort Lauderdale's radios being activated on the City of Miami's 800 MHz system. The City of Fort Lauderdale is responsible for adhering to the Talk -Group and Radio ID allocations established by the City of Miami. 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 agency's radios. Usage of the Common Talk Groups is authorized to coordinate 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, perimeter communications, fire ground coordination, scene security and 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 duplicated talk groups programmed into their radios. Other prohibited uses include communications for special events and operations, use as an additional dispatch, administrative use or as a car -to -car talk group for a single agency. 6.03 Agencies utilizing the Common Talk Groups shall monitor the Calling Talk Group in their respective dispatch center to respond to calls for assistance from agencies covered in this Agreement. Agencies, which do not utilize their own dispatch center, are not required to monitor the Calling Talk Group. SECTION 7: INDEMNIFICATION AND LIABILITY The City of Miami makes no representations about the design or capabilities of the City of Miami System. The City of Fort Lauderdale has decided to enter into Page 5 of 10 this Agreement and use the City of Miami's System on the basis of having interoperability with the City of Miami and for 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 judgment or supervision of these professionals. Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services within the geographic bounds of the City of Fort Lauderdale rests with the City of Fort Lauderdale, which is providing such service, and not with the other party to the Interoperability Agreement. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the City of Fort Lauderdale shall indemnify, defend and hold harmless the City of Miami against any actions, claims or damages arising out of the City of Fort Lauderdale's negligence in connection with this Agreement, and the City of Miami shall indemnify, defend and hold harmless the City of Fort Lauderdale against any actions, claims, or damages arising out of the City of Miami's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes (2006), as amended or revised, nor shall the same be construed to constitute agreement by either party to indemnify the other for such other party's negligent, willful or intentional acts or omissions. The terms and conditions of this Interoperability Agreement incorporate all the rights, responsibilities, and obligations of the parties to each other. The remedies provided herein are exclusive. The City of Miami and the City of Fort Lauderdale waive all remedies with respect to each other, including, but not limited to, consequential and incidental damages. The City of Miami agrees to use its best reasonable efforts to provide the City of Fort Lauderdale with full use of the Common Talk Groups but makes no guarantee as to the continual, uninterrupted use of the radio communication system, or its fitness for the communication needs of the City of Fort Lauderdale. 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 full execution of this Agreement. The Agreement may be renewed for three (3) five-year terms thereafter. At least six months prior to the expiration of this Agreement's term, the City of Fort Lauderdale shall provide the City of Miami with a request to renew this Agreement. Such Renewal Amendment will require approval of both parties and the City of Miami may not unreasonably withhold its approval of the Renewal Amendment. SECTION 10: AMENDMENTS TO THIS AGREEMENT Page 6 of 10 This Agreement may be amended from time to time by written amendment as agreed to by all parties. SECTION 11: TERMINATION This Agreement may be terminated by either party with or without cause upon ten (10) days' written notice to the other party. Upon request of termination by the City of Fort Lauderdale, the System Administrator will proceed to disable the City of Fort Lauderdale's radios from the City of Miami's System. It will be the responsibility of the City of Fort Lauderdale to reprogram the City of Fort Lauderdale's radios removing the City of Miami's System information from the radios. The City of Fort Lauderdale will complete reprogramming the City of Fort Lauderdale's radios within sixty (60) days of the date of termination unless the City of Fort Lauderdale has greater than one hundred (100) radios, in which case the City of Fort Lauderdale shall have ninety (90) days to re -program its radios. 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 City of Miami: John F. Timoney, Chief of Police 400 NW 2nd Avenue Miami, FL 33128 City Attorney City of Miami 444 SW 2ND Avenue. Miami, FL 33012 With a copy to: Director, General Services Administration 1309 NW 20`h Street Miami, FL 33142-7722 Communications Technical Support City of Miami Police Department 400 NW 2nd Avenue Ste. 407 Miami, FL 33128 As to the City of Fort Lauderdale: City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 Page 7 of 10 City Communications Manager City of Fort Lauderdale 1301 SW 2nd Court Fort Lauderdale, FL 33312 SECTION 13: APPLICABLE LAW This agreement shall be construed in accordance with and governed by the laws of the State of Florida. SECTION 14: FILING A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Miami -Dade County, Florida, and a copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Broward County, Florida. 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 City of Miami and the City of Fort Lauderdale 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 the City of Miami or the City of Fort Lauderdale 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 City of Miami or the City of Fort Lauderdale officers. Page 8 of 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF MIAMI, a municipal corporation By Priscilla A. Thompson, City Clerk Pedro G. Hernandez, City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez Lee Ann Brehn City Attorney Acting Director of Risk Management Page 9 of 10 CITY OF FORT LAUDERDALE By Jim Naugle, Mayor By George Gretsas, City Manager (CORPORATE SEAL) ATTEST: Jonda K, Joseph, City Clerk APPROVED AS TO FORM: City Attorney Page 10 of 10