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2015-74 Emergency Services AgreementRESOLUTION 2015 -74 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES WITH PALM BEACH COUNTY AND THE CITY OF PALM BEACH GARDENS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Section 163.01, Florida Statutes ( "Florida Interlocal Cooperation Act' ), the Village entered into an Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services with Palm Beach County and the City of Palm Beach Gardens in 2005; and WHEREAS, the Agreement expires on November 1, 2015, and Village Administration recommended entering into a new ten -year Agreement with the City and the County under the same terms and conditions; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the health, safety and welfare 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 foregoing recitals are ratified and are incorporated herein. Section 2. The Village Council hereby approves the Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services with Palm Beach County and the City of Palm Beach Gardens, a copy of which is attached hereto and incorporated herein, and authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village. Section 3. All resolutions in conflict with this resolution are hereby repealed to the extent of such conflict.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 22" DAY OF OCTOBER, 2015. (Village Seal) ATTEST: VILLA 6E CLERK R 2 016 4011 JAN 2 6 2016 EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES BETWEEN PALM BEACH COUNTY, THE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF NORTH PALM BEACH THIS EMERGENCY SERVICES AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES (the "Agreement ") is made and entered into on by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County "), by and through its Board of County Commissioners, the CITY OF PALM BEACH GARDENS, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "City ") and the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the "Village "). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, each of the parties to this Agreement presently maintains a fire- rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance /automatic aid in times of emergency where the need created may be too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, the County has approved funding from countywide revenues for countywide common fire- rescue dispatch services (hereinafter "Countywide Common Dispatch" or "Common Dispatch ") to be offered and provided by Palm Beach County Fire - Rescue for any fire- rescue providers in Palm Beach County that desire said services from the County, including the City and the Village; and WHEREAS, the Countywide Common Dispatch program will provide a real and substantial benefit to the residents and property throughout Palm Beach County, including the residents and property within the City and the Village. This real and substantial benefit includes, but is not limited to, the ability to implement a closest unit response system; a more efficient deployment of mutual aid r resources; enhanced emergency and disaster coordination between service providers; a more consistent Page 1 of 11 recording and tracking of response time elements; and the ability to avoid confusion in dispatching calls received from mixed service areas with complex jurisdictional boundaries; and WHEREAS, the City, the Village and the County desire to enter into this Agreement as a means to further enhance the fire- rescue services that they currently provide within their respective jurisdictions. NOW, THEREFORE, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County, the City and the Village do hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE AND AUTOMATIC AID Section 1. Request for Assistance /Aid. The County, the City and the Village agree to provide emergency mutual assistance and automatic aid to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement, and to formulate automatic aid plans and procedures under Section 2 of this Article. The assistance /aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance /automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that it is unable to respond. The party requesting assistance and /or aid shall provide the following information at the time the request is made: A. The type and quantity of equipment and /or personnel needed; and B. The name and rank of the person making the request; and C. Party or parties from whom assistance is requested. All requests shall be directed through the County's emergency communications center. The following officials of the participating parties are authorized to request assistance and aid under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Command Authority. In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at all times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or his designee to meet with the other parties' Fire Chiefs or their designees and develop automatic aid /closest unit response plans and procedures, including but not limited to details regarding areas to be serviced and type and /or level of Page 2 of 1 I response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respective jurisdictions and /or service areas may be achieved. Such automatic aid /closest unit response plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Remuneration. All costs associated with providing mutual assistance and automatic aid services under this Agreement shall be the responsibility of the agency rendering assistance /aid. Neither agency shall seek reimbursement of cost associated with rendering mutual assistance and /or automatic aid services from the other agencies. The parties further agree that the agency rendering assistance /aid may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. If the agency rendering assistance /aid for emergency medical services provides transport service, then that transporting agency may request reimbursement for the transport service from the patient to the extent permitted by law. The agency rendering service will handle billing, insurance claims and collection in accordance with their policies and procedures and any applicable laws and regulations, including the latest Federal Medicare guidelines if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall be forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ( "PHI ") or Electronic Protected Health Information ( "e- PHI ") except as permitted by the Health Insurance Portability and Accountability Act ( "HIPAA "), the regulations promulgated thereunder, and any other applicable laws and regulations, all as may be amended from time to time. Section 4. Ability to Respond. Each party may refuse to respond to a request for assistance /aid in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the normal day -to -day operations or shortages in staffing or equipment of the other party and that the mutual assistance /automatic aid provided hereunder is intended to be mutual in nature. Page 3 of 1 I ARTICLE II: COMMON DISPATCH Section 1. Common Dispatch. The City and the Village are currently included within the Countywide Common Dispatch program implemented by the County. The County (through its Fire - Rescue Department) has and will provide the necessary equipment and services to implement and provide Common Dispatch and related communication services for the City and the Village as detailed herein. Each party hereby authorizes its Fire Chief or his designee to meet with the other parties' Fire Chiefs or their designees to develop and revise Common Dispatch plans and procedures, including but not limited to a list of necessary equipment, a time -line for Common Dispatch implementation, geographical response boundaries, and other operational details. These plans and procedures are and shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend such Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. The Letter(s) of Understanding shall specifically identify the City's and the Village's level of participation in the Countywide Common Dispatch program and the equipment that has been or will be provided by the County to the City and the Village relating to the dispatch services provided by County hereunder (hereinafter the "Equipment "). The County shall maintain ownership of all said Equipment. The County's Countywide Common Dispatch program provided for by this Agreement shall extend to areas to which the City and the Village provide fire rescue services through service agreements. Section 2. City and Village Responsibilities. The City and the Village each agrees: A To maintain a Common Dispatch Letter of Understanding between the parties' Fire Chiefs as discussed above. B. To adopt and maintain dispatch protocols mutually agreed upon in the Letter of Understanding referenced in Article II, Section 1. C. To review response protocols every twelve (12) months. D. To transfer to County all 911 calls received by the City's and Village's Public Service Answering Points (PSAPs) as soon as the need for fire- rescue services is identified. E. To use the Equipment provided by the County for dispatch services provided by the County hereunder. F. To notify the County in writing if any Equipment is lost, stolen or destroyed beyond repair. Page 4 of 11 G. To reimburse the County for any Equipment that is lost, stolen or destroyed beyond repair. H. To notify the County and provide the County access to all Equipment requiring maintenance or repair. I. To promptly return all Equipment provided by County upon expiration or earlier termination of this Agreement. J. To immediately notify the County of any necessary changes /updates to the street addressing database. K. To assist the County in the annual fixed asset inventory identification process. Section 3. County Responsibilities. The County agrees: A. To receive and dispatch in a timely manner all emergency calls for fire- rescue services received from the City's and Village's PSAPs. B. To document unit times (e.g. response time, arrival at scene) in accordance with the standards adopted and established by the Countywide Level of Service Committee. C. To provide communication support for all emergency fire- rescue incidents. D. To provide for City's and Village's use the Equipment necessary for Common Dispatch services to the City and Village. E. To provide maintenance and repair to dispatch related Equipment provided to the City and Village by the County. F. To replace any Equipment that is lost, stolen or destroyed beyond repair. ARTICLE III: GENERAL CONTRACT TERMS Section 1. Preambles. The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor. The County representative and contract monitor during the performance of this Agreement shall be the Fire Rescue Administrator, whose telephone number is (561) 616 -7001. The City representative and contract monitor during the performance of this Agreement shall be the Fire Chief, whose telephone number is (561) 799 -4362. The Village representative and contract monitor during the performance of this Agreement shall be the Fire Chief, whose telephone number is (561) 841 -3376. Section 3. Employee Functions. No employee of any party to this Agreement shall perform any function, or service which is not within the employee's scope of duties as defined or determined by the employee's employer. Page 5 of 11 Section 4. Employee Claims, Benefits, Etc. No employee, officer, or agent of any party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of any party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 5. No Assumption of Liability. No party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of any other party. Further, nothing herein shall be construed as a waiver of sovereign immunity. Section 6. Liability for Injury. All the privileges and immunities from liability, exemptions from law, ordinance and rules, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of any party when performing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorial ly. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 7. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, each party shall indemnify, defend and hold harmless the other parties against any actions, claims or damages arising out of the indemnifying party'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 Statutes, Section 768.28, nor shall the same be construed to constitute agreement by any party to indemnify any other party for such other party's negligent, willful or intentional acts or omissions. Section 8. Effective Date and Term. This Agreement shall take effect November 1, 2015, and continue for a term of ten years, unless sooner terminated as provided herein. Section 9. Notice of Termination. The City and the Village may each, upon ninety (90) days prior written notice to both other parties, terminate its participation in this Agreement for any reason or for no reason at all. If both the City and the Village terminate their participation in this Agreement, then this Agreement shall be deemed terminated at such time when both the City's and the Village's termination of participation becomes effective under this Section. Likewise, the County may, upon ninety (90) days prior written notice to both parties, terminate this Agreement, or either the City's or the Village's participation in this Agreement, for any reason or for no reason at all. If only the Page 6 of 11 participation of either the City or the Village is terminated hereunder, then this Agreement shall continue in effect between the County and the other remaining party. Section 10. Capital Improvement Plans. All parties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and /or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 11. Assignment of Rights. No party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of both other parties. Section 12. Modification and Amendment. No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 13. Entirety of Agreement. This Agreement, represents the entire understanding of all parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. Section 14. Nondiscrimination. Each party represents and warrants that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. Section 15. Annual Appropriations. Each party's performance and obligation under this Agreement is contingent upon annual budgetary appropriations by its respective governing body for the purposes hereunder. Section 16. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 17. No Third Party Beneficiary. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County, the City or the Village. Page 7 of 11 Section 18. Records. Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. 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's authority includes but is not limited to the power to review past, present and proposed County contracts, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the City and the Village, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in 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. Section 19. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely or as a matter of judicial constraint, be construed more severely against one of the parties than the other parties. Section 20. Notice of Suits. Each party agrees to notify both other parties of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by either of the other parties. Each party will cooperate with the other parties in the defense of any suit or action arising out of, or related to, the services rendered under this Agreement. Section 21. Notices. All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 405 Pike Road West Palm Beach, FL 33411 and if sent to the City shall be mailed to: City of Palm Beach Gardens Fire Rescue Fire Chief 4425 Burns Road Palm Beach Gardens, FL 33444 and if sent to the Village shall be mailed to: Village of North Palm Beach Fire Department Fire Chief 501 US Highway One North Palm Beach, FL 33408 Page 8 of 11 Each party may change its address upon notice to the other parties. Section 22. Captions. The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 23. Filing. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 24. Enforcement Costs. Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this agreement. Section 25. Delegation of Duty. This Agreement is an Interlocal agreement for the provision of services, as authorized by Section 163.01, Florida Statutes, and shall not in any way or manner whatsoever be deemed to constitute a transfer of powers or functions. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. Section 26. HIPAA Compliance. All parties acknowledge and agree that their respective fire- rescue departments are covered entities under the Health Insurance Portability and Accountability Act ( "HIPAA ") and therefore are bound by the provisions of HIPAA and the regulations promulgated thereunder (including the privacy and security rules), all as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistent with the requirements of HIPAA and /or the regulations promulgated thereunder, then the parties shall promptly amend such provision as necessary to comply with HIPAA and its regulations. Should the parties fail to promptly do so, then any party may terminate this Agreement upon written notice to the other parties, without any recourse, penalty, or damages of any type against the terminating party arising from such termination. Section 27. Severability. In the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competent jurisdiction, such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 28. Survivability. Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier termination of this Agreement. Section 29. Renewal of Letters of Understanding. Notwithstanding anything herein to the contrary, the existing Letters of Understanding, if any, entered into between the Fire Chiefs pursuant to the Emergency Services Agreement for Mutual Assistance, Automatic Aid, and Dispatch Services between the parties effective November 1, 2005 (Contract No. 82005- 2188), that are in effect immediately prior to the effectiveness of this Agreement shall be deemed to be renewed and continued Page 9 of 11 by the parties' Fire Chiefs upon the effectiveness of this Agreement. Said Letters of Understanding shall continue and remain in effect until amended or rescinded by the parties' Fire Chiefs. Section 30. Conflict Resolution. Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process provided for by Chapter 164, Florida Statutes. [remainder of page left blank intentionally] Page 10 of I 1 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. 82016 40114 JAN 2 6 2016 ATTEST: PALM BEACH COUNTY, FLORIDA BY ITS SHARON R. BOCK , T BOARD OF COUNTY COMMISSIONERS Clerk &Comptroller O� ' c.0 By / g Mary Berger, Mayor APPROVED AS TO FOR'lr!�,�1N\\,�'� APPROVED AS TO TERMS AND LEGAL SUFFICIENCY CONDITIONS By: (�� Ao'1�_ '-- County Attorney ATTEST: By:_ City Clerk APPROVED AS TO FORM AND LEGAL SUFFIC E By: iiy Atto ATTEST: By: Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Joe Village Attorney By. Fire - Rescue CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS CITY COUNCIL By: Eric Jablin, M or VILLAGE OF NORTH PALM BEACH, FLORIDA, BY JT- -VILLAGE COUNCIL Robert A. Gebbia, Page 11 of 11