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2012-40 First Amendment to Interlocal Agreement with Palm Beach County for Direct Connect Radio Access (2) RESOLUTION 2012-40 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT WITH PALM BEACH COUNTY FOR VILLAGE ACCESS TO THE COUNTY'S 800 MHZ TRUNKED RADIO SYSTEM AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE FIRST AMENDMENT ON BEHALF OF THE VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2008-35, the Village Council approved an Interlocal Agreement with Palm Beach County for access by Village public safety personnel to the County's 800 MHz trunked radio system; and WHEREAS, the term of the Interlocal Agreement expires on July 7, 2012, and Village Administration recommends extending the term for an additional four years in accordance with Section 13 of the Agreement; and WHEREAS, Palm Beach County has prepared a First Amendment to the Interlocal Agreement extending the term and modifying some of the terminology set forth in the original Agreement; and WHEREAS, the Village Council determines that the adoption of this Resolution approving the First Amendment to the Interlocal Agreement is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The Village Council hereby approves the First Amendment to the Interlocal Agreement with Palm Beach County for access by Village public safety personnel to the County's 800 MHz trunked radio system, a copy of which is attached hereto and incorporated herein by reference, and authorizes and directs the Mayor and Village Clerk to execute the First Amendment on behalf of the Village. Section 2. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED THIS 14th DAY OF JUNE. 12. ,„ lea ,„, (`l?illagt,sel o A ; ; 21∎.∎ ', Tore R AT'T'EST: ,: VILLAGE CLERK , o FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS FIRST AMENDMENT to Interlocal Agreement R2008-1178 dated July, 8, 2008 (the "Agreement"), is made as of uu qq , by and between Palm Beach County, a in political subdivision of the State of Fiona t'eogtiqtg'), and the Village of North Palm Beach, a municipal corporation of the State of Florida("Village"). In consideration of the mutual promises contained herein, the County and Village agree as follows: 1. The term of the Agreement, expires on July 7, 2012, and shall be extended to July 7, 2016, pursuant to the exercise of the first four(4) year renewal option. 2. Attachment 1 to the Agreement is hereby deleted in its entirety and is hereby replaced by Attachment 1 attached hereto and made a part hereof 3. Attachment 2 and Attachment 3 to the Agreement are hereby deleted in their entirety. 4. Section 1.027 of the Agreement is deleted in its entirety and replaced with the following: 1.027 System Administrator: An employee within the County's Electronic Services and Security Division of the Department of Facilities Development & Operations Department with the title Radio System Administrator who is responsible for day to day administration and management of the System and the County's designated contact person pursuant to various sections of this Agreement. 5. Section 2.02 of the Agreement is modified by deleting the first sentence and replacing it with the following: The Network Maintenance and Administration Plan dated June 6, 2002, as referenced on Attachment 1 hereto, identifies the general procedures for the management of the system and procedures for input into operating and technical policy development. 6. Section 3.01 of the Agreement is deleted in its entirety and replaced with the following: 3.01 The County's 800 MHz Trunked Radio System and Microwave System consists of ten (10) transmit and receive sites with co-located microwave equipment and three (3) microwave only sites that provide network connectivity as well as the ability to interconnect with co-located County owned dispatch equipment. Page I of 4 • 7. Section 4.043 shall be added to the Agreement as follows: 4.043 All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the County will be kept confidential by the Village and will not be disclosed to any other party, directly or indirectly, without the County's prior written consent, unless required by law or lawful order. All system parameters shall remain the County's property, and may only be reproduced or distributed with the written permission of the County. The Village agrees that the County has sole and exclusive ownership of all right, title and interest to the Confidential Information and that such information may be recalled at any time. 8. Section 4.07 of the Agreement is modified by deleting the last sentence and replacing it with the following: The County's Talk Group and Radio ID allocations are on file with the County and are available upon request. 9. Section 10.05 of the Agreement is modified by deleting the reference to "within the time frames identified in Attachment 2 and replacing it with "pursuant to the Policies and Procedures referenced on Attachment I hereto". 10. Section 10.06 of the Agreement is deleted in its entirety and replaced with the following: 10.06 The County shall be responsible for talk group and fleet mapping management in accordance with the procedures and policies set forth in Attachment 1, as may be amended and updated from time to time. 11. Section 13 of the Agreement is amended by replacing the reference to " two (4)year terms" with"two (2) additional terms of four(4)years each". 12. Section 13 of the Agreement is further amended by deleting the last sentence and replacing it with the following: Such renewal will require approval of both parties and the County may not unreasonably withhold its approval of the renewal. 13. The Agreement is hereby modified to add the following: SECTION 21: PALM BEACH COUNTY OFFICE OF THE INSPECTOR GENERAL AUDIT REQUIREMENTS • Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector Page 2 of4 • General is authorized with the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to,the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach_County Code, Section 2-421 - 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 14. Except as modified by this First Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof and is hereby ratified and confirmed by the Village and County. (Remainder of the page intentionally left blank) • Page 3 of 4 IN WITNESS WHEREOF,the parties have caused this First Amendment to be executed as of the day and year first above written. ATTEST: Y y•C ';,+, �%3 ` 0 1 2 ; Ci u 87 JUN 19 2012 SHARON R. BOCK ICJ./ <�,'., PALM BEACH COUNTY, a political CLERK& COMPTR E `` 't 4 • Qi, % subdiv' •t a State o lo '•a u Cler ", 4-'•• .')?- hell V a, Chair �-> vice z. rams char o fir„ ` : even �. A APPROVED AS TO FORM AND APPROVED AS TO TERMS AND LE UFFICIENCY: CONDITIONS: / /l ' W �/ By: ice. ' '= ,, By: � d ��vj runty Attome ' , Audrey Wol , Director Facilities Development & Operation ATTEST: VILLAGE 0 F NORTH - , a municir. a >or. : �■ �1 State Florida ' / �,,�(� By ,i d /a, ./4.L. By �,:%\ Melissa Teal ,Village Cler Iavi• , Mayor B e , - en , Village Manager APPROVED AS TO FORM AND L SUF IENC� Leonard Rubin , Village Attorney escoopeN800 mzh agreementsMorth palm beachVirst renewal direct access 04.12.12.doc Page 4 of 4 • Attachment 1 PALM BEACH COUNTY PUBLIC SAFETY RADIO SYSTEM POLICIES AND PROCEDURES June 2002 Policy/Procedure Title Last Revision Date 1. Countywide Use of 800 MHz System (O.P. # I-01) Oct. 1, 2001 2. Countywide Use of 800 MHz System Talk Groups(O.P. #I-04) Oct. 1, 2001 3. Monitoring and Evaluation of Public Safety Radio System Talk Groups (O.P. # 1-05) Oct. 1, 2001 4. Emergency Medical Communications (O.P. # 1-06) Oct. 1, 2001 5. Reporting of Problems and Modifications of the Public Safety Radio System (O.P. # 1-07) Oct. 1, 2001 6. Countywide Use of Public Safety Radio System During Times of Catastrophic Failure which result in non-trunking`conventional" operation(O.P. # I-10) Oct. 1, 2001 7. Network Maintenance and Administration Plan June 6, 2002 •