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HomeMy WebLinkAboutAgreement_Interlocal_11/14/2019_Palm Beach County Sheriffs Office"r AN INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY FIRST RESPONDER AGENCIES 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 powers 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, Part 1 of Chapter 163 of the Florida Statutes permits public agencies as defined therein to. enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission recommended that counties be required to develop and implement communication systems that allow direct radio communication between public safety answering points (PSAPs) and first responders outside the PSAPs normal service area to provide for more efficient dispatch of first responders; and WHEREAS, in response to the Commission's recommendations, the Florida Legislature created Section 365.179, Florida Statutes (Direct radio communication ------- - between-9-1-1-public-safety-answering-points-and-first-responders); and ---- WHEREAS, FSS 365.179 requires each County Sheriff to facilitate an interlocal agreement between all first responder agencies ( "AGENCY" or collectively "AGENCIES" or "Parties") within the county which provides for inter -agency communications as required under this law. NOW, THEREFORE, in consideration of the foregoing, the AGENCIES agree as follows: Article 1. Purpose This agreement sets forth the protocols under which a PSAP will directly provide notice by radio of a public safety emergency to the on — duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. Article 2. Definitions A. "9-1-1 public safety answering point" or "PSAP" means a municipal or county emergency communications or 9-1-1 call center in the state that receives cellular, landline, or text —to— 9-1-1 communications. INTERLOCAL AGREEMENT- PSAP B. "First responder agency' includes each law enforcement agency and fire service agency, other than a state agency, and. each emergency medical services provider, as is designated as a primary first responder for the service area in which a 9-171 public safety answering point receives 9-1-1 calls. See list of Palm Beach County First Responder Agencies; Exhibit A. C. "Public safety emergency" or "event" for purposes of this Interlocal Agreement includes, but is not limited to, an incident where a person(s) is, actively engaging in causing death or serious bodily injury to multiple victims. This may be the result of an active shooter and/or other hostile event where the potential for death or serious bodily injury is imminent and/or occurring. Article 3. Each AGENCY agrees that: A. Each PSAP will directly provide -notice by radio -of a public safety emergency to the on = duty personnel of an AGENCY for which the PSAP does not provide primary dispatch functions as follows: 1. Each PSAP shall have the ability to have direct radio contact with all primary first responder agencies and their dispatchers for whom the PSAP can reasonably receive 9-1-1 communications. 2. Upon the occurrence of a public safety emergency, if the primary PSAP with jurisdiction has not yet dispatched the event, the PSAP --receiving-the-event-from- 9=1=1- - shall, upon supervisgrfapproval,----___.---- immediately broadcast all 9-1-1 communications or public safety information regarding the emergency over the primary talk group/dispatch channel designated for such communications to the agency with jurisdiction over the service area where the event is occurring. 3. Notwithstanding, once the event has been dispatched by the primary PSAP with jurisdiction, PSAPs outside the service area of the event will transfer additional 9-1-1 calls to the primary PSAP. B. Training shall be provided to all applicable agency personnel regarding the procedures and protocols set forth in this Agreement; such training shall also include radio functionality and how to readily access the necessary dispatch channel. Each AGENCY, and/or PSAP shall be responsible for training their respective personnel. Article 4.. Effective Date and Term of.Agreement This Agreement shall take effect upon execution and approval by the hereinafter named AGENCIES and shall continue in full force and effect until terminated by operation or otherwise subject to sunset under Florida Statute. 2 INTERLOCAL AGREEMENT- PSAP Article 5. Liability Each AGENCY shall be liable for its own actions and negligence and agrees to assume responsibility for the acts, omissions, or conduct of such agency's employees, subject to the provisions of Section 768.28, Florida Statutes, where applicable. The foregoing shall not constitute a waiver of sovereign immunity beyond. the limits set forth in Section 768.28, Florida Statutes, or of any defense available to any. agency. Nothing herein shall be construed as consent by any agency to be sued by third parties in any matter, whether arising out of this agreement or any other contract. Article 6. Non -Discrimination The Parties shall not discriminate on the basis of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. Article 7. Relationship of the Parties Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations of any other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent, or local representative of any other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the Parties. Nothing contained herein shall be deemed to authori2e the delegation of the constitutional or statutory duties of any Agency. Article 9. No Third Party Beneficiaries This Agreement and the provisions hereof are for the exclusive benefit of the Parties hereto and their affiliates and not for the benefit of any third person, nor shall this Agreement be deemed to confer or have conferred any rights, express or implied, upon any other third person. Article 10. Severability The invalidity or unenforceability of any provision or clause hereof shall in no way effect the validity or enforceability of any other clause or provision hereof. Article .11.. Amendments to. this Agreement Any amendments to this Agreement shall be by written instrument executed by all AGENCIES. INTERLOCAL AGREEMENT- PSAP Article 12. Assignment; Binding Agreement This Agreement and the duties and obligations hereunder may not be transferred or assigned by any of the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors. Article 13. Governing Law and Venue This Agreement shall be construed in accordance with the laws of the State of Florida. Venue shall lie in Palm Beach County, Florida. Article 14. Entirety of Contractual Agreement The AGENCIES agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. ---.____----IN—WITNESS--WHEREOF,--the AGENCIES ---hereto- have -caused- -this--interlocal-- Agreement to be executed for the uses and purposes set forth herein. 4 INTERLOCAL AGREEMENT- PSAP EXHIBIT A FIRST RESPONDER AGENCIES LAW ENFORCEMENT AGENCIES: Palm Beach County Sheriff s Office Atlantis Police Department Boca Raton Police Department Boynton Beach Police Department Delray Beach Police Department Florida Atlantic University Police Department Gulfstream Police Department Highland Beach Police Department Hypoluxo Police Department Juno Beach Police Department Jupiter Police Department Jupiter Inlet Colony Police Department Lake Clarke Shores Police Department Lantana Police Department Manalapan Police Department North Palm Beach Police Department Ocean Ridge Police Department Palm Beach Police Department Palm Beach County School District Police Department Palm Beach Gardens Police Department _.-'Palm-Beach Shores Police Department--__. Palm Springs Police Department Riviera Beach Police Department South Palm Beach Police Department Tequesta Police Department West Palm Beach Police Department FIRE SERVICE.AGENCIES: Boca Raton Fire Rescue'Services Boynton Beach Fire Rescue Delray Beach Fire Rescue Greenacres Fire Rescue North Palm Beach Fire Rescue Division Palm Beach County Fire Rescue Palm Beach Gardens Fire Rescue Department Palm Beach Shores Fire Department Pratt & Whitney Fire Rescue Riviera Beach Fire Rescue Tequesta Fire Rescue Town of Palm Beach Fire Rescue Department West Palm Beach Fire Rescue 5 INTERLOCAL AGREEMENT- PSAP FIRST RESPONDER AGENCY Ui,l 1a fc 1 - Print Name of Agency jlrw� S' n ure of Authorized Official &ie � -Tkm e3 (3• 1 aLbe. Print Name of Authorized Official day of (` 0f do.4r , 2019 ATTEST: V; ►ice iYlou�o�- 010 day of 2019 �-�- b day of L)&Lcrnb-tr , 2019 t , Clerk 13 day of �)a ✓w,n6. , 2019 Ci Town Manager/Administrator APPROVED FORM AND LEGAL S F IENCY: V , 1 4 2 36S.179 Direct radio communication between 911 public safety answering points and first responders.— (1) As used in this section, the term: (a) "First responder agency" includes each law enforcement agency. and fire service agency, other than a state agency, and each emergency medical services provider, that is designated as a primary first responder for the service area in which a 911 public safety answering point receives 911 calls. (b) "911 public safety answering point" or "PSAP" means a municipal or county emergency communications or 911 call center in this state that receives cellular, landline, or text-to-911 communications. (2) Each sheriff, in collaboration with all first responder agency heads in his or her county, shall facilitate the development and execution of written interlocal agreements between all primary first responder agencies within the county. Each agreement must establish written protocols that outline circumstances and public safety emergencies under which a PSAP will directly provide notice by radio of an emergency to the on -duty personnel of a first responder agency for which the PSAP does not provide primary dispatch functions. Each agreement must require the PSAP to have direct radio contact with primary first responder agencies and their dispatchers, for whom the PSAP can reasonably receive 911 communications, without having to transfer a 911 communication to another PSAP or dispatch center for . dispatch. The method of complying with this requirement shall be established by the first responder agency heads and set forth in each interlocal agreement. (3) Each PSAP must be capable of immediately broadcasting 911 communications or public safety information over the primary radio dispatch channels of each first responder agency in the county it serves, except in those first responders service areas where the PSAP cannot reasonably receive 911 calls. If a county or jurisdiction has multiple PSAPs, each PSAP must have this capability. (4) Unless technologically precluded due to radio incompatibility, upon written request from a law enforcement agency head, a law enforcement agency head in the same county or in an adjacent jurisdiction in another county must authorize the requesting agency to install the responding agency's primary dispatch channel or channels in the requesting agency's PSAP, dispatch center, or mobile or portable radios. (5) Each primary first responder agency, PSAP, and dispatch center within each county shall train all applicable personnel regarding the procedures and protocols specified in the interlocal agreements made pursuant to this section. This training shall also include radio functionality and how to readily access the necessary dispatch channels in accordance with the interlocal agreements. (6) By January 1, 2020, each sheriff shall provide to the Department of Law Enforcement: (a) A copy of each interlocal agreement made between the primary first responder agencies within his or her county pursuant to this section; and (b) Written certification that all PSAPs in his or her county are in compliance with this section. History." S. 3, ch. 2019-146.