The URL can be used to link to this page

Home My WebLink AboutR-93-37RESOLUTION NO. R-93-37 RE~(~D VERIFIED JEFFF~Ey K. BA~-?I"ON CLEFI~( CIF~C(,,/IT COuFt'F INDIAN [:~IVER CO,, /::LA A RESOLUTION OF THE CITY OF SEBA~TI~N, INDIAN RIVER COUNTY, FLORIDA, AUTHORISING THE MAYOR AND CITY CLERK TO SIGN, ON BEHALF OF THE CITY~ A COMMUNICATIONS SERVICES AGREEMENT~ PROVIDING FOR RECORDING~ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH~ PROVIDING FOR BEVERABILITY~ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County, Florida, has requested that N the City sign a Communications Services Agreement; and WHEREAS, the City Council of the City of Sebastian, after reviewing the proposed Communications Services Agreement submitted by Indian River County, Florida, for its approval, and after engaging in deliberations, has determined that it would be in the best interest of the City of Sebastian and its citizens, and in furtherance of a valid municipal purpose, for the City of Sebastian to sign the Communications Services Agreement as requested by Indian River County, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: Section 1. AGREEMENT. The Mayor and the City Clerk of the City of Sebastian, Indian River County, Florida, are hereby authorized to sign, on behalf of the City, the proposed Communications Services Agreement proposed by Indian River County, Florida, a copy of the proposed Communications Services Agreement having been attached to this Resolution as Exhibit "A" and by this reference is incorporated herein. The original Communications Services Agreement shall be forwarded by the City ~CUMENT~J~Y DEED $ - ~ ~ NOTE $ JEFFREY K. BA~ON. ClE~ INDAN ~1VE~ COUNTY Clerk to the Clerk of the Circuit for Indian River County for recording. Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-90-33. Section 4. BEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the city of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Resolution without such invalid and unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by ~---- Councilmember ~~/ct~ . The motion was / seconded by Councilmember ~.~ and, upon being put into a vote, the vote was as follows: Mayor Lonnie R. Powell Vice-Mayor Frank Oberbeck Councilmember Carolyn Corum Councilmember Norma J. Damp Councilmember Robert Freeland The Mayor thereupon declared this Resolution duly passed and adopted this //J~-~-' day of ~~' , 1993. City Clerk "' (sm ) Approve rm and Content: Charles Ian Nash, City Attorney COMMUNICATIONS SERVICES AGREEMENT This Agreement, entered into this ~l~r day of ~~__, 199~__, by and between the Sheriff's Office of Indian River County, Florida and the Sebastian Police Department, Sebastian, Florida. WI TNES SETN: Whereas, Sebastian Police Department desires to enter into an agreement with the Sheriff's Office to obtain 911 phone service from the Sheriff's Office. NOW, THEREFORE, the Sheriff's Office and Sebastian Police Department in consideration of the mutual promises and benefits hereby agree as follows: SECTION 1. This agreement is to become effective on the date of signing. SECTION 2. This agreement shall remain effective until which time that the services are no longer necessary. SECTION 3. The Sheriff's Office is the primary Public Safety Answering Point for 911 services within the unincorporated area of Indian River County, the City of Indian River Shores and the City of Fellsmere. The City of Sebastian has determined that it is more cost effective to utilize the existing equipment within the Sheriff's Office for 911 services. The Sheriff's Office shall not receive additional funding as a result of the service provided. SECTION 4. The Sheriff's Office shall provide 911 phone services to include: Receiving and interviewing all calls for service received on the 911 phone system from within the City of Sebastian: Electronically recording and maintaining telephone conversations for a period of ninety (90) days: Transferring all law enforcement related calls from within the City of Sebastian to the Sebastian Police Department: Providing the Sebastian Police Department caller information including: 2. 3. 4. Nature of the call or incident, if requested Location of the incident Sector Number Complainant or caller's name, when possible. SECTION 5. The Sheriff's Office shall be responsible for maintenance of equipment within the Communications Center, obtaining maintenance and repairs as necessary. SECTION 6. The Sheriff's Office shall provide only communication services except that the Sheriff's Office may unilaterally add any communications, dispatch, information or recrod keeping services that enhances the Sheriff's Office's ability to provide that service to its own service area. In the event that the Sheriff's Office is capable of providing enhancements or additions to law enforcement and communications services which are not unilateral and ~he Sebastian Police Department wishes to avail themselves of such additions and enhancements the Sebastian Police Department may upon mutual agreement with the Sheriff's Office amend Section 4 of this contract. SECTION 7. The Sheriff's Office, its officials, agents, or employees in providing 911 telephone services, shall not be deemed to assume any liability for acts, omissions, or negligence of the Sebastian Police Department, its employees, agent or officials. The Sebastian Police Department shall hold the Sheriff's Office harmless and shall defend them against any claims for ~a~.~ges resulting from acts, omissions or negligence of theAPolice Department, its officials, agents or employees, subject to the provisions of Florida Statutes, 768.28. Ail liability for in3ury to personnel and for loss of or damage of equipment incurred in connection with this Agreement, or in the performance of services or functions pursuant thereto, shall be borne by the agency employing such personnel or owning such equipment, and the County and the City of Sebastian shall carry sufficient insurance to cover all such liabilities. SECTION 8. The Sebastian Police Department may terminate this Agreement at any time following sixty (60) days written notice to the Sheriff's Office. After the effective date of said notice, both parties will be relieved of any further obligations under this agreement except nothing herein shall be construed to impai~ %h9 obligation of contract then in effect in which the~/~ce Dep~~ any and the Sheriff's Office is a party or to relieve theAPolice Department or the Sheriff's Office of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. SECTION 9. The Sheriff's Office may terminate this Agreement at any time following sixty (60) days written notice to the Sebastian Police Department. After the effective date of said notice, both parties will be relieved of any further obligations under this ~reement except nothing herein shall be construed to impair the obligation of any contract then in effect in which rheA Police Department and the Sheriff's Office is a party or to relieve theA~o~ce Department or the Sheriff's Office of any liability for its negligence or the negligence of their respective employees occurring while this Agreement is in effect. SECTION 10. Ail disputes arising from this Agreement shall be settled in a court of competent jurisdiction with venue to be in Indian River County, Florida. SECTION 11. Ail notices provided for in this Agreement shall be in writinG and either hand delivered or sent by certified or registered mail to the party to be notified at the followinG respective address which may be changed by written notice only: THE SHERIFF'S OFFICE Office of the Sheriff 4055 41st Avenue Veto Beach, FL 32961 THE SEBASTIAN POLICE DEPARTMENT Sebastian Police Department ~ Main Street Sebastian, FL 32958 Notice Given by or to the Attorn~of either party shall be as effective as if Given by or to said party. SECTION 12. The Sheriff shall retain exclusive control over all equipment and personnel used in providinG the services in acoordance with this agreement, and further the Sheriff agrees that it may, at its sole option, institute an administrative procedure for addressinG any complaints or Grievances which may be raised by the Sebastian Police Department over the providinG of such services. SECTION 13. The Sheriff's Office shall have the right to limit, direct or deny access, to individual representatives of theAPolice Department, to information and communications capabilities provided in Section 4, when such access has been abused, in violation of Florida Statutes, in violation of County, State or National directives and procedure governing the acquiring and use of sensitive information and equipment, may jeopardize the Sheriff's Office effort or the representative is found to be a security risk. SECTION 14. County, further requirements of oonfidentiality The Sheriff's Office, of Indian River agrees that it shall conform with the Florida Statutes with regard to of information obtained from complaints through the 911 system. IN WITNESS WHEREOF, signature to be affixed. the parties hereto cause their City C~rk FLORIDA SHERIFF OF INDIAN RIVER COUNTY Reviewed for fo~and content by: City Attorney Gary ~ Wheeler