HomeMy WebLinkAboutAgreement_Interlocal_12/17/2019_Palm Beach CountyR2019 1902
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into on this
day of nF C 1 7 201t.019 by and between Palm Beach County, a political subdivision
of the State of Florida ("County") and the Village of Tequesta, a municipal corporation of the
State of Florida ("Participant").
WITNESSETH
WHEREAS, the County and the Participant are continually identifying more effective
service delivery methods which result in enhanced public safety services and overall savings to
the taxpayers of the County and the Participant; and
WHEREAS, the County has purchased, designed, installed, and operates a Public Safety
Radio System (County's System) that supports the needs of the Palm Beach County Sheriffs
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 Participant 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 Participant can directly access
the County's System saving the taxpayers of both the County and the Participant money as well
as providing the public safety benefit of interoperability; and
WHEREAS, connection to the County's System through a Municipal Hub is not
technically feasible; 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
The purpose of this Agreement is to set forth the parameters under which the County will
provide access to County's System to the Participant. This Agreement also identifies the
conditions of use, the cost of access and on -going use, and the ability of the Participant to
participate in the operational decisions relating to the County's System.
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SECTION 2: DEFINITIONS
2.01 Common Talk Groups: Talk groups established on the County's 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.
2.02 County Talk Groups: Talk groups established on the County's 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 agreement.
2.03 CRSSC: Countywide Radio System Steering Committee established to oversee
implementation of the policies established and to modify existing policies or create new policies
as required over the life of the System
2.04 Master Site: The location of the County's SmartZoneTM Controller.
2.05 Microwave System: A County owned and maintained communications system
utilizing frequencies in the microwave range to route audio and control signals between sites in a
multi -site communications system.
2.06 Participant Equipment: Also known as "agency radios," are Participant owned
P25 compliant handheld and mobile radios and control stations that operate in the 800 MHz
spectrum that have the ability to be programmed and used on the County's System.
2.07 Parties: All entities that have executed this Agreement which include the County
and the Participant.
2.08 Radio Aliases: The unique name assigned to an operator's radio that displays on the
dispatcher's console when a radio transmits.
2.09 Roaming Feature: A feature of the SmartZoneTM Controller that allows units from
specified talk groups to register onto communications systems associated with the SmartZone TM
Controller when beyond the coverage of their primary system. Additionally these talk groups are
assigned communications channels on the systems where units are registered when there is talk
group activity
2.10 SmartZone Controller or Controller: The SmartZone Controller is the central
computer that manages and controls the operation of the County's System. The SmartZone
Controller manages access to System features, functions, and talk -groups.
2.11 System: The Public Safety Trunked Radio System funded, purchased, installed,
maintained and owned by the County. The System includes fixed transmitting and receiving
equipment, a microwave system for communications between sites, System control and
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management equipment, a SmartZone controller located at the Master Site and other related
equipment.
2.12 System Manager: An employee within the Electronic Services & Security Division
of the Department of Facilities Development & Operations with the title Radio System Manager
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 3: ADMINISTRATION
3.01 System Contact. The Palm Beach County Electronic Services & Security
Division's System Manager is the Participant'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 is made
through the County's Emergency Operations Dispatch Center at 561-712-6428 and the
appropriate contact will be made.
3.02 CRSSC. The System Maintenance and Administration Plan 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 System Steering Committee (CRSSC), which is
responsible for overseeing and implementing the policies and procedures for the County's
System.
The CRSSC is supported by User Committees in each discipline utilizing the System.
The Participant shall assign representatives to attend User Committee meetings for each of the
law enforcement, fire -rescue, and public works disciplines for which the Participant has
subscriber units programmed on the System. Participants at these meetings will discuss all
System maintenance and administration issues. As agreed to by the User Committee members,
issues discussed and approved at the meetings shall be forwarded to the System Manager and/or
the CRSSC for final approval and implementation.
3.03 Compliance with System Policies and Procedures. The Participant 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 Participant by the System Manager. The
Participant agrees to comply with any enforcement actions required by these policies and
procedures for misuse or abuse of the County's System.
SECTION 4: COUNTY SYSTEM AND RESPONSIBILITIES
4.01 County System. The County System consists of eleven (11) 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.
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4.02 County Responsibilities for System Maintenance and Operations. The County
shall be responsible for the maintenance and operation of the County's System, including all
costs associated with permitting and licensing.
4.03 Routine Maintenance. The County will perform routine and preventative
maintenance on the System according to its established procedures. This maintenance includes
trouble shooting and making all repairs on a 24/7/365 basis as well as performing preventive
maintenance on the System including, but not limited to, radio and microwave equipment,
control/management and alarm systems, towers and equipment shelters and backup power
generators and air conditioners. Neither this maintenance nor the annual System maintenance
charge includes dispatch consoles.
4.04 Coverage and Scheduled Outages. The County shall maintain the coverage within
the Participant's municipal boundaries as described in the County's contract with Motorola
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 Participant shall be notified of scheduled preventive
maintenance, pursuant to the policies and procedures referenced on Attachment I hereto.
4.05 Other Outages. The County will respond to emergencies and provide notifications
of System problems and time for System restoration to the Participant Representative within the
time frames identified in Attachment I.
4.06 Mapping Management. The County shall be responsible for talk group and fleet
mapping management in accordance with the procedures and policies identified in Attachment
I.
4.07 Replacement Fund Management. The County shall be responsible for the
management of the Replacement Fund and, through same, responsible for the capital
replacement or expansion of System equipment and infrastructure as set forth in Section 6.03.
SECTION 5: PARTICIPANT EQUIPMENT AND RESPONSIBILITIES
5.01 Participant Equipment. The Participant's Equipment will be P25 compliant 800
MHz mobile, portable, and control station equipment programmed to be used on the County's
System.. Equipment other than that manufactured by Motorola shall be approved by the System
Manager prior to purchase by the Participant. The Participant is required to keep its equipment in
proper operating condition and the Participant is solely responsible for maintenance of its radio
equipment.
5.02 Participant Representative. Within 15 days of execution of this Agreement, the
Participant is to provide the County with a single Participant Representative who is the
Participant's single point of contact for matters relating to this Agreement.
5.03 Authorized Contacts/Programming. Within 15 days of the execution of this
Agreement, the Participant is to provide the County with a list of persons/positions, which are
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authorized to request programming changes to existing units or new units. No programming will
be undertaken by the Participant until requested and approved in writing by the System Manager.
5.03.01 Programming Limitations. The Participant will only program the internal
talkgroups and the Common Talk Groups into its radio that are authorized by the County
to the Participant for its use. The Participant shall not program talk groups of other
agencies into its radios without a letter of authorization or a signed agreement from the
County. The System Manager shall be provided with all such authorization letters from
cities.
5.03.02 Required Talk Groups. The Participant will be required to program the
Common Talk Groups which reside on the System for use by the Participant for
interagency communications into its radios. The calling talk groups, in addition to all of
the operational talk -groups for the applicable disciplines, shall be required as a minimum.
The Participant may include Common Talk Groups as necessary to meet their operational
requirements. These talk groups shall be in addition to the mutual aid channels required
by the Florida Region Plan.
5.03.03 Encryption. The Participant may use encryption for its day-to-day
operation in addition to covert investigative operations. The Participant will request and
program the encryption slot assignment provided by the System Manger prior to
implementing encryption. There is no requirement to provide the encryption key to the
System Manager unless the County provides maintenance to the Participants radios under
a separate agreement.
5.03.04 Reassignment to Hub. If regionalized Hub systems are added to the
System and if required to maintain capacity on the System, the Participant may be
requested to reassign its radios to one of the Hub systems. If the Participant is requested
to be reassigned, the Participant shall agree to reassign its radios to the Hub providing
that the County maintains the equivalent radio coverage within the Participant's
boundaries and County pays to reprogram the Participant's radios.
5.04 County Confidential Information. The Participant shall receive certain access
codes to the County's System to enable the talk groups to be programmed into the Participant's
equipment. The access codes are considered to be exempt and confidential security system
information under F.S. 119.071(3) and must not be released to the public or unauthorized
persons. The access codes are to be treated as confidential information and the Participant is
responsible for safeguarding and protecting the confidentiality of the code information from
release to unauthorized parties. All confidential security system information and data obtained,
developed, or supplied by the County ("Confidential Information") will be kept confidential by
the Participant and will not be disclosed to any other party, 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 Participant 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.
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5.04.01 Authorized Parties. Service staff directly employed by the Participant
shall be considered authorized to receive access and programming codes for the
maintenance of the Participant's radio equipment. Commercial service providers are not
considered authorized to receive access to programming codes for the System. If the
Participant plans to use commercial services for its system or subscriber unit
maintenance, the Participant must include confidentiality requirements in its contracts
with the commercial service providers acceptable to the System Manager before access or
programming codes may be released to these companies.
5.04.02 Commercial Service Providers. Commercial maintenance service
providers are not considered authorized to receive access to programming codes for the
County's System, unless meeting the requirements of Sections 5.04.03 and/or 5.04.04
below. If the Participant does not have employees capable of programming Participant
radio equipment or prefers to have others program Participant radio equipment, it may
request that the Palm Beach County Sheriff s Office, Palm Beach County Fire Rescue or
Palm Beach County Electronic Services & Security Division program Participant's radio
equipment under the terms of a separate agreement.
5.04.03 County Review of Existing Service Provider Agreements. If the
Participant uses a commercial service provider to program Participant radio equipment at
the time of execution of this Agreement, and desires that the commercial service provider
program the Participant radio equipment with the talk groups, the Participant must submit
its existing contract with the commercial service provider to the System Manager for
review. The review will focus on whether the contract terms between the Participant 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.
Notwithstanding the previous statement, the County retains the right, in its sole opinion
with or without written reason or cause, to approve or disapprove the use of a commercial
service provider. If approved, the System Manager will release the access and
programming codes to the commercial service provider. The Participant will be
responsible for ensuring that the commercial service provider adheres to the terms of this
Agreement pertaining to the proper use of programming codes and radio equipment and
pertaining to the safeguarding and protection of the confidentiality of the access codes. If
not approved, the Participant shall use the Palm Beach County Sheriff's Office, Palm
Beach County Fire Rescue, or the Palm Beach County Electronic Services & Security
Division to program Participant radio equipment with talk groups.
5.04.04 Review of Bid Documents for Service Provider. If the Participant
intends to use a commercial service provider to program Participant radio equipment with
the Common Talk Groups, the Participant shall submit the appropriate bid
documents/contract to the System Manager for approval prior to soliciting a bid or quote
from the commercial service provider. The System Manager will work with the
Participant to develop the appropriate language for the contract which will allow for
approval of the commercial service provider. Notwithstanding the previous statement, the
County retains the right, in its sole opinion with or without written reason or cause, to
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approve or disapprove the use of a commercial service provider. If approved, the System
Manager will release the access and programming codes to the commercial service
provider. The Participant will be responsible for ensuring that the commercial service
provider adheres to the terms of this Agreement pertaining to the proper use of the
programming codes and radio equipment use and the terms requiring the safeguarding
and protection of the confidentiality of the access codes. If not approved, the Participant
shall use the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, or
Palm Beach County Electronic Services & Security Division to program Participant radio
equipment with talk groups.
5.04.05 Survival. The provisions of this section regarding the Participant's duty
to keep the County's access codes confidential shall survive the termination or expiration
of this Agreement.
5.05 Federal Shared Encryption Key. The County's System is configured to allow for
end to end encryption. If the Participant desires encryption, the Participant must request a CKR
assignment from the County's System Manager. The Federal Shared Encryption Key ("Key") is
available for use by local law enforcement agencies who require direct radio interoperability
with federal agencies and is used on Law Enforcement Common 6E through l0E talk groups on
the County's System. The Key is considered to be exempt and confidential security system
information under F.S. 119.071(3) and must not be released to the public or to unauthorized
persons. If the Participant requests use of the Key, the Participant shall be responsible for
safeguarding and protecting the confidentiality of the Key from release to unauthorized parties.
Service staff directly employed by the Participant shall be considered authorized to receive
access to the Key. Commercial service providers are not considered authorized to receive
access to the Key. Keyloading of the Participant's end user radios must only be done by the
Participant itself or another authorized law enforcement agency. The Participant must also store
the Participant's encryption key loader(s) in a secure and locked location when not in use. The
Participant must immediately notify the County's System Manager if the Participant has reason
to believe the confidentiality of the Key has been compromised or an encrypted radio has been
lost or stolen. The Participant shall not program the Key into any non -law enforcement radio.
The Participant must delete the Key from any radio to be repaired by non -agency personnel,
removed from service or sent to surplus for disposal. The Participant must not provide any Key
encrypted radios to any non-public safety personnel. The provisions of this section regarding the
Participant's duty to keep the Key confidential shall survive the termination or expiration of this
Agreement.
5.06 Malfunctioning Participant Equipment. The Participant is solely responsible for
the performance and the operation of the Participant Equipment and any damages or liability
resulting from the use thereof. Should the County identify malfunctioning Participant
Equipment; the County will request that the Participant discontinue use of the specific device
until the repairs are completed. The County may, after proper written notification to the
Participant, disable the equipment from the System if the device is causing interference to the
System.
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5.07 Stolen or Lost Radios. In the case of lost or stolen equipment, the Participant will
notify the System Manager by e-mail authorizing the System Manager to disable the equipment.
The Participant will provide the Radio ID number and the serial number of the radio. The System
Manager will advise via e-mail when the radio has been disabled. A request by the Participant to
re -activate a disabled unit must be in writing by e-mail to the System Manager.
5.08 Subscriber Unit Information. The Participant must provide the County with an
initial inventory of the radios that are proposed to be programmed onto the System. The
Participant will provide the following information to the County:
1. Radio manufacturer and model numbers.
2. Radio serial numbers.
3. Requested aliases to be programmed.
4. List of programming changes requested.
5. Talk group required.
6. Common talk groups required.
7. Other agency talk groups required.
The System Manager will then compile this information and transmit back to the Participant a
matrix of the approved talk groups, aliases, and radio ID numbers prior to the Participant's radios
being programmed into the System. The Participant is responsible for adhering to the talk group
and radio ID allocations established by the County. The County's talk group and radio ID
allocations are on file with the County and available upon request.
5.09 Costs. Participant agrees to pay to County the costs set out in Section 6 hereof.
5.10 Limitation. Nothing in this Agreement shall represent a commitment by the County
or shall be construed as intent by the County to fund any portion of the Participant's Equipment.
SECTION 6: COSTS TO PARTICIPANT AND BILLING
6.01 One Time System Access Charge. The Participant will pay a one-time System
access charge for each subscriber unit on the System in the amount of $3,234.00 per unit. Each
subscriber unit added to the System will be charged the same amount at the time the unit is
programmed for System access. In the event of any termination of the Agreement, the one-time
access charges will not be reimbursed.
6.02. Annual System Maintenance Charge. The Participant will pay the County an
annual maintenance charge of $176.72 per unit for maintenance of the System. In the event of
termination of this Agreement by the County and with no fault of the Participant, the Participant
shall be reimbursed the pro rata share of maintenance fees based on the date of termination. In
the event of termination by the Participant, no maintenance fees will be reimbursed.
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6.03 System Renewal and Replacement Fund Contribution.
6.03.01 Establishment of the Replacement Fund. The County implemented an
800 MHz System Renewal and Replacement Fund ("Replacement Fund"). The purpose
of this fund is to provide a structured "savings plan" by which the cost of the equipment
renewal and replacement is prorated over the estimated life of the System and paid on an
annual basis throughout that life. The Replacement Fund is used for replacement of
existing dispatch consoles. The Replacement Fund may be used to expand the System as
determined appropriate by the County, however the Replacement Fund will not be used
to expand or add dispatch consoles.
6.03.02 Replacement Fund Contribution. The Participant shall pay the County
$334.88 per unit per year for the Replacement Fund. In the event of a termination of this
Agreement by the Participant or the County, the Participant will not be reimbursed for
any contributions to the Replacement Fund.
6.04 Tri-Annual Review of Costs to Participant. The County may review and update
the fees and charges identified in Sections 6.01, 6.02, and 6.03 once every three (3) years
beginning in January 2021 and every 3 years thereafter (i.e. adjustments will be calculated in
January 2021, 2024, 2027, 2030 etc.) and noticed to Participant by April lst to be effective for
the County's next fiscal year beginning October 1". In any case, the cost shall be equal to that
charged to a County Department. These revised fees and charges will be applicable for the
upcoming fiscal year and will automatically become a part of this Agreement on October I' of
the applicable year.
6.05 Budgeting for Costs. The Participant is responsible for estimating the number of
units which it will have on the System for the upcoming fiscal year and budgeting accordingly
based on the fees and charges described in this Section 6. In order to assist the Participant, the
County will compile a list of the active radios that the Participant has on the System in the
current year and provide this to the Participant for informational purposes only. The Participant
shall be responsible for budgeting for any additional radios that it proposes to add to the System
in the current fiscal year.
6.06 Billing Schedule.
6.06.01 Invoice for Maintenance Charge and Replacement Fund Contribution. Each
November 151h, the County will invoice the Participant for the number of radios that were
on the System as of the prior September 30th using the per unit fees and charges described
in Sections 6.02 and 6.03 of the Agreement. If the effective date of this Agreement is
between November 15th and September 30th, the Participant will be charged pursuant to
Section 6.06.02 below.
6.06.02 Adding Radios. Any additional radios which the Participant requests to operate
on the System will be charged fees for a full year pursuant to Sections 6.02 and 6.03,
regardless of the time of the year that the additional unit is programmed into the System.
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6.06.03 Invoice for Access Charges. The County shall prepare and transmit a separate
invoice for the one-time access charge pursuant to Section 6.01 of this Agreement within
10 days of the Participant's request for subscriber units to be programmed on the System.
The Participant shall pay the one-time access charge at any time prior to October 15th of
each year, following the effective date of this Agreement.
6.06.04 Pam. Upon receipt of any invoice, the Participant will immediately review
same and report any discrepancies to the County within 10 days of receipt. Payment will
be due to the County within 30 days of receipt of the invoice (except for invoices issued
pursuant to Section 6.06.03).
Payment for all invoices shall be sent to:
Facilities Development & Operations
Fiscal Manager
2633 Vista Parkway
West Palm Beach, FL 33411-5603
Attn: 800 MHz Interlocal Agreement # , Invoice #
SECTION 7: ROANIING
As of this time, the System does not support the use of roaming and private call. In the
future the County may activate some ,or all of these features should the loading of the System
allow. The Participant will not program these features into the Participant's radios. If roaming
and/or private call are allowed on the System in the future, the Participant may, at its own
expense, reprogram the Participant's radios. The County will provide an amendment to this
Agreement defining the uses and required programming should these features become available
on the System.
SECTION 8: GPS
8.01 GPS Feature. The Participant shall have the authority to implement GPS
reporting from its subscriber radios to the County's SmartZone Controller and use that
information for personnel tracking. The Participant recognizes that the County does not
currently use this feature of the County's System. As a result, the Participant may need to
purchase additional hardware and software licenses to implement the GPS feature.
8.02 Ownership. GPS hardware and/or software purchased by the Participant that is
installed directly into the County's SmartZone Controller will become part of the County's
System and ownership will automatically transfer to the County at the expiration of any
manufacturer warranty. After transfer of ownership, the County agrees to maintain the GPS
components located at the SmartZone Controller and include them in the County's Master
Service Agreement. The County will maintain a database of active and reserved end user licenses
allocable to the Participant.
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8.03 Replacement. When at the end of the useful life of any GPS hardware or
software that is part of the County's System, the County may choose not to replace the GPS
hardware and software if there are no County users of the GPS feature.
8.04 No Responsibility for Third Party Claims. Neither the County nor the
Participant shall be liable to each other or for any third party claim which may arise out of
implementation of the GPS tracking feature, upon whatever cause of action any claim is based.
The GPS tracking feature is designed to assist qualified law enforcement, fire, and other
emergency 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 agency which is
providing such service and not necessarily either party to this Agreement.
SECTION 9: LIABILITY
9.01 No Representation as to Fitness. The County makes no representations about the
design or capabilities of the County's System. The Participant has decided to enter into this
Agreement and use the County's System based on its review of the System design, System
coverage, manufacturing and installation details contained in the County's contract with
Motorola and review of any subsequent field measurements and testing data as may exist. The
County agrees to use its best reasonable efforts to provide the Participant with the use of the
System described in the Agreement, but makes no guarantee as to the continual, uninterrupted
use of the System, or its fitness for the communication needs of the Participant.
9.02 No Waiver of Sovereign Immunity. The Parties to this Agreement and their
respective officers and employees shall not be deemed to assume any liability for the acts,
omissions and negligence of the other party. Nothing in this Agreement shall be construed as a
waiver of the sovereign immunity of the County or Participant pursuant to §768.28, Florida
Statutes. Each party shall be liable for its own actions and negligence and, to the extent permitted
by law, the Participant shall indemnify, defend and hold harmless the County against any
actions, claims or damages arising out of the Participant'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 §768.28, 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.
9.03 No Responsibility for Third Party Claims. Neither the County nor the Participant
shall be liable to each other or for any third party claim, which may arise out of the services
provided hereunder or of the radio System itself, its operation or use, or its failure to operate as
anticipated, upon whatever cause of action any claim is based. The System is designed to assist
qualified law enforcement, fire, and other emergency 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 agency which is providing such service and not necessarily either party to
this Agreement.
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9.04 No Consequential Damages. 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 Participant waive all other remedies
with respect to each other, including, but not limited to, consequential and incidental damages.
9.05 Survival. The provisions of this section shall survive the termination or expiration
of this Agreement.
SECTION 9A: INSURANCE
Without waiving the right to sovereign immunity as provided by Section 768.28, Florida
Statutes, (Statute), the Participant represents that it is self -insured with coverage subject to the
limitations of the Statute, as may be amended.
If Participant is not self -insured, Participant shall, at its sole expense, purchase and
maintain in full force and effect at all times during the life of this contract, insurance coverage at
limits not less than those contained in the Statute.
Should Participant purchase excess liability coverage, Participant agrees to include
County as an Additional Insured.
The Participant agrees to maintain or to be self -insured for Workers' Compensation
insurance in accordance with Chapter 440, Florida Statutes.
Should Participant contract with a third -party (Contractor) to perform any service related
to the Agreement, Participant shall require the Contractor to provide the following minimum
insurance:
• Commercial General Liability insurance with minimum limits of $1,000,000 combined
single limit for property damage and bodily injury per occurrence and $2,000,000 per
aggregate. Such policy shall be endorsed to include Participant and County as Additional
Insureds. Participant shall also require that the Contractor include a Waiver of
Subrogation against County.
• Business Automobile Liability insurance with minimum limits of $1,000,000 combined
single limits for property damage and bodily injury per occurrence.
• Workers' Compensation insurance in compliance with Chapter 440, Florida Statutes, and
which shall include coverage for Employer's Liability with minimum limits of
$1,000,000 each accident.
When requested, the Participant shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance.
Compliance with the foregoing requirement shall not relieve the Participant of its liability
and obligations under this Agreement.
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SECTION 10: OWNERSHIP OF ASSETS
All assets maintained under Section 5.01 of this Agreement will remain assets of the
Participant at all times. Parts incorporated into assets owned by Participant will immediately
become a part of the asset and will be the property of the Participant. All other assets involved in
the System will remain the County's, despite the Participant's financial contribution to their
maintenance, renewal and replacement.
SECTION 11: TERM OF AGREEMENT
11.01 Initial Term. The initial term of this Agreement is for five (5) years and shall
commence retroactively on July 21, 2019. This Agreement is intended to replace former
Agreement R2014-1037 and maintain continuous services
11.02 Renewals. The Agreement may be renewed for two (2) additional terms of five (5)
years each. At least six (6) months prior to the expiration of this Agreement's term, the
Participant 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 12: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment executed by
both the Board of County Commissioners and the Participant Council.
SECTION 13: TERNIINATION
This Agreement may be terminated by either party, with or without cause. Any
termination shall be effective only on October I` of any year and shall be with a minimum of six
(6) months notice. In the event of termination, repayment of financial contributions made by the
Participant to the County System will be made according to Section 6 of this Agreement. It will
be the responsibility of the Participant to reprogram the Participant's radios removing the
County's System information from its radios.
SECTION 14: ANNUAL BUDGET APPROPRIATIONS
The County's and the Participant's performance and obligations to pay pursuant to this
Agreement are contingent upon annual appropriation for its purpose by the Board of County
Commissioners and the Participant's Council.
SECTION 15: 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
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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
Palm Beach County
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411-5603
With copies to:
Radio System Manager
2633 Vista Parkway
West Palm Beach, FL 33411
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
As to the Participant:
Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
With copies to:
Police Chief
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Davis & Ashton, P.A.
701 Northpoint Pkwy, Suite 205
West Pahn Beach, FL 334007
SECTION 16: APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
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SECTION 17: FILING
A copy of this Agreement shall be fled with the Clerk & Comptroller, Palm Beach
County.
SECTION 18: 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 Participant concerning the System. 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 Participant unless reduced to writing and signed by them.
SECTION 19: 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 Participant's officers.
SECTION 20: 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.
SECTION 21: 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 and/or Participant.
SECTION 22: NON-DISCRIMINATION
The County is committed to assuring equal opportunity in the award of contracts and
complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution
R2017-1770, as may be amended, the Participant warrants and represents that throughout the
term of the Agreement, including any renewals thereof, if applicable, 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 or
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expression, or genetic information. Failure to meet this requirement shall be considered default
of the Agreement.
SECTION 23: ASSIGNMENT
Participant may not assign, mortgage, pledge, or encumber this Agreement in whole or in
part, without prior written consent of County, which may be granted or withheld at the County's
absolute discretion. This provision shall be construed to include a prohibition against an
assignment, mortgage, pledge, encumbrance or sublease, by operation of law, legal process,
receivership, bankruptcy, or otherwise, whether voluntary or involuntary.
SECTION 24: SEVERABILITY
If any term of the Agreement or the application thereof to any person or circumstance
shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the
remainder of the Agreement, or the application of such term to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each
term of the Agreement shall be valid and enforceable to the fullest extent permitted by law.
SECTION 25: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
SECTION 26: EFFECTIVE DATE
This Agreement is expressly contingent upon the approval of the Palm Beach County
Board of County Commissioners and shall become effective only when signed by all Parties and
approved by the Palm Beach County Board of County Commissioners.
THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
R2019 1902
ATTEST:
SHARON R. BOCK
CLERK & COMPT]
:
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
ATTEST:
1013
q• O
SEAL
i INCORPORATED:
By: a All& 1 1 I�
Lori McWilliams, MMC, Clerk
APPROVED
LIM
AND LEGAL
DEC 1 7 2019
PALM BEACH COUNTY, a political
subdivision of the State of Florida
Ole-.•�--------_
, Mayor Dave Kerner
APPROVED AS TO TERMS AND
CONDITIONS:
By: M13 AN W +�
Audrey"If, Director
Facilities Development & Operations
VILLAGE OF TEQUESTA, a municipal
corporation of the State of Florida
By:
temy Alle , illage Manager
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Attachment I
PALM BEACH COUNTY
PUBLIC SAFETY RADIO SYSTEM
POLICIES AND PROCEDURES
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)
6. Countywide Use of Public Safety Radio System During Times of Catastrophic Failure which
result in non-trunking "conventional" operation (O.P. # I-10)
7. System Maintenance and Administration Plan