2253 Agreement Between Sem Co Sheriff & COS Dispatch Svcs�. SCANNED
•
(SANFORD POLICE DEPARTMENT)
TRANSMITTAL MEMORANDUM
1`: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
❑
Development Order
❑
Mayor's signature
❑
Final Plat (original mylars)
❑
Recording
❑
Letter of Credit
❑
Rendering
❑
Maintenance Bond
®
Safe keeping (Vault)
❑
Ordinance
❑
❑
Performance Bond
❑
Resolution
❑
Agreement Between the Seminole County
Sheriff's Office and the City of Sanford for Law
Enforcement and Dispatching Services
Once completed, please:
❑ Return original
❑ Return copy
® Maintain the fully executed copy on file.
Special Instructions:
Please advise if you have any questions regarding the above.
Thank you!
J ani Waa& Q !#!uLg 19, 2020
From Date
U�O,E
r -"e / 3. �?Oz
AGREEMENT BETWEEN
the
SEMINOLE COUNTY SHERIFF'S OFFICE
and the
CITY OF SANFORD
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 Sanford, whose address is 300 North Park Avenue, Sanford,
Florida 32771, hereinafter referred to as "SANFORD".
WITNESSETH:
WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14), Florida
Statutes, SCSO and SANFORD are authorized to enter into inter -local agreements for the
provision of services; and
WHEREAS, SCSO maintains seven days per week, twenty-four hours per day
law enforcement dispatch services; and
WHEREAS, SANFORD 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 SANFORD agree as follows:
1. Term and Termination.
The term of this Agreement shall be from October 1, 2020, until September 30,
2023, 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.
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
representative listed in Section 9 Notices. In the event of termination, payment for
services will be prorated to coincide with the date of termination.
1
2. Purpose.
The purpose of this Agreement is to provide law enforcement dispatch services for
the Sanford Police Department and city residents as requested by SANFORD.
3. Third Partv 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. SCSO agrees to:
i) Provide law enforcement dispatching services for the Sanford Police
Department twenty-four hours per day, seven days per week. Calls for such
services, in addition to 911 calls, are to be directed to telephone numbers to
be provided by SCSO and SCSO will dispatch SANFORD 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 SANFORD.
iv) Keep adequate records and provide report data to SANFORD or the general
public in such formats and at such time intervals as are mutually agreed
upon by both parties.
v) Provide the Sanford 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 SANFORD and SCSO as amended
from time to time, Attachment B to this Agreement.
vi) Provide for sufficient number of personnel, appropriately qualified, to
perform law enforcement dispatch services set forth within this Agreement.
vii) SCSO maintains the records for the dispatch center, however SANFORD
will remain the custodian of the dispatch records for the Sanford Police
Department. In the event SCSO receives a public records request for
SANFORD records maintained by SCSO pursuant to this Agreement, SCSO
2
will forward the request to SANFORD and SANFORD will be responsible
for responding to such request. SCSO will not respond to any public records
requests for SANFORD's records.
viii) SCSO will maintain all SANFORD dispatch records under this Agreement
in accordance with Florida law.
B. SANFORD agrees to:
i) Ensure that the Sanford Police Department observes the instructions and
standard operating procedures 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 SANFORD police officers.
iii) In situations where the SANFORD Chief of Police or any other SANFORD
officer needs to dispatch SANFORD 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) SANFORD. shall supply SCSO with a list of all personnel authorized to
liaison with SCSO in regard to the provision of services as set forth within
this Agreement. The SANFORD 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) SANFORD'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 SANFORD 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 Sanford
Police Department. SCSO will refer any such telephone and walk-in
complaints to the Sanford Police Department.
B. BOTH PARTIES agree:
i) To fully comply with all terms set forth in this Agreement including
attachments as applicable thereto, between SCSO and the SANFORD 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, including the
determination of wages and benefits for employees.
iii) That SCSO's dispatch employees are not employees of SANFORD and are
not entitled to wages or benefits that belong to SANFORD employees.
3
6. Compensation and Payment.
A. Cost for Services.
Cost of services reflects SCSO's determination of the fair and reasonable share
of SANFORD's cost of SCSO's Communications Center. SANFORD agrees to
pay SCSO for services rendered as set forth in this agreement on a fiscal year
basis commencing October 1st and ending September 30th of each year. Pricing
will be provided to SANFORD by July 1st of each year for the ensuing fiscal
year. Pricing shall be capped at a 5% growth per annum with the original
pricing for fiscal year 2020-21 set at $666,900.00. The annual amount is
payable on a quarterly basis in accordance with the following payment
schedule:
Performance Period Payment Due
Oct. 1st —Dec. 31st Nov. 15th
January 1 st — March 31st February 15th
April 1st — June 30th May 15th
July Is'— September 30th August 15th
B. Payments to be sent to.
All payments from SANFORD to SCSO shall be sent to the following address:
Seminole County Sheriffs Office
Fiscal Services Division
100 Eslinger Way
Sanford, Florida 32773
Ref: Law Enforcement Dispatching Services Agreement
7. Indemnification/Liability.
Pursuant to 768.28(19) Florida Statutes, neither SCSO nor SANFORD 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 ensure 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.
8. Authority over SCSO.
Both PARTIES agree that SANFORD's determination to cause the provision of
services by this Agreement is an exercise of the legislative function of SANFORD
and that at no time will SANFORD exercise any specific operational control over
the activities of SCSO.
4
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. SCSO Sheriff or his designee
and the SANFORD 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 Sheriff's Office
100 Eslinger Way
Sanford, Florida 32773
For SANFORD
Cecil E. Smith, Chief of Police
Sanford Police Department
815 Historic Goldsboro Boulevard
Sanford, Florida 32771
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 Agreement
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.
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 Sanford
Traci Houchin, ECRM,
MMC
City Clerk
q`J
Date
Seminole County Sheriff
A.
Dennis M. emma
Seminole County Sheriff
Witness
b7 0 04,0
Date
6
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 Sanford 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.
SANFORD'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 Sanford Police Department maintains a direct connect NCIC/FCIC workstation, the
City of Sanford Police Department still must sign an FDLE Criminal Justice User Agreement.
7