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CONTRACTUAL AGREEMENT FOR RADIO DISPATCH SERVICE - DUNEDIN ~ II ~ONTRACTUAL I~GREEMENT FOR RADIO DISPAT4'1 SERVICE BETUEEN THE CITY OF CLEARHATER) FLORIDA AND THE CITY OF DUNEDIN) FLORIDA J.-- This Agreement is made and entered into this -'/3 day of ~ U t 197f, by and between the following municipal corporations located in Pinellas County, Florida, specifically the City of Clearw~ter, Florida, a municipal corporation, and the City of Dunedin, Florida, a municipal corporation, pursuant to the Florida Interlocal Cooperation Act of 1969, Section 163.01, et. seq., Florida. Statutes: WITNESSETH: WHEREAS, the parties hereto desire to ~mplement Section 287.29 Florida Statutes (Laws 72-296), relating to regional law" enforcement communications, and WHEREAS, the parties hereto desire to interface law enforce- ment communication bet~een themselves and other governmental entities .. . . which operate within the County of Pinellas, and WHEREAS, the City of Dunedin desires to enter into a contractual agreement for communications dispatch service from the City of Clear- water, Police Department Communications Center; NOW, THEREFORE, it is hereby agreed by and between the\parties hereto that: ~~ 1. The Clearwater Police Communications Center shall provide law enforcement communications service to the parties hereto, as designated in the Florida County and Municipal Lalof Enforcement Commun- ications Plan (a copy of which is attached hereto and made a part hereof as if formally rewritten herein). 2. The Clearwater Police Communications Center shall provide la\of enforcement communications services and appropriate auxiliary services to the parties hereto on a continuous basis, in accord with generally accepted standards of law enforcement operations and subject to provisions contained herein as the standards and provisions are specifically detailed in the Standard Operating Procedures Manual to be jointly developed. '. F.C.C. licenses, excluding mobile, shall be 1n .:;-- c_'"~' ,~- .. '. . " . . .. .. .. . " .p .: ... .. < . . .. .r . . ... .. of ~e City ofClealwater Police Department iJ accordance with F.C.C. Rules and Regulations. 4. The Clearwater 'Police Department shall hold the title and retain care, custody and control of all systems, components and facil- ities, except for mobile, portable and remote control units assigned to other parties. The Clearwater Police Department shall further he responsible for planning, acquiring, installing and maintaining the common communications equipment of the Clearwater Police Communica- tions Center. 5. Each party shall be responsible for the custody and main- tenance of alJ mobile, portable and remote control equipment used by its officers, subject to minimum standards and compatibility ~f equip- ment as determined by the Clearwater Police Department and the State of'Florida. Division of Communications. 6;".The manner of employing, engaging, compensating, trans. f~rlingor discl~arging necessary personnel shall be subj ect to the Civil Service Rules of the City of Clearwater. All employees of the Center shall be empl<?yees of the City of Clearwater. 1~ In the'event of an emergency situation, ~s defined in the stflndard Operating Procedures, arising iri one or both of the individual cDmmunities., the affected community shall be able to utilize its local , . . take-~ver position for dispatch and coordination of emergency oper- ations. ~., .. . fh~.'" -Al'!:-.co.:;ts', of op'~rating and maintaining the Communications . \ . \ Center~including RT Circ~its necessary for operation of the radio ~_. . $ys-tem, in'i tially shall be paid by the City of Clearwater Police De- part~ent, subject to receiving compensation from appropriate federal, s~ate..countyor municip~l funding sources; and all purchases, con- tracts and gra~ts for the PUTPpse of operating the Clearwater Police . . Commu~ications Center shall be in the name of the City of Clearwater P61ice Departmefit, provided: fa) ,That sl)ch costs shall consist of the following items: Personnel salaries and benefits; depreciaticn of systems com- ponents; expenses, both operating and capital, which are necessary for the maintenance and improvement of the Commun- ications System and are not funded through federal,state . :,~':::~._-~ ., '.1 . ':' _i'.~~ . ,;,i:'~;;X;;i~~; ~ . . I I and county programs, provided that the -improvements are in compliance with the State Plan; all costs of collecting over- due, pro-rata service paymen~s of the parties herein, including but not limited to court costs and reasonable attorney's fees; and such other costs as determined by the City of Clearwater. (b) The costs as defined herein above shall be pro-rated monthly between participating parties based on the percentage of the proportion of the following compilations of each participating party as it bears to the sum total of all parti- cipating parties: (1) population as based on such surveyor compilation as decided by the annual survey of the Pinellas County Planning Council; (2) a combination of population and service to be determined by the City of Clearwater. (c) The City of Clearwater shall maintain financial records relating to the costs of operating and maintaining the Commun.- ications Center, which records shall be provided monthly to the parties or their representatives as mandated by-Section ........ 199.01, Florida Statutes. 9. The parties hereto will be subject to all rules, regu- lations and procedures in regard to the use of the Communications . F.C.C. and 'System as required by the Clearwater Police Department, the State of Florida, Division of Communications. 10. The Clearwater Police Dep~rtment shall provide a training ... program for the Cit~ of Dunedin at no cost to the City of Dunedin. 11. The management of the law enforcement Communicatio~s System of the Clearwater Police Communications Center shall be under the authority of the Clearwater Police Department, and (a) The City of Dunedin shall make available all radio equipment for inspection and maintenance as required by the Clearwater Police Department; (b) Each party hereto shall bear all legal expenses and shall be responsible for the payment of any fines due to any F.C.C. violation committed by personnel under their employ, particularly violations of Section 510, F.C.C. Regulations. I I f (c) No party to this Agreement shall operate unauthorized equipment upon the system. Any party wishing to operate equipment upon the system shall submit such equipment for approval by the Clearwater Police Department, and the State of Florida, Division of Communications, prior to operation of the equipment on the system. 12. The parties hereto will be responsible for the maintenance of their mobil~, portable and remote control units, but the units must be available for inspection by the service contract holder of . the Clearwater Police Communications Center. 13. The City of Dunedin shall pay the City of Clearwater its pro-rata service.payment for Communications Center costs thirty (30) days after billing. Pro-rata serviee payments made by the afore- . mentioned City shall be placed in a special a,ccount to be held by the ~ CitY9fClear~ater. Disbursals from said special account shall be us.ed'only ,to pay .the costs of the Communications Center as provided by, the Agreement herein. Any interest received from such special accpunt shall remain ~n said account and be used only for operational co~ts dfthe Communications Center as provided by tne Agreement herein. If the aforementioned City does not pay its pro-rata service payment . on Dr ~~foie the date due, it agrees to be assessed a penalty equal to~en percent (10%) monthly of the amount of any outstanding monthly p:ro-r.ata service'p'a~ent. This ten percent (10%) monthly penalty will contInue for each .m'o-nththe City's, inonthly pro-rata service payment. \ ~emai~s ~npaid~. The City of Clearwater may termin~te all service to the Citi gf Dunedin in the event the City of Dunedin does not pay its pro-rata servic'.e payment and pen'alty for a period of sixty (60) days '. .' . after receiving written notice of non-payment. 14. The established pro-rata share of operating expenses of the Communications Center will be billed to the City of Dunedin each month .. . and.will become delinquent if not paid in thirty (30) days. Notice . of delinquency will be mailed on the first day of the following month by certified mail. 15. The period of this Agreement shall be sixty (60) months, . . . commencing on October 1, 1976, with such exception as stated in preceding paragraphs, or until such time as both parties mutually -4'" , , ; ~ agree to terminatiJb prior to said sixty (60)lmonth period. In f the event of withdrawal by the City of Dunedin, and with approval by the State of Florida, Division of Communications, the City of Clearwater will support the City of Dunedin in acquiring an F.C.C. license for operation of ~ radio system. 16. All gifts or grants in furtherance of the purposes of the Clearwater Police Communications Center issued by the county, state or fed~ral government or branches thereof shall be used for the . . purpose of reducing the overall costs of the Communications Center, aCAuisition of new or replacement equipment and for the implemen- tation of subsequent phases of the Clearwater Police Communications Center. Monies from said gift(s) or grant(s) shall be deposited in a special account in the name of the City of Clearwater. Said special account shall be used for no other purpose than payment .of costs of the Communications Center. 17. All requests, claims, proposals and applications for federal, state or county funding for the operation of the Clearwater Police Communications Center shall be made by the City of Clearwater. 18. At ninety (90) day intervals upon implementation of said Agreement, the Chief of Police of Dunedin or his designate shall confer with the Chief of Police of Clearwater or his designate, to air grievances, evaluate current policy and advise or recommend any change or modification in procedure which ,might-affect the quality and/or level of service provided the City of Dunedin. r, 19. Prior to 'submission of the Communications Center operating budget by the Chief of Police of the City of Clearwater to the City Manager of the City of Clearwater, the aforementioned btidget shall' be subject to review by the City Manager of the City of Dunedin. 20. Any dispute arising between the parties hereto, including but not limited to questions relating to costs assessed to the parties, shall be arbitrated by the Director, State of Florida, Division of Communications, whose decision shall be binding to all parties. 21. All funds, payments to and disbursements on behalf of the Clearwater Communications Center shall be strictly accountable :'5- :0.. , . I. - 1 by the Finance Department, City of Clearwater, which department shall cause the completion of an annual audit of the Clearwater Police Communication Center, the cost of which audit shall be con- sidereu a cost of operation of the Clearwater Police Communications Center. A copy of the audit shall be provided the City Manager of each respective City. 22. Each of the parties will be responsible for the damage to any system equipment caused by the party's negligence or lack of proper care and maintenance. 23. The City of Dunedin shall, at no charge, provide adequate site locations necessary for implementation of the radio system, for the City of Clearwater. 24. All Police Communications Radio Dispatchers employed by the City of Dunedin at the time of the ratification of this Agreement, shall be hired by the City of Clearwater, subject to the approval of . the City of Clearwater Civil Service Board. These employees will be grandfathered into the staff of the Communications Center at the salary and benefits received by said employees .at the time of their hiring. 25. This Agreement shall be self-executing and shall become operational with respect to any named party upon execution of the Agreement by the official representative of that. party. . Notwith~ standing any failur~ to&ecute this Agreement on the part of any ., party, the Agreement ,shall be in full force and effect between signatories. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by the proper officials on the dates stated below. rrectness: CLEARWATER, a municipal . ion of the State of Florida By . 13, .~:o - - , Ie - CLf ~.H.alJei"- Attest: ~.<--'~o~)._~ C~ty C~Ek.. ~..~ CITY OF DUNEDIN, a: municip.a-l d- corporation of the Stat~ of Florida By /~~v~~~A~ T1tle - MAYOR-COMMISSIONER BY~~~. --- ....C!TV MAN~ tv - ,)-