HomeMy WebLinkAboutSeminole County Sheriff's Office Agreement for Law Enforcement Dispatching Services - 2021 08 16 AGREEMENT BETWEEN
the
SEMINOLE COUNTY SHERIFF'S OFFICE
and the
CITY OF WINTER SPRINGS
for
LAW ENFORCEMENT DISPATCHING SERVICES
THIS AGREEMENT is made and entered into by and between Dennis M. Lemma, as
Sheriff of Seminole County on behalf of the Seminole County Sheriffs Office, a
Constitutional Officer of the political subdivision of Seminole County, State of Florida,
whose address 100 Eslinger Way, Sanford, Florida 32773, hereinafter referred to as
"SCSO", and the City of Winter Springs, whose address is 1126 East State Road 434,
Winter Springs, Florida 32708,hereinafter referred to as"WINTER SPRINGS".
WITNESSETH:
WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14) Florida Statutes,
SCSO and WINTER SPRINGS are authorized to enter into inter-local agreements for the
provision of services; and
WHEREAS, SCSO maintains seven days per week, twenty-four hour per day law
enforcement dispatching services; and
WHEREAS, WINTER SPRINGS has determined that it is advantageous for the city and
its residents to contract with SCSO for the provision of law enforcement dispatching
services.
NOW, THEREFORE, in consideration of the mutual understandings and Agreements
set forth herein, SCSO and WINTER SPRINGS agree as follows:
1. Term and Termination
The term of this Agreement shall begin on the "transfer date," until September 30,
2024, the dates of signature of the parties notwithstanding, and shall be renewable
for a new term thereafter upon mutual written agreement by both parties and in
accordance with applicable clauses set forth herein. The "transfer date" is
anticipated to be September 21, 2021, or such later date that is mutually agreed
upon by both parties.
This Agreement may be terminated by either party, with or without cause, by
providing twelve months written notification in advance to the other party.
Notification shall be by hand delivery or certified mail to the designated
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representative listed in Section 10 Notices. In the event of termination, payment for
services will be prorated to coincide with the date of termination.
2. Purpose
The purpose of this Agreement is to provide law enforcement dispatch services for
the Winter Springs Police Department and city residents as requested by WINTER
SPRINGS.
3. Third Part:,-Beneficiaries
This Agreement is intended to apply to the two parties to this agreement only and
there are no third-party beneficiaries to this Agreement.
4. Coo�)eration
It is agreed that both parties shall provide all reasonable and necessary cooperation
and assistance so as to facilitate this Agreement.
5. Basic Services
A. SCSO a revs to•
i) Provide law enforcement dispatching services for the Winter Springs Police
Department twenty-four hours per day, seven days per week. In addition to
911 calls, other calls for services are to be directed to telephone numbers to
be provided by SCSO and SCSO will dispatch WINTER SPRINGS police
units in response.
ii) Provide necessary instruction and training in SCSO's radio protocol and
communications procedures necessary for the provision of dispatch services.
iii) Maintain a numbered zone or other appropriate means of identification for
calls received and dispatched for WINTER SPRINGS.
iv) Keep adequate records and provide report data to WINTER SPRINGS or the
general public in such formats and at such time intervals as are mutually
agreed upon by both parties.
v) Provide the WINTER SPRINGS Police Department twenty-four hours a
day, seven days a week access to information contained in the Florida Crime
Information Center System (FCIC), National Crime Information Center
System (NCIC), National Law Enforcement Telecommunications System
(NLETS), other state and national criminal justice information systems,
motor vehicle registry, drivers license registry, boat registry, and
administrative information systems and other such databases currently
available to law enforcement agencies. Access to this service is controlled
by the terms and conditions outlined in the Interagency Agreement for
Criminal Justice Computer Services and Support between WINTER
SPRINGS and SCSO, Attachment A to this Agreement.
vi) Provide for sufficient number of personnel, appropriately qualified, to
perform law enforcement dispatch services set forth within this Agreement.
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vii) The SCSO maintains the records for the dispatch center, however WINTER
SPRINGS will remain the custodian of the dispatch records for the Winter
Springs Police Department. In the event SCSO receives a public records
request for WINTER SPRINGS records maintained by SCSO pursuant to
this Agreement, SCSO will forward the request to WINTER SPRINGS and
WINTER SPRINGS will be responsible for responding to such request.
SCSO will not respond to any public records requests for WINTER
SPRINGS records.
viii) SCSO will maintain all WINTER SPRINGS dispatch records under this
Agreement in accordance with Florida law.
S. WINTER SPRINGS a gees to:
i) Insure that the Winter Springs Police Department observes the instructions
and standard operating procedures to be provided by SCSO for radio
protocol and for coordination of dispatching efforts under the Agreement.
ii) Provide adequate radio equipment, compatible with communications
equipment utilized by SCSO, to City police officers.
iii) In situations where the Winter Springs Chief of Police or any other Winter
Springs officer needs to dispatch City police officers, an SCSO dispatcher is
to be notified as soon as possible as to the nature of the call and the location
to which the police unit was dispatched.
iv) WINTER SPRINGS shall supply SCSO with a list of all personnel
authorized to liaison with SCSO in regards to the provision of services as set
forth within this Agreement. The Winter Springs Chief of Police shall also
advise SCSO as to which types of calls reported and/or dispatched require
notification to the Chief or designee(s).
v) Winter Springs's non-emergency police department telephone number that
can be reached by the public during the business hours, will at the very least
have an after-hours message that instructs the caller to hang up and dial
9-1-1 if the call is an emergency.
vi) It is understood by WINTER SPRINGS that the services called for in this
Agreement only includes dispatch services for law enforcement activities
and does not include dispatch service for non-law enforcement activities,
telephone complaint report writing, or walk-in complaints directed to the
Winter Springs Police Department. SCSO will refer any such telephone and
walk-in complaints to the Winter Springs Police Department.
vii)WINTER SPRINGS agrees to keep its dispatch center facility in an
operational fashion (i.e. working phone lines and dispatch terminals) and
allow SCSO full access and use of the Winter Spring's dispatch center
facility following the transfer date of this contract to utilize during SCSO's
Communication Center Expansion and Remodeling Project (the "Project")
in order to facilitate SCSO dispatch center operations as needed during the
Project. The Project is anticipated to be completed by March 31,2022.
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C. BOTH PARTIES al xee:
i) To fully comply with all terms set forth in this Agreement including
attachments as applicable thereto, between SCSO and the Winter Springs
Chief of Police. This Agreement includes Attachment "A" regarding the
NCIC/FCIC databases, which is attached hereto and incorporated herein by
reference.
ii) That SCSO shall have and maintain all responsibility and control over the
delivery of services as set forth herein, standards of performance, discipline
of personnel and other matters incident to the performance of services,
duties and responsibilities described and contemplated herein.
iii) That SCSO's Communication Center Division employees are not employees
of WINTER SPRINGS, and are not entitled to wages or benefits that belong
to WINTER SPRINGS employees.
iv) To transfer the employment of up to six (6) incumbent fall-time WINTER
SPRINGS dispatch employees (Attachment B) and further agree:
a. That SCSO will hire the six (6) incumbent employees, currently
employed full-time by WINTER SPRINGS, to work in the SCSO
Communications Division; provided they meet all employment
requirements of SCSO. If any of the incumbents do not meet the
employment requirements of SCSO, notification will be made to
WINTER SPRINGS regarding incumbent's ineligibility as soon as
practicable after making the determination.
b. That the incumbent employees accepted for hire by SCSO will begin
employment on the transfer date, their SCSO hire date, and in the job
classification determined by SCSO and at their existing WINTER
SPRINGS hourly rate of pay.
c. That accumulated leave balances of up to 200 hours may be
transferred to SCSO as PTO (personal time-off). Employees will
accrue leave time under SCSO policy based on their date of hire with
WINTER SPRINGS. That any remaining leave balances not
transferred to SCSO will remain the responsibility of WINTER
SPRINGS.
d. That Group benefits will be provided as established for SCSO full-
time employees. That WINTER SPRINGS will provide benefit plan
coverage (i.e. health, dental, vision, etc.) for employees transferring
through the end of the month following the month of transfer, to
ensure that employees transferred do not have a lapse in benefit plan
coverage.
e. That SCSO will cover employees for pension under the Florida
Retirement System (FRS) as new employees on the date of transfer
and as provided through FRS. That all current pension plan benefits
regarding WINTER SPRINGS pension plans will remain the
responsibility of WINTER SPRINGS.
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6. Compensation and Pavment
A. Cost for Services
Cost of services reflects SCSO's determination of the fair and reasonable share
of WINTER SPRINGS's cost of SCSO's Communications Center. WINTER
SPRINGS agrees to pay SCSO for services rendered as set forth in this
agreement on a fiscal year basis (in the initial year of service pricing is prorated
on a monthly basis, beginning with the month of implementation) commencing
October 1St and ending September 30th of each year. Pricing will be provided to
the City by July 1 st of each year for the ensuing fiscal year. Pricing shall be
capped at a 5% growth per annum with the original pricing set at $458,000, the
pricing for fiscal year 2021-22. The parties recognize that these services will be
commenced at a mutually agreed upon transfer date, and the cost will be pro-
rated at$114,500 per quarter, or$38,167 per month, if less than a full quarter.
The annual amount is payable on a quarterly basis in accordance with the
following payment schedule:
Performance Period Pa\ment Due
Oct. I St—Dec. 31St Nov. 151h
January 1 st—March 31St February 15th
April Is'—June 30th May 15th
July 1'—September 30th August 15tb
S. Pavments to be sent to
All payments from WINTER SPRINGS to SCSO shall be sent to the following
address:
Seminole County Sheriffs Office
Fiscal Services Division
100 Eslinger Way
Sanford, FL. 32773
Ref. Law Enforcement Dispatching Services Agreement
7. Indemnification/Liahili
Pursuant to 768.28(19) Florida Statutes, neither SCSO nor WINTER SPRINGS
waives any defense of sovereign immunity, or increases the limits of its liability,
upon entering into this Agreement. This Agreement does not contain any
provision that requires one party to indemnify or insure the other party for the
other party's actions, or to assume any liability for the other party's actions. Each
Party agrees that it is solely responsible for the wrongful acts of its officers,
employees, agents and volunteers.
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8. Authority over SCSO.
Both PARTIES agree that WINTER SPRINGS's determination to cause the
provision of services by this Agreement is an exercise of the legislative function of
WINTER SPRINGS and that at no time will WINTER SPRINGS exercise any
specific operational control over the activities of SCSO.
9. Dis mte Resolution
This Agreement shall be governed by and construed with the laws of the State of
Florida. Venue shall be in Seminole County, Florida. The SCSO Communications
Division Director or his designee and the WINTER SPRINGS Chief of Police or his
designee shall resolve minor disputes.
10. Notices
Whenever any party desires to give notice unto the other party, notice may be sent
to:
For SCSO
Lisa Spriggs, Chief of Administrative Services
Seminole County Sheriffs Office
100 Eslinger Way
Sanford, Florida 32773
For WINTER SPRINGS
Shawn Boyle, City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
11.Assignment
This Agreement may not be assigned, in whole or in part, by any of the parties
without the express written consent of the other party.
12. Entire A=reement
It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral Agreements and negotiations
between the parties relating to the subject matter hereof, as well as any previous
Agreement presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendment, deletions, or waivers of the provisions of the
Agreement shall be valid only when expressed in writing, approved by the
respective parties and duly executed on behalf of each party as set forth herein.
13. Filing with Clerk of the Court
This Agreement will become effective upon filing with the Seminole County Clerk
of the Court. WINTER SPRINGS agrees to file this Agreement with the Clerk of
Court within 10 days of the last date of execution.
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IN WITNESS WHEREOF, the parties to this Agreement have caused their name to be
affixed hereto by the proper officers thereof for the purposes herein expressed.
City of WINTER SPRINGS ZSe --- e County Sher' s ffice
r
By: Kevin MkE: ann By: Dennis M. Le
Mayor Seminole County Sheriff
ATTEST-
By: Christian Gowan, City Clerk
Date Date
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Attachment A: NCIC/FCIC DATABASES
In accordance with policies and procedures set forth by the Federal Bureau of Investigation(FBI)
and the Florida Department of Law Enforcement (FDLE) concerning the use of NCIC and FCIC
databases,the following applies:
➢ The City of Winter Springs Police Department hereinafter shall be referred to as the
Owner of the Record.
The Seminole County Sheriff's Office shall hereinafter be referred to as the Holder of the
Record.
The Seminole County Sheriffs Office Communications Division shall be responsible for
entering records into the NCIC/FCIC automated systems.
SCSO's responsibilities:
1. The Holder of the Record shall be responsible for updating all records maintained in the
NCIC and/or FCIC automated systems.
2. The Holder of the Record shall be responsible for confirming a hit on a record in accordance
with policies and procedures established by the FBI/NCIC and the FDLE/FCIC system on behalf
of the Seminole County Sheriff's Office.
3. The Holder of the Record shall be responsible for removing records from the file in
accordance with established NCIC/FCIC policies and procedures.
WINTER SPRINGS'S responsibilities:
1. The Owner of the Record shall notify the Holder of the Record immediately when any record
covered under the terms of this Agreement is to be cancelled or modified in accordance with
applicable NCIC/FCIC procedures.
2. The Owner of the Record shall provide complete supporting documentation to the Holder of
the Record prior to initial record entries being made.
3. The Owner of the Record shall validate each record covered under the terms of this
Agreement in accordance with NCIC/FCIC policies and procedures.
If the City of Winter Springs Police Department maintains a direct connect NCIC/FCIC
workstation, the City of Winter Springs Police Department still must sign an FDLE Criminal
Justice User Agreement.
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Attachment B: WINTER SPRINGS FULL-TIME DISPATCH EMPLOYEES
Last Name First Name Date of Hire 1 Hourlv Pav Rate
Kle in Jennifer 12/27/1999 $20.94
Brana Shell 12/15/2005 $21.09_1
Lewis Cristen 11/2/2016 $15.08
Koch Nicholas 4/3/2017 $15.28
Pe Brand 5/21/1018 $15.75 ,
McCoy Helen 5/26/2020 $14.89
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