2014-62 Interlocal Agreement for Talk Groups AccessRESOLUTION 2014 -62
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY FOR ACCESS TO COMMON
TALK GROUPS; FORMALLY REQUESTING TERMINATION OF THE
DIRECT CONNECT AND RADIO MAINTENANCE INTERLOCAL
AGREEMENTS AND WAIVER OF EARLY TERMINATION PROVISIONS;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as part of its transition to the North County Dispatch Center, the Village Council
voted to terminate the Direct Connect Interlocal Agreement dated July 8, 2008, as amended
( "Direct Connect Agreement "), and the Radio Maintenance and Repair Interlocal Agreement
dated November 19, 2009, as amended ( "Radio Maintenance Agreement "); and
WHEREAS, the County has requested that the Village Council formally terminate the Direct Connect
and Radio Maintenance Agreements and request a waiver of the early termination provisions; and
WHEREAS, in order to ensure continued interoperability with public safety and law enforcement
agencies, the Village Council wishes to execute an Interlocal Agreement with Palm Beach County
for access to common talk groups; and
WHEREAS, the Village Council determines that the adoption of this Resolution 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 formally terminates the Direct Connect Agreement and
Radio Maintenance Agreement with Palm Beach County and requests waiver of the early
termination provisions.
Section 3. The Village Council approves the Interlocal Agreement with Palm Beach County for
access to common talk groups, 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 4. All resolutions or parts of resolution in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 25T" DAY OF SEPTEMBER, 2014.
(Village Seal) da,�o (-j
(JIMXMIZ
ATTEST:
VILLAGE CL
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into on
()CT 0 7 2njjr, by and between Palm Beach County, a political subdivision of
the State of Florida (" ounty ") and the Village of North Palm Beach, a municipal corporation
of the State of Florida ( "Village ").
WITNESSETH
WHEREAS, the County and the Village are continually identifying more effective
service delivery methods which result in, overall savings to the taxpayers of the County and
the Village; and
WHEREAS, the County has purchased, designed, installed, and operates an 800 MHz
Trunked Radio System that supports the needs of the Palm Beach County Sheriff's Office,
Palm Beach County Fire Rescue, Palm Beach County Emergency Medical Services, and
various Palm Beach County general government agencies; and
WHEREAS, the County and the Village have determined that the ability to provide
interoperable communications is critical to the effective and efficient provision of public
safety and general government services; and
WHEREAS, it has been determined to be mutually beneficial to both Parties to
execute this Agreement which sets forth the parameters `under which the Village can access
the Common Talk Groups established on the County's Public Safety Radio System to receive
the public safety benefit of interoperability; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into
Agreements to jointly exercise any power, privilege or authority which such agencies share in
common and which each might exercise separately;
NOW THEREFORE, in conjunction with the mutual covenants, promises and
representations contained herein, the parties hereto agree as follows:
SECTION 1: PURPOSE AND DEFINITIONS
1.01 The purpose of this Agreement is to set forth the parameters under which the County
will provide access to the Common Talk Groups established on the County System
specifically to provide interoperable communications among public safety and general
government agencies capable of accessing this feature of the County System. This
Agreement also identifies the condition of use and ability of the Village to participate
in the operational decisions relating to the use of the Common Talk Groups.
1.02 Definitions
1.021 Common Talk Groups: Talk groups established on the County's communications
System that are made available to County agencies, municipalities and other non -
County agencies for interoperable communications between agencies for the purpose
of providing mutual assistance and planning and execution of on -scene operations.
1.022 County Talk- Groups: Talk groups established on the County's communication
System that are made available to county agencies providing for inter - departmental
communications. These talk groups are reserved for particular departments /agencies
and only available to outside departments by separate agreements.
1.023 Village Equipment: Also known as "agency radios," are Village owned 800 MHz
handheld and mobile radios and control stations that have the ability to be
programmed and used on the County's Public Safety Radio System.
1.024 Radio Alias: The unique name assigned to an operator's radio that displays on the
dispatchers console when a radio transmits.
1.025 System: The Public Safety Radio System funded, purchased, installed, maintained and
owned by the County.
1.026 System Administrator: An employee within the County's Electronic Services &
Security Division of the Department of Facilities Development & Operations 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.
SECTION 2: ADMINISTRATION OF THE COUNTY'S PUBLIC SAFETY RADIO
SYSTEM AND USAGE PROCEDURES
2.01 The Palm Beach County Electronic Services & Security Division's System
Administrator will be the Village's day to day contact and can be reached at 561 -233-
0837. The Electronic Services & Security Division is staffed from 8:00 a.m. to 5:00
p.m., Monday through Friday, excluding County holidays. After hours emergency
contact will be made through the County's Emergency Operations Dispatch Center at
561 -712 -6428 and the appropriate contact will be made.
2.02 The Network Maintenance and Administration Plan dated June 6, 2002, as referenced
on Attachment I hereto, identifies the general procedures for the management of the
System and procedures for input through the user committees into operating procedure
development. The plan establishes the Countywide Radio Steering Committee
(CRSSC), which is responsible for overseeing and implementing the policies and
procedures for the County's System.
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2.03 The Village shall follow all policies and standard operating procedures in place at the
time of this Agreement as well as those developed in the future and issued to the
Village by the System Administrator. The Village agrees to comply with any
enforcement actions required by these policies and procedures for misuse or abuse of
the County's System.
SECTION 3: COUNTY EQUIPMENT & RESPONSIBILITIES
3.01 The County 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 SmartZone Controller.
3.02 The County System provides seamless Countywide portable and mobile radio
coverage for the Common Talk Groups. The radio coverage for the Common Talk
Groups is identical to that of other County Talk Groups that reside on the County's
System.
3.03 The County shall be responsible for the maintenance and operation of the County's
System, including all costs associated with permitting and licensing.
3.04 The County shall maintain the coverage within the County's geographic boundaries as
described in the County's contract with Motorola R98 -2006D throughout the term of
this Agreement except for times of scheduled preventive maintenance, where it will be
required to disable portions of the network for a pre - determined length of time or
during times of System failures. The Village shall be notified of scheduled preventive
maintenance, pursuant to the policies and procedures referenced on Attachment I
hereto.
3.05 The County shall be responsible for talk group and fleet mapping management in
accordance with the policies and procedures set forth on Attachment I, as may be
amended and updated from time to time.
SECTION 4: VILLAGE EQUIPMENT AND RESPONSIBILITIES
4.01 The Village's equipment will be 800 MHz mobile, portable, and control station
equipment programmed to be used on the County's System. The equipment used will
be compatible with Motorola 800 MHz SmartNet and /or SmartZone communication
systems. The Village will be required to keep its equipment in proper operating
condition and the Village is responsible for maintenance of its radio equipment.
4.02 The Village will only program the Common Talk Groups and the individual unit ID
numbers assigned by the System Administrator as part of this Agreement. The Village
will not program into its radios the County operational talk groups without a letter of
authorization or a signed agreement from the County.
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4.03 The Village shall provide the County with a list of persons /positions, which are
authorized to request activating/deactivating existing units or new units. No
programming will be undertaken by the Village or its service provider until requested
and approved in writing by the System Administrator.
4.04 The Village shall receive certain access codes to the County's System to enable the
Common Talk Groups to be programmed into their equipment. The access codes are
to be treated as confidential information and the Village is responsible to safeguard the
code information from release to unauthorized parties. 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 parry, 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 may be recalled at any time.
4.05 Access and programming codes will only be released to: 1) service staff employed by
the Village, 2) approved commercial service providers under contract with the Village,
3) County departments (PBSO Fire Rescue and /or the County's Electronic Services &
Security Division, or 4) another Federal agency, State agency and /or Village that has
in -house service personnel and an agreement with the County.
4.06 The County will approve all commercial service providers upon review of whether the
contract terms between the Village and the commercial service provider are adequate
to protect the County's System from misuse, harm or release of access and
programming codes to unauthorized persons.
4.07 The Village will be responsible for ensuring that the commercial service provider
adheres to the terms of this Agreement pertaining to the proper use of
access /programming codes and radio use.
4.08 The Village is solely responsible for the performance and the operation of the Village
equipment and any damages or liability resulting from the use thereof. Should the
County identify malfunctioning Village owned equipment, the County will request that
the Village discontinue use of the specific device until the repairs are completed. The
County may, in its discretion, disable the equipment from the System after properly
notifying the Village in writing if the device is causing interference to the System.
4.09 In the case of lost or stolen equipment, the Village will notify the System
Administrator by e -mail or fax authorizing the System Administrator to disable the
equipment. The authorization shall provide the County issued individual unit ID
number and the serial number of the radio. The System Administrator will advise back
via e -mail when the radio has been disabled. A request by the Village to re- activate a
disabled unit will also be required by e -mail or fax to the System Administrator.
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SECTION 5: PROGRAMMING OF COMMON TALK GROUPS
5.01 The Village is responsible for adhering to the Common Talk -Group alias' established
by the County and its Steering Committees. Any deviations from the standard naming
will have to be reviewed and approved by the System Administrator prior to
implementation.
SECTION 6: UTILIZATION AND MONITORING OF COMMON TALK GROUPS
6.01 The Common Talk Groups were implemented specifically for inter - agency
communication among multiple agencies, regardless of their specific discipline or
affiliation. They were also created to allow communications between agencies
without requiring cross - programming operational talk groups in each agency's radios.
Usage of the Common Talk Groups is authorized to coordinate multi jurisdictional
fire /law enforcement /disaster recovery operations such as fires requiring multi- agency
responses, police pursuit through multiple jurisdictions and coordination and response
to local emergencies and disasters. Other authorized uses include undercover
operations, investigations, perimeter communications, fire ground coordination, scene
security and landing zone communications requiring participation of multiple agencies
and disciplines.
In addition, the Common Talk Groups can be used by any agency experiencing
catastrophic failures of their own communication system for a determined amount of
time. A request to utilize the Common Talk Groups for this situation requires
permission of the System Administrator. Once approved by the System Administrator,
the Common Talk Groups can be temporarily utilized until repair of the agency's
communication system is complete.
6.02 The Common Talk Groups shall not be used for every-day routine communications or
as an extra talk group for agencies that have cross programming agreements and
duplicated talk groups programmed into their radios. Other prohibited uses include
communications for special events and operations, use as an additional dispatch,
administrative or a car to car talk group for a single agency.
6.03 The Village acknowledges that there is a loss of functionality through the interface
between its system and the Countywide System. Within 10 days of the execution of
this Agreement, the Village will provide to the County its internal procedures with
regard to monitoring of the common talk groups.
SECTION 7: INDEMNIFICATION AND LIABILITY
The County makes no representations about the design or capabilities of the County's
System. The Village has decided to enter into this Agreement and use the County's
System on the basis of having interoperability with the County and /or other
municipalities during times of mutual aid and /or joint operations. The County's
System is designed to assist qualified law enforcement, fire, and other emergency
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service professionals. It is not intended to be a substitute for the exercise of judgment
or supervision of these professionals. Both parties acknowledge that the responsibility
for providing law enforcement, fire, or other emergency services rests with the
Village, which is providing such service, and not with the other party to this
Agreement.
Each party shall be liable for its own actions and negligence and, to the extent
permitted by law, the shall indemnify, defend and hold harmless the County against
any actions, claims or damages arising out of the Village's negligence in connection
with this Agreement, and the County shall indemnify, defend and hold harmless the
Village against any actions, claims, or damages arising out of the County's negligence
in connection with this Agreement. The foregoing indemnification shall not constitute
a waiver of sovereign immunity beyond the limits set forth in Florida Statutes768.28,
nor shall the same be construed to constitute agreement by either party to indemnify
the other for such other party's negligent, willful or intentional acts or omissions.
The terms and conditions of this Agreement incorporate all the rights, responsibilities,
and obligations of the parties to each other. The remedies provided herein are
exclusive. The County and the Village waive all other remedies with respect to each
other, including, but not limited to, consequential and incidental damages. The County
agrees to use its best reasonable efforts to provide the Village with full use of the
Common Talk Groups but makes no guarantee as to the continual, uninterrupted use of
the radio communication System, or its fitness for the communication needs of the
Village.
SECTION 8: OWNERSHIP OF ASSETS
All assets maintained under this Agreement will remain assets of the respective party.
SECTION 9: TERM OF AGREEMENT
The initial term of this Agreement is for five (5) years and shall commence
immediately upon full execution of this Agreement. The Agreement may be renewed
for three (3) additional terms of five (5) years each. At least six (6) months prior to the
expiration of this Agreement's term, the Village shall provide the County with a
request to renew this Agreement. Such renewal will require approval of both parties
and the County may not unreasonably withhold its approval of the renewal.
SECTION 10: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment as agreed
to by all parties.
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SECTION 11: TERMINATION
This Agreement may be terminated by either party, with or without cause upon ten
(10) days written notice to the other party. Upon request of termination by the Village,
the System Administrator will proceed to disable the Village's radios from the
County's System. It will be the responsibility of the Village to reprogram the
Village's radios removing the County's System information from the radios. The
Village will complete reprogramming the Village's radios within sixty (60) days of the
date of termination. Cities with greater than one hundred (100) radios will be given
ninety (90) days to re- program its radios.
SECTION 12: NOTICES
Any notice given pursuant to the terms of this Agreement shall be in writing and be
delivered by Certified Mail, Return Receipt Requested. The effective date of such
notice shall be the date of receipt, as evidenced by the Return Receipt. All notices
shall be addressed to the following:
As to the County:
County Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411 -5603
With a copy to:
Radio System Administrator
2601 Vista Parkway
West Palm Beach, FL 33411 -5610
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
As to the Village:
Village Manager
Village of North Palm Beach
50 US Highway 91
North Palm Beach, FL 33408
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Village Director of Public Safety
Village of North Palm Beach
50 U.S. Hwy #1
North Palm Beach, FL 33408
SECTION 13: APPLICABLE LAW
This agreement shall be governed by the laws of the State of Florida.
SECTION 14: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
SECTION 15: ENTIRE AGREEMENT
This Agreement and any Attachments attached hereto and forming a part thereof as if
fully set forth herein, constitute all agreements, conditions and understandings between
the County and the Village concerning access to the Common Talk Groups. All
representations, either oral or written, shall be deemed to be merged into this Agreement,
except as herein otherwise provided, no subsequent alteration, waiver, change or addition
to this Agreement shall be binding upon the County or Village unless reduced to writing
and signed by them. Agreement 82003 -0275 as amended is terminated.
SECTION 16: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
Constitutional or Statutory duties of the County's or the Village's officers.
SECTION 17: 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
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.
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SECTION 18: NO THIRD PARTY BENEFICIARY
No provision of this Contract is intended to, or shall be construed to, create any
third parry beneficiary or to provide any rights to any person or entity not a party
to this Contract, including but not limited to any citizen or employees of the
County and /or the Village.
SECTION 19: NONDISCRIMINATION
The parties agree that no person shall, on the grounds of age, race, color, sex,
national origin, disability, religion, ancestry, marital status, familial status, sexual
orientation, gender identity and expression, or genetic information be excluded
from the benefits of, or be subjected to any form of discrimination under any
activity carried out by the performance of this Agreement.
THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first above written.
ATTEST:
SHARON R BOCK
CLERK & COMPT
A
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Deputy "-1U1
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APPROVED AS TO FOI
LEGAL SUFFICIENCY:
A
ATTEST:
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R 2 Q 1 4 A � OCT 0 '7 2014
PA BE L CH C U , a political
subdivision of the State of Florida
By: c�
• rsci•ila A. Taylbr Mayar
APPROVED AS TO TERMS
AND CONDITIONS:
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Audrey Wolf, Director
Facilities Development & Operations
By: zv/2
Village Clerk
VILLAGE OF NORTH PALM BEACH, a
municipal corporation of the State of Florida
By: "-9
DA/ W Mayor
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Attachment I
PALM BEACH COUNTY
PUBLIC SAFETY RADIO SYSTEM
POLICIES AND PROCEDURES
June 2002
Policy / Procedure Title
1. Countywide Use of 800 MHz System (O.P. # I -01)
2. Countywide Use of 800 MHz System Talk Groups (O.P. # I -04)
3. Monitoring and Evaluation of Public Safety Radio System Talk
Groups (O.P. # I -05)
4. Emergency Medical Communications (O.P. # I -06)
5. Reporting of Problems and Modifications of the Public Safety
Radio System (O.P. # I -07)
Last Revision Date
Oct. 1, 2001
Oct. 1, 2001
Oct. 1, 2001
Oct. 1, 2001
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