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HomeMy WebLinkAboutDocumentation_Regular_Tab 25_2/13/2020Agenda Item #25. Regular Council STAFF MEMO Meeting: Regular Council - Feb 13 2020 Staff Contact: Gus Medina, Police Chief Department: Police RESOLUTION 08-20, OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING A PARTNERSHIP BETWEEN THE VILLLAGE OF TEQUESTA ("TEQUESTA") AND THE CITY OF PALM BEACH GARDENS ("PBG") FOR THE NORTH COUNTY COMMUNICATIONS CENTER TO PROVIDE DISPATCH AND COMMINCATIONS OPERATIONS FOR THE TEQUESTA POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES This agenda item is to approve an Inter -local agreement between the City of Palm Beach Gardens and the Village of Tequesta. This agreement allows Village of Tequesta to become a partner in the North County Communication Center (NorthCom). This agreement transfers the Tequesta Police Department's Communication Center duties to NorthCom and allows NorthCom to dispatch for the Tequesta Police Department. This agreement would start October 1, 2020. Approve RESOLUTION 08-20 Public Records Addendum ada PBG Cost Proposal 2-7-2020 Interlocal Agreement-publicsafetvdispatch-2020- Tequesta Page 543 of 557 Agenda Item #25. RESOLUTION 08-20 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ESTABLISHING A PARTNERSHIP BETWEEN THE VILLLAGE OF TEQUESTA ("TEQUESTA") AND THE CITY OF PALM BEACH GARDENS ("PBG") FOR THE NORTH COUNTY COMMUNICATIONS CENTER TO PROVIDE DISPATCH AND COMMINCATIONS OPERATIONS FOR THE TEQUESTA POLICE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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 TEQUESTA desire for PBG to provide public communications dispatch services for each of their respective public safety services, and PBG is willing to provide same from the PBG EOCC Dispatch Center ("North County Dispatch Center or "NCDC") 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 TEQUESTA have determined that entering into and performing this Agreement will further the health, safety, and welfare of their citizens and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Resolution 08-20 is hereby affirmed and ratified; Section 2: The Village Council hereby approves the Interlocal Agreement between the Village of Tequesta and The City of Palm Beach Gardens, to provide dispatch and communications services for the Tequesta Police Department; Section 3: This Resolution shall become effective immediately upon passage. Page 544 of 557 Agenda Item #25. PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes, CONTRACTOR must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Proposal or Bid. Upon request from the Village's custodian of public records, CONTRACTOR must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further, CONTRACTOR shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Proposal or Bid are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the CONTRACTOR does not transfer the records to the Village. Finally, upon completion of the Agreement, CONTRACTOR shall transfer, at no cost to the Village, all public records in possession of the CONTRACTOR, or keep and maintain public records required by the Village. If the CONTRACTOR transfers all public records to the Village upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the VILLAGE, upon request from the Village's custodian of public records, in a format that is compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-04401 OR AT ImcwiIlia ms@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and abuses. Page 545 of 557 Agenda Item #25. "The Village of Tequesta strives to be an inclusive environment. As such, it is the Village's policy to comply with the requirements of Title II of the American with Disabilities Act of 1990 ("ADA") by ensuring that the Contractor's [ agreement /bid documents and specifications ] are accessible to individuals with disabilities. To comply with the ADA, the Contractor shall provide a written statement indicating that all [ agreement /bid documents and specifications], from Contractor, including files, images, graphics, text, audio, video, and multimedia, shall be provided in a format that ultimately conforms to the Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) ("WCAG 2.0 Level AA"), published by the World Wide Web Consortium ("WK"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/." Page 546 of 557 Agenda Item #25. PALM BEACH GARDENS POLICE DEPARTMENT b "COMMITTED TO PROFESSIONAL EXCELLENCE" i _4 pOLl CLINTON SHANNON, CHIEF OF POLICE February 7, 2020 Chief Gustavo Medina Tequesta Police Department 345 Tequesta Drive Tequesta, FL 33469 Dear Chief Medina, The estimated cost for the City of Palm Beach Gardens to provide dispatch services for the Village of Tequesta is $205,259 for FY 2020-2021. This is assuming that services would start on October 1s`, 2020 and is based on information available at this time. This amount would include the cost of two new Emergency Communications Operator positions and the City's contractual obligations with the Police Benevolent Association. Sincerely, hief inXShannon CS/kh A State and Nationah5AccreditedLaw Enforcement Agency 10500 No. MILITARY TRAIL 0 PALM BEACH GARDENS, FL 33410 0 PHONE 561-799-4400 • FAx 561-799-44Page 547 Of 557 Agenda Item #25. INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH BY AND BETWEEN THE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF TEQUESTA THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH ("Agreement") is made and entered into (the date of Agreement full execution) by and between the CITY OF PALM BEACH GARDENS ("PBG") and the VILLAGE OF TEQUESTA ("TEQUESTA") 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 TEQUESTA desire for PBG to provide public safety communications dispatch services for each of their respective public safety services, and PBG is willing to provide same from the PBG EOCC Dispatch Center ("North County Dispatch Center or "NCDC") 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 TEQUESTA 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. Page 11 of 10 Page 548 of 557 Agenda Item #25. 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 the NCDC 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 the North County Dispatch Center, 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 NCDC fiscal year. D. "Technical Advisory Committee" JAC) shall mean the committee having the authority to develop, monitor, and recommend amendments to the NCDC Standard Operating Procedures and Response Protocols. E. "Standard Operating Procedures and Response Protocols" ("SOP") shall mean the policies and practices that shall guide the response to calls for service and the delivery of emergency dispatch services. The SOP will be developed by PBG. 5. Term: The term of this Agreement shall be for a period of six (6) years commencing on October 1, 2020, and terminating on September 30, 2026, unless sooner Page 12of10 Page 549 of 557 Agenda Item #25. terminated or sooner commenced in accordance with this Agreement. Additionally, if prior to October 1, 2020, TEQUESTA should lose the ability to provide its own dispatch services, TEQUESTA may initiate the term of this Agreement immediately by providing notice of same to PBG in accordance with this Agreement. 6. Public Safety Communications and Dispatch Services: A. PBG Provision of Service: PBG agrees to provide Dispatch Service for PBG and TEQUESTA through its EOCC Dispatch Center, operating and known as the North County Dispatch Center ("NCDC") for the term set forth in paragraph 5 unless or until this Agreement is otherwise terminated in accordance with the terms and conditions more particularly set forth herein. Specifically, PBG will provide twenty-four hour per day (24 hr/day) seven (7) days per week staffing and dispatch services to TEQUESTA 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 Agreement (MPSCC), computer access and searches, radio dispatch, and telephone answering service as that provided within PBG. TEQUESTA shall be responsible for the purchase and maintenance of all 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 the NCDC. However, notwithstanding the foregoing, nothing contained herein will modify the terms or conditions of the MPSCC for radio communications, which shall govern matters of radio communication pertaining to maintenance, infrastructure, operations equipment, and subscriber units. Communications consoles located in the NCDC are specifically exempt from the MPSCC. B. Recognition of Error: TEQUESTA 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 call, each party agrees to use reasonable efforts to remedy the Page 13 of 10 Page 550 of 557 Agenda Item #25. misrouting to the extent reasonable at the time and under the then -existing circumstances. C. Exclusive Command: All NCDC 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 TEQUESTA shall not interfere with such command. D. Daily Operational Matters: TEQUESTA hereby acknowledges that the NCDC 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 NCDC Standard Operating Procedures and Response Protocols to the extent practicable. 7. Administration: A. Identification: The PBG EOCC Dispatch Center, although operated by PBG, shall be identified and publicly recognized as the "North County Dispatch Center" or as may be determined by a unanimous vote of the EGB. Accordingly, the Parties hereby delegate to the EGB the specific authority to require all personnel assigned to the Dispatch Center to wear uniforms/clothing bearing the name of the Dispatch Center and/or its logo, to determine the details of such logo, and to change the name of the Dispatch Center and the design of the logo as the EGB may see fit. B. 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 Page 14 of 10 Page 551 of 557 Agenda Item #25. 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 TEQUESTA with public safety communications and dispatch services during the term of this Agreement, TEQUESTA hereby agrees to pay PBG as follows: A. Payment shall be based upon an annual NCDC budget prepared by PBG and submitted to TEQUESTA for its review and recommendations no later than May 1st each year. TEQUESTA-approved NCDC budget document must be submitted to PBG no later than June 1 st each year, unless an extension of time is granted by the PBG City Manager. 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 NCDC budget and which shall be paid to PBG by TEQUESTA 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 the NCDC ("cost share metric"). It is hereby acknowledged by TEQUESTA 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 (1/2) 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. Page 15 of 10 Page 552 of 557 Agenda Item #25. 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 NCDC 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, or other event or circumstance not within the control of PBG. 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 in an amount not less than One and One -Half Million Dollars ($1,500,000.00) and shall provide its employees with Workers' Compensation Insurance as required by law. TEQUESTA shall be furnished with an original, fully -executed certificate of said insurance, which certificate must provide for thirty (30) days' notice to TEQUESTA prior to cancellation. B. TEQUESTA shall carry and maintain continuously throughout the term of this Agreement all-risk liability insurance in an amount not less than One and One - Half Million Dollars ($1,500,000.00). PBG shall be named as an additional insured and shall be furnished with an original, fully -executed certificate of said insurance, which certificate must provide for thirty (30) days' notice to PBG prior to cancellation. 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 Page 16 of 10 Page 553 of 557 Agenda Item #25. 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: TEQUESTA shall indemnify, defend, and hold harmless PBG against any actions, claims, or damages arising out of the subject Contracting Municipality's negligence in connection with this Agreement to the extent permitted by law. PBG shall indemnify, defend, and hold harmless TEQUESTA 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 mutual indemnifications shall not constitute a waiver of sovereign immunity or an agreement to indemnify any party beyond the monetary limits set forth in Section 768.28, Florida Statutes (2019). 13. No Transfer of Powers: Nothing contained in this Agreement shall be construed to constitute a transfer of powers in any way whatsoever. This Agreement is solely an Interlocal Agreement to provide services, including, without limitations, services as authorized by Chapter 163, Florida Statutes. The Contracting Municipalities shall each retain all legislative authority with regard to the respective governing bodies. All of the 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 effort 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 Page 17 of 10 Page 554 of 557 Agenda Item #25. 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 any Contracting Municipality without the prior written consent of the governing bodies of each Contracting Municipality. 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 of the municipalities 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 the performance 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 any Contracting Municipality 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. 20. Termination: A. This Agreement may be terminated, with or without cause, by any Contracting Municipality, only by providing written notice to the others, no later than October 1st of any contract year. Any such termination shall not be effective until September 30t" of the contract year in which such notice was served. 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 termination in accordance with Section 20, this Agreement shall be automatically renewed for one (1) additional five- (5) year term. Page 18 of 10 Page 555 of 557 Agenda Item #25. 22. Notice: All formal notices affecting the terms or provisions of this Agreement shall be in writing and delivered in person by hand delivery or sent by overnight courier service (such as FedEx, UPS, DHL, etc... ) with signature confirmation upon receipt 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 Tequesta: City Manager Village Manager 10500 North Military Trail 345 Tequesta Drive Palm Beach Gardens, Florida 33410 Tequesta, Florida 33469 Attn: Contract Administrator/Chief of Police Attn: Contract Administrator/Chief of Police 23. Effective Date: This Agreement shall be effective on the later of February 15, 2020, 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 of Palm Beach County with the same formalities as this Agreement. Notwithstanding the foregoing, the development and adoption of the annual NCDC budget shall not be considered an amendment to this Agreement. (The remainder of this page intentionally left blank.) Page 19 of 10 Page 556 of 557 Agenda Item #25. IN WITNESS WHEREFORE, each of the Parties has authorized and caused this Agreement to be made, executed (signed by its Mayor/City Manager and attested by its City/Village Clerk) in triplicate (one original for each Contracting Municipality and one for filing). DATE: DATE: CITY OF PALM BEACH GARDENS VILLAGE OF TEQUESTA Ronald M. Ferris, City Manager ATTEST: Patricia Snider, CMC, City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY R. Max Lohman, City Attorney Page 110 of 10 Abigail Brennan, Mayor ATTEST: Lori McWilliams, MMC, Village Clerk (Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY Keith Davis, Village Attorney Page 557 of 557