2014-60 Interlocal Agreement for Public Safety DispatchRESOLUTION 2014 -60
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH THE CITY OF PALM BEACH GARDENS FOR PUBLIC
SAFETY COMMUNICATIONS DISPATCH SERVICES; AUTHORIZING
THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council wishes to enter into an Interlocal Agreement with the City of
Palm Beach Gardens whereby the City will provide public safety communications dispatch
services from the Palm Beach Gardens EEOC Dispatch Center (also known as the North County
Dispatch Center); and
WHEREAS, the Agreement sets forth the terms and conditions under which the City will
provide such services to the Village; and
WHEREAS, the Village Council determines that the execution of an Interlocal Agreement with
the City of Palm Beach Gardens is in the interests of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves the Interlocal Agreement for Public Safety
Dispatch Between the City of Palm Beach Gardens and the Village of North Palm Beach, a copy
of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk
to execute the Interlocal Agreement on behalf of the Village.
Section 3. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 11TH DAY OF SEPTEMBER, 2014.
(Village Seal)
MAYOR
ATTEST:
Y-a /
VILLAGE CLE
INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH
BY AND BETWEENTHE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF
NORTH PALM BEACH
THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH
( "Agreement ") is made and entered into .Se Prew►BeR I �, doiY (the date of
Agreement full execution) by and between the CITY OF PALM BEACH GARDENS
( "PBG ") and VILLAGE OF NORTH PALM BEACH ( "NPB "), each being a municipality
located in Palm Beach County, Florida, each being duly organized and existing under
the laws of the State of Florida.
WIT NESS ETH:
WHEREAS, the Florida Constitution and Chapter 166, Florida Statutes, provide
for municipal home rule and powers; and
WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies to
enter into Interlocal Agreements for the performance of service functions of public
agencies; and
WHEREAS, PBG and NPB desire for PBG to provide public safety
communications dispatch services for NPB's public safety services, and PBG is willing
to provide same from the PBG EOCC Dispatch Center ( "North County Dispatch Center
or "NCDC ") for a reasonable fee acceptable to the parties; and
WHEREAS, each of said municipalities desire to enter into this Agreement and to
perform it insofar as practicable for the uses and purposes herein expressed subject to
and conditioned upon performance of the terms of this Agreement; and
WHEREAS, PBG and NPB have determined that entering into and performing
this Agreement will further the health, safety, and welfare of their citizens and
businesses.
NOW, THEREFORE, for and in consideration of the mutual agreements, terms,
and conditions, the Parties hereby mutually agree as follows:
1. Recitals: The above recitals, incorporated and adopted herein, are true and
correct.
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2. Authority for Agreement: By entering into this Agreement, each of the
municipalities respectively represents to the other that it has full right and lawful
authority to enter into and perform this Agreement and that it has fully considered,
found, and determined that entering into and performing this Agreement is in the
best interests of its citizens; and each of the municipalities respectively promises to
the other to do all things and take all action necessary or appropriate to effect and
implement this Agreement. The authority for this Agreement is found in Chapter
163 and Chapter 166, Florida Statutes.
3. Purpose: The purpose of this Agreement is to cooperate concerning public safety
communications and dispatch services.
4. Definition of Terms: For the purposes of this Agreement, the terms set forth
hereinbelow shall have the meanings as follows:
A. "Contracting Municipality" shall mean any municipal corporation being
served by PBG for public safety dispatch through the NCDC whose
population is included for the purposes of determining each municipality's
cost share.
B. "Executive Governance Board" ( "EGB ") shall mean that executive body
having the authority to review and make recommendations regarding the
budget for the North County Dispatch Center and the public safety dispatch
level of service (LOS) and which municipal corporations may become
contracting municipalities.
C. "Budget" shall be construed to mean the annual financial and operating plan
for the NCDC fiscal year.
D. "Technical Advisory Committee" ( "TAC ") shall mean the committee having
the authority to develop, monitor, and recommend amendments to the NCDC
Standard Operating Procedures and Response Protocols.
E. "Standard Operating Procedures and Response Protocols" ( "SOP ") shall
mean the policies and practices that shall guide the response to calls for
service and the delivery of emergency dispatch services. The SOP will be
developed by the members of the Technical Advisory Committee and
approved administratively by the EGB.
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5
A
Term: The term of this Agreement shall be for a period of two (2) years
commencing on October 1, 2014, and terminating on September 30, 2016,unless
sooner terminated in accordance with this Agreement. Single contract years
commence on October 1 st of each calendar year and end on September 30th of the
following calendar year.
Public Safety Communications and Dispatch Services:
A. PBG Provision of Service: PBG agrees to provide Dispatch Service for
PBG and NPB through its EOCC Dispatch Center, operating and known as
the North County Dispatch Center ( "NCDC ") for the term set forth in
paragraph 5 unless or until this Agreement is otherwise terminated in
accordance with the terms and conditions more particularly set forth herein.
Specifically, PBG will provide twenty -four hour per day (24 hr /day) seven (7)
day per week staffing and dispatch services to NPB with such services to be
in substantially the same manner, quality, form, and substance, including
radio frequency and communications in accordance with the Municipal Public
Safety Communications Consortium Agreement ( MPSCC), computer access
and searches, radio dispatch, and telephone answering service as that
provided within PBG. NPB shall be responsible for the purchase and
maintenance of all radios, client side software, licenses and hardware, server
software, licenses and hardware unique to each community, and other
equipment necessary in order to receive services from the NCDC. However,
notwithstanding the foregoing, nothing contained herein will modify the terms
or conditions of the MPSCC for radio communications, which shall govern
matters of radio communication pertaining to maintenance, infrastructure,
operations equipment, and subscriber units. Communications consoles
located in the NCDC are specifically exempt from the MPSCC.
B. Recognition of Error: NPB recognizes there is a possibility that a given
communication or dispatch, including, without limitation, a call for emergency
service, may be inadvertently misrouted by reason of electronic, manual, or
human error. When the misrouted communication or dispatch is an
emergency call, each party agrees to use reasonable efforts to remedy the
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misrouting to the extent reasonable at the time and under the then - existing
circumstances.
C. Exclusive Command: All NCDC personnel, equipment, facilities, and
communications and dispatch services shall be and remain under the
exclusive command, direction, management, and /or deployment of PBG
through its Chief of Police or designee. The officials, employees, inhabitants,
or other persons within the respective municipal boundaries of NPB shall not
interfere with such command.
D. Daily Operational Matters: NPB hereby acknowledges that the NCDC may
receive simultaneous calls for separate accidents, police calls, fires, or other
public safety concerns. In the event of such simultaneous calls, the judgment
or direction and command of the Chief of Police of Palm Beach Gardens
Police Department, or his /her senior officer on duty at the time, shall be
binding and final as to which call should receive first, present, and future
priority response and shall control such action and conduct. However,
notwithstanding the foregoing, PBG's Chief of Police shall enforce and
comply with the NCDC Standard Operating Procedures and Response
Protocols to the extent practicable.
7. Administration:
A. Identification: The PBG EOCC Dispatch Center, although operated by PBG,
shall be identified and publicly recognized as the "North County Dispatch
Center" or as may be determined by a unanimous vote of the EGB.
Accordingly, the Parties hereby delegate to the EGB the specific authority to
require all personnel assigned to the Dispatch Center to wear
uniforms /clothing bearing the name of the Dispatch Center and /or its logo, to
determine the details of such logo, and to change the name of the Dispatch
Center and the design of the logo as the EGB may see fit.
B. Oversight and Governance by Executive Governance Board (EGB): The
original three Contracting Municipalities (PBG, Jupiter, and Juno Beach) shall
each have one (1) member on the EGB. NPB shall also have one (1)
member on the EGB, who shall serve in an ex- officio capacity. The member
Page 14 of 11
from each Contracting Municipality shall be its chief executive officer
(City/Town Manager) or his /her designee. Each member shall have one (1)
equally- weighted vote regarding all matters within the EGB's purview, except
for ex- officio members, who may participate in the discussion but shall not
vote. The EGB shall oversee and monitor the performance of the NCDC and
the provision of services provided for in this Agreement. The EGB shall meet
at least once per quarter but may meet as frequently as deemed necessary
by a majority of the board members. The EGB will meet to receive and
review information and make recommendations regarding the annual budget
for the NCDC, the level of dispatch service provided by the NCDC, and
whether to allow additional municipalities to join the NCDC and this
Agreement. A unanimous vote of the membership of the EGB shall be
required to establish the EGB's recommendations.
C. Technical Advisory Committee (TAC): The original three Contracting
Municipalities (PBG, Jupiter, and Juno Beach) shall each have one (1)
member on the TAC. NPB shall also have one (1) member on the TAC, who
shall serve in an ex- officio capacity. The member from each Contracting
Municipality shall be its Chief of Police or his /her designee. The TAC will
develop, monitor, and recommend changes to the NCDC Standard Operating
Procedures; prepare and submit annual budget recommendations to the
EGB; and provide technical recommendations regarding the addition of other
municipal corporations to the NCDC. Ex- officio members may participate in
any discussions or deliberations but such participation and /or comments shall
not serve to ratify or reject any recommendations presented to the EGB.
D. Resolution of Service Delivery Issues: Matters relating to the delivery of
dispatch services and operational efficiencies will be resolved by the Chief of
Police of Palm Beach Gardens Police Department. In the event that service
delivery issues cannot be resolved by the Chief of Police of Palm Beach
Gardens Police Department, the matter will be reviewed by the City Manager
of Palm Beach Gardens for resolution.
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8. Consideration: As consideration for PBG entering into this Agreement and
agreeing to provide NPB with public safety communications and dispatch services
during the term of this Agreement, NPB hereby agrees to pay PBG as follows:
A. Payment shall be based upon an annual NCDC budget prepared by PBG and
submitted to NPB for its review and recommendations no later than April 1St
each year. NPB- approved NCDC budget document must be submitted to
PBG no later than May 1St each year, unless an extension of time is granted
by the PBG City Manager. The budget document shall take into
consideration personnel and operational changes that are required and all
administrative and operational expenses. PBG shall be entitled to an
administrative fee, which shall be included in the NCDC budget and which
shall be paid to PBG by NPB according to its cost share. Each Contracting
Municipality's cost share shall be calculated based upon its percentage of the
total population of all the Contracting Municipalities being served by PBG for
public safety dispatch through the NCDC ( "cost share metric "). It is hereby
acknowledged by NPB that the total population being served, as established
by the University of Florida Bureau of Business and Economic Research
(BBER), may change from time to time based upon actual population change
or by expanding service to additional municipalities, which may decrease or
increase each Contracting Municipality's cost share. Contracting
Municipalities having a population of 1000 or more residents will have a
minimum cost share equal to no less than the cost of one (1) dispatch
position (salary and benefits). Contracting Municipalities having a population
less than 1000 residents shall have a cost share equal to no less than one -
half (1/2) of the cost of one (1) dispatch position (salary and benefits). The
above - referenced minimum cost share amounts shall be in addition to the
administrative fee referenced hereinabove.
B. If at the end of any contract year a budget shortfall exists, each Contracting
Municipality shall be obligated to pay its cost share of any such shortfall in
accordance with the cost share metric that was utilized during the budget year
in which the shortfall occurred. Conversely, if at the end of any contract year
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a budget surplus exists, such surplus shall represent a committed fund
balance to be utilized specifically for NCDC budgetary purposes.
9. Force Majeure: PBG shall not be liable under any theory of law to any
Contracting Municipality, its officials, employees, agents, citizens, or persons within
its municipal boundaries for any cessation of service caused by acts of God, fire,
strike, casualty, civil or military authority, insurrection, riot, or other event or
circumstance not within the control of PBG.
10. Insurance:
A. PBG shall carry and maintain continuously throughout the term of this
Agreement insurance to protect its personnel and equipment in the event of
damage or destruction in an amount not less than One and One -Half Million
Dollars ($1,500,000.00) and shall provide its employees with Workers'
Compensation Insurance as required by law. NPB shall be furnished with an
original fully- executed certificate of said insurance, which certificate must
provide for thirty (30) days' notice to NPB prior to cancellation.
B. NPB shall carry and maintain continuously throughout the term of this
Agreement all -risk liability insurance in an amount not less than One and
One -Half Million Dollars ($1,500,000.00). PBG shall be furnished with an
original, fully- executed certificate of said insurance, which certificate must
provide for thirty (30) days' notice to PBG prior to cancellation.
11. Governmental Powers: The Parties acknowledge that this Agreement is an
Interlocal Agreement under Chapter 163, Florida Statutes, and that each party
shall retain all legislative authority with regard to its respective governing body. All
of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and other benefits which apply to the activity of the officers, agents, or
employees of any public agency when performing their respective functions within
the territorial limits for their respective agency shall apply to the same degree and
extent to the performance of such functions and duties of those officers, agents, or
employees extra - territorially under the provisions of any Interlocal Agreement.
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12. Indemnification: NPB shall indemnify, defend, and hold harmless PBG against
any actions, claims, or damages arising out of NPB's negligence in connection with
this Agreement, to the extent permitted by law. PBG shall indemnify, defend, and
hold harmless NPB against any actions, claims, or damages arising out of PBG's
negligence in connection with this Agreement, to the extent permitted by law. The
foregoing indemnification shall not constitute a waiver of sovereign immunity for
any party beyond the limits set forth in Section 768.28, Florida Statutes (2013).
13. No Transfer of Powers: Nothing contained in this Agreement shall be construed
to constitute a transfer of powers in anyway whatsoever. This Agreement is solely
an Interlocal Agreement to provide services, including, without limitations, services
as authorized by Chapter 163, Florida Statutes. PBG and NPB shall each retain all
legislative authority with regard to the respective governing bodies. All of the
privileges and immunities from liability, exemptions from laws, ordinances and
rules, and pensions and relief, disability, workers' compensation, and other
benefits which apply to the activity of officers, agents, or employees of any public
agents or employees of any public agency when performing their respective
functions within the territorial limits of their respective agencies shall apply to the
same degree and extent to the performance of such functions and duties of such
officers, agents, or employees extra - territorially under the provisions of any such
Interlocal Agreement.
14. Joint Preparation: The preparation of this Agreement has been a joint effort of
the parties, and the resulting document shall not, solely as a matter of judicial
constraint, be construed more severely against any of the Parties.
15. Binding Effect: All of the terms and provisions of this Agreement shall be binding
upon, inure to the benefit of, and be enforceable by the municipalities and their
respective legal representatives or successors; but no person not a direct party to
this Agreement shall be or be deemed to be a legally - entitled third -party
beneficiary hereof.
16. Non - Assignment: This Agreement may not be assigned by PBG or NPB without
the prior written consent of both governing bodies.
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17. Governing Law and Venue: This Agreement and all services contemplated by
this Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of Florida. Venue for all proceedings in connection
herewith shall be exclusively in Palm Beach County, Florida.
18. Agreement Administrators: Each municipality hereby designates its respective
director and chief of its public safety /police departments, or designees, or in the
absence of the designated person, its acting director or chief, to be its
Administrator and liaison for the performance and receipt of performance of all
services and actions under this Agreement. Said contract administrators shall be
the points of contact for all operational matters between the municipalities.
19. Waiver: No delay or failure by PBG or NPB in enforcing or insisting on strict
performance of any of the terms or provisions hereof shall be deemed a waiver of
any other or further term or provision of similar or dissimilar nature or of any
continuing waiver.
20. Termination:
A. This Agreement may be terminated, with or without cause, by either Party
only by providing written notice to the other, no later than October 1St of any
contract year. Any such termination shall not be effective until September
30th of the contract year in which such notice was served.
B. Termination of this Agreement, regardless of the reason, shall not modify or
alter in any way the Municipal Public Safety Communications Consortium
Agreement for radio communications.
21. Renewal: Unless a Contracting Municipality gives notice of termination in
accordance with Section 20, this Agreement shall be automatically renewed for
one (1) additional five- (5) year term.
22. Notice: All formal notices affecting the terms or provisions of this Agreement shall
be in writing and delivered in person or sent by registered or certified mail to the
municipality as designated below, until such time as the municipality furnishes
other written instructions for such other notice delivery.
Page -I 9 of 11
For City of Palm Beach Gardens:
For Village of North Palm Beach:
City Manager
Village Manager
10500 N. Military Trail
501 U.S. Highway One
Palm Beach Gardens, Florida 33410
North Palm Beach, Florida 33408
Attn: Contract Administrator /Chief of Police
Attn: Contract Administrator /Chief of
Police
23. Effective Date: This Agreement shall be effective on the later of October 1, 2014,
or its full execution and filing with the Clerk of the Circuit Court in and for Palm
Beach County.
24. Entire Agreement: This Agreement represents the entire understanding and
agreement between the Parties with respect to the subject matter hereof. There
are no promises, terms, conditions, or obligations other than those herein
contained. This Agreement shall supersede all previous communications,
representations, proposals, or agreements, either oral or written, between the
municipalities hereto and not herein contained. No amendment or modification of
this Agreement shall be binding unless approved by each of the Parties' respective
governing bodies and reduced to writing, executed, delivered, and filed with the
Clerk of the Circuit Court of Palm Beach County with the same formalities as this
Agreement. Notwithstanding the foregoing, the development and adoption of the
annual NCDC budget shall not be considered an amendment to this Agreement.
(The remainder of this page intentionally left blank)
Pagel 10 of 11
IN WITNESS WHEREFORE, each of the Parties has authorized and caused this
Agreement to be made, executed (signed by its Mayor /Manager and attested by its
City/Village Clerk) in triplicate (one original for each Contracting Municipality and one for
filing).
DATE: ?-17-1Y DATE: 011 I Z/�
CITY OF PALM BEACH GARDENS VILLAGE OF NORTH PALM BEACH
-s- L"' S (� a 1,
Ronal M. Ferris, Ci Manager Efarryl C. A brey, Sc.D., Mayor
ATTEST: ATTEST:
Patricia Snider, CMC, City Clerk M , issa Teal, Village Clerk
(Seal)
APPROVED AS TO FO
L F GAL--SIJAF[C I E N C)K
Max L
Pagel 11 of 11
n, City Attorney
(Seal)
D APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Leonard Rubin, Village Attorney