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HomeMy WebLinkAbout2022 08 22 Consent 300 - Seminole County Sheriff's Office / City of Winter Springs Agreement for Dispatching Services - FY 2023 Addendum • CONSENT AGENDA ITEM 300 n, CITY COMMISSION AGENDA I AUGUST 22, 2022 REGULAR MEETING 1959 00 we TITLE Seminole County Sheriff's Office / City of Winter Springs Agreement for Dispatching Services - FY 2023 Addendum SUMMARY The Seminole County Sheriff's Office (SCSO) and the City of Winter Springs desire to remain in a contractual agreement to consolidate emergency dispatching services for the City through the SCSO. Commission approved the consolidation of emergency service through SCSO at the August 9, 2021 regular commission meeting. Currently, the SCSO serves all of the municipalities in the county in the capacity of a Public Safety Answering Point (a centralized call center). The continued consolidation of communications services will be a transparent operational action to our residents and those in need calling for police or emergency medical services, as all non-emergency phone calls coming in through the business phone line number will remain constant. Emergency 911 calls will continue to be routed through SCSO regardless of landline or cellular phone origin. RECOMMENDATION Staff recommends City Commission to approve the City Manager, City Attorney, and Mayor to execute the contract addendum for FY 2023 and all applicable documents with the Seminole County Sheriff's Office for emergency dispatching services consolidation to include a CPI increase of 3% from the previous year. 1 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 Sheriff's 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 I 2 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. Cooperation 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. SCSOa_ rrees 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. 2 3 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. B. WINTER SPRINGS aurees 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. 3 4 C. BOTH PARTIES agree: 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 full-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. 4 5 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 30tb 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 Pavment Due Oct. I'—Dec. 31" Nov. 151b January 1st—March 31St February 151h April 1St—June 30tb May 15th July 1'—September 30th August 15th S. Payments 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/LiabiIh N 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 parry'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. 5 6 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. Dispute 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. 6 7 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 Se le County She ' s ffice ell By: Kevin clUann By: Dennis M. Le Mayor Seminole County Sheriff ATTEST. By: Christian Gowan, City Clerk Date Date • v' • Z to O " Coo, 8 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 Sheriffs 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. ry •. so 1'q v rr► s •Y Fd Qt �3 9 Attachment B: WINTER SPRINGS FULL-TIME DISPATCH EMPLOYEES Last Name First Name Date of Hire Hourlv Pay Rate Kle in Jennifer 12/27/1999 $20.94 Brana Shell12/15/2005 $21.09 Lewis Cristen 11/2/2016 $15.08 Koch Nicholas 4/3/2017 $15.28 Perry Brandy 5/21/1018 $15.75 McCoy Helen 5/26/2020 $14.89 9 10 Seminole County Sheriffs Office / City of Winter Springs Agreement for Dispatching Services - FY 2022/23 Addendum In accordance with the terms and conditions set forth in the Agreement for the provision of dispatch services between the Seminole County Sheriffs Office and the City of Winter Springs the following addendum has been proposed and agreed upon for FY 2022/23 commencing on October 1, 2022 and ending September 30, 2023. Pursuant to Paragraph 6 of the Agreement,the pricing for dispatch services for FY 2022/23 shall be as follows: Cost for Services:/ WINTER SPRINGS agrees to reimburse SCSO for dispatching services as set forth in this Agreement for services to be rendered in FY 2022/23 commencing October 1, 2022 and ending September 30, 2023 in the amount of $471,700 payable quarterly in accordance with the following schedule: Performance Period Payment Amount Payment Due Oct. 1,2022—Dec. 31, 2022 $ 117,925.00 Nov. 15, 2022 Jan. 1, 2023—Mar. 31,2023 $ 117,925.00 Feb. 15,2023 Apr. 1, 2023—Jun. 30, 2023 $ 117,925.00 May 15, 2023 July 1, 2023 —Sep. 30, 2023 $ 117,925.00 Aug. 15, 2023 All provisions of the Agreement for Dispatch Services, except the pricing set forth in Paragraph 6 as amended herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties agree to the changes set forth herein,the dates of signature of the parties notwithstanding, hereafter referred to as the FY 2022/23 Addendum to the Dispatch Services Agreement previously entered into by the parties on September 21, 2021. City of Winter Springs Seminole County Sheriff"s Office Kevin McCann Dennis M. Lemma Mayor, City of Winter Springs Sheriff Date Date Winter Springs Police Department Matt Tracht Chief of Police 11