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R2021-42 Interlocal Agreement for Public Safety Dispatch ServicesRESOLUTION 2021-42 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 DISPATCH SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution 2014-60 on September 11, 2014, the Village Council approved the first Interlocal Agreement with the City of Palm Beach Gardens for public safety communications dispatch services; and WHEREAS, the current Interlocal Agreement expires on September 30, 2021, and Village Staff is recommending approval of a new Interlocal Agreement for a five-year term through September 30,2026; 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 a new Interlocal Agreement with the City of Palm Beach Gardens for Public Safety Dispatch Services, 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. All costs associated with the Interlocal Agreement shall be paid from account No. A5711- 33491 (Police — Contractual Services). 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 All resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict.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 27TH DAY OF MAY, 2021. (Village Seal) rk 4AYOR INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH BY AND BETWEEN THE 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 this 13n'- day of t!W6yS;r- , 2021 (the date of Agreement full execution) by and between the CITY OF PALM BEACH GARDENS ("PBG") and the 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. WITNESSETH: 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 Emergency Operations Center ("EOC") Dispatch Center ("Northern Municipal Regional Communications Center' or "NorthCom") 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. Interlocal Agreement for Public Safety Dispatch PBG, NPB 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 NorthCom 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 NorthCom 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 NorthCom fiscal year. D. "Technical Advisory Committee" ("TAC") shall mean the committee having the authority to monitor and recommend amendments to the NorthCom Standard Operating Procedures and Response Protocols. E. "Standard Operating Procedures and Response Protocols" ("SOP"} shall policies and practices that shall guide the response to calls for service mean the pollcl p g p and the delivery of emergency dispatch services. NorthCom SOPs will be developed by PBG with input from the TAC. F. Original Contracting Municipality (OCM) shall mean each of the municipalities of Palm Beach Gardens, Jupiter, and Juno Beach. Page 12 of 11 5. 6. Interlocal Agreement for Public Safety Dispatch PBG, NPB Term: The term of this Agreement shall be for a period of five (5) years commencing on October 1, 2021, and terminating on September 30, 2026, unless sooner terminated in accordance with this Agreement. Single contract years commence on October 1St 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 EOC Dispatch Center, operating and known as the Northern Municipal Regional Communications Center ("NorthCom") for the term set forth in paragraph 5, unless or until this Agreement is oth,erwise terminated in accordance with the terms and conditions more particularly set forth herein. Specifically, PBG shall provide twenty-four hours per day (24 hrs/day) seven days per week (7 days/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 (MPSCC) Agreement, 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 ail 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 NorthCom. However, notwithstanding the foregoing, nothing contained herein will modify the terms or conditions of the MPSCC for radio communications that shall govern matters of radio communication pertaining to maintenance, infrastructure, operations equipment, and subscriber units. Communications consoles located in NorthCom 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 Page 13 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB call, each party agrees to use reasonable efforts to remedy the misrouting to the extent reasonable at the time and under the then -existing circumstances. C. Exclusive Command: All NorthCom 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 NorthCom 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 NorthCom Standard Operating Procedures and Response Protocols to the extent practicable. 7. Administration: A. Identification: The PBG EOC Dispatch Center, although operated by PBG, shall be identified and publicly recognized as the "Northern Municipal Regional Communications Center" or "NorthCom." B. Oversight and Governance by Executive Governance Board (EGB): Each Original Contracting Municipality (PBG, Jupiter, and Juno Beach, or "OCM") 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 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. oversee and monitor the performance of NorthCom and the The EGB shall Page 14 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB provision of services provided for in this Agreement. The EGB shall meet at least once per year but may meet as frequently as deemed necessary by a majority of the board members. The EGB shall meet to receive and review information and make recommendations regarding the annual budget for NorthCom, the level of dispatch service provided by NorthCom, and whether to allow additional municipalities to join NorthCom 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 OCMs 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 provide technical recommendations for changes to the NorthCom Standard Operating Procedures. The TAC shall meet at least once per year but may meet as frequently as deemed necessary. 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. 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 NorthCom budget prepared by PBG and submitted to the EGB for its review and recommendations no later than May 1St each year. The EGB shall return the approved preliminary NorthCom budget to PBG no later than May 15th each year, unless an extension of time is granted by the PBG City Manager. A copy of the EGB-approved final Page 15 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB proposed budget document will be provided to each Contracting Municipality no later than June 1St. 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 NorthCom 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 NorthCom ("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 (112) 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 a budget surplus exists, such surplus shall represent a committed fund balance to be utilized specifically for the NorthCom 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, pandemic, or other event or circumstance not within the control of PBG. Page 16 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB 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, or be self-insured, in an amount not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) and shall provide its employees with Workers' Compensation Insurance as required by law. B. NPB shall carry and maintain continuously throughout the term of this Agreement commercial general liability insurance, or be self-insured, in an amount not less than One Million Five Hundred Thousand Dollars ($1,500,000.00). 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 that 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. 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 (2020). 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 Page 17of11 Interlocal Agreement for Public Safety Dispatch PBG, NPB privileges and immunities from liability, exemptions from laws, ordinances and rules, and pensions and relief, disability, workers' compensation, and other benefits that 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 effor(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. 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 thep erformance 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. Page 18 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB 20. Termination: A. This Agreement may be terminated, with or without cause, by either Party by providing written notice to the other, no later than September 30th of any contract year. Any such termination shall not be effective until September 30th of the following contract year. 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 terminatilon 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 overnight delivery service to the municipality as designated below, until such time as the municipality furnishes other written instructions for such other notice delivery. 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 111,2021, 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 Page 19 of 11 Interlocal Agreement for Public Safety Dispatch PBG, NPB of Palm Beach County with the same formalities as this Agreement. Notwithstanding the foregoing, the development and adoption of the annual NorthCom budget shall not be considered an amendment to this Agreement. (The remainder of this page intentionally left blank.) Page 110 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: S -It -XGA -1 DATE: ,S- a7- ao a. I CITY OF PALM BEACH GARDENS VILLAGE OF NORTH PALM BEACH ATTEST: Patricia Snider, CMC, City Clerk (Seal) Page 11 of 11 ATTEST: Jeev a Green, •gage Clerk C, al)FLORIDA APPROVD AS TO FORM AND LEGAL SUFFICIENCY G. Rubin, Village Attorney