HomeMy WebLinkAboutDocumentation_Regular_Tab 11_10/8/2020 Agenda Item #11.
Regular Council
STAFF MEMO a
Meeting: Regular Council - Oct 08 2020
Staff Contact: Gus Medina, Police Chief Department: Police
Approve Interlocal Agreement with Palm Beach County to Access Common Talk Groups
This Interlocal Agreement allows Tequesta Police officers access to Palm Beach County's Common
Talk Groups. The agreement is to set forth the parameters under which the County will provide
access to the Common Talk Groups established on the County System specifically to provide
interoperable communications among public safety and general government agencies. The term of
this agreement is five (5) years.
POTENTIAL MOTION - • •
Recommend to Pass Motion
Public Records Addendum ada
MPSCC Talk Group - 2
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Agenda Item #11.
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) 768-0440, OR AT
Imcwilliams@teguesta.or , 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.
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Agenda Item #11.
"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 ("WX"), Web Accessibility Initiative ("WAI"), available at
www.w3.org/TR/WCAG/."
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Agenda Item #11.
Village of Tequesta/MPSCC Talk Group
INTERLOCAL AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this day of
, 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("Municipality").
WITNESSETH
WHEREAS, the County and the Municipality 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 Municipality; and
WHEREAS, the County has purchased, designed, installed, and operates a Public Safety
Radio System that supports the needs of the Palm Beach County Sheriff's 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 Municipality 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 Municipality can access the
Common Talk Groups established on the County's Public Safety Radio System to receive the
public safety benefit of interoperability; 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 the Common Talk Groups established on the County System specifically to
provide interoperable communications among public safety and general government agencies
capable of accessing this feature of the County System. This Agreement also identifies the
conditions of use, and ability of the Municipality to participate in the operational decisions
relating to the use of the Common Talk Groups.
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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 agreements.
2.03 Municipalityquipment: Also known as "agency radios," are Municipality
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.
2.04 Radio Alias: The unique name assigned to an operator's radio that displays on the
dispatcher's console when a radio transmits.
2.05 SmartZone Controller: The SmartZone Controller is the central computer that
controls the operation of the County's Public Safety Radio System. The SmartZone Controller
manages access to System features, functions, and talk-groups.
2.06 System: The Public Safety Radio System funded, purchased, installed, maintained
and owned by the County.
2.07 System Manager: An employee within the County's 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 will be the Municipality'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 will
be 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
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responsible for overseeing and implementing the policies and procedures for the County's
System.
3.03 Compliance with System Policies and Procedures. The Municipality 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 Municipality by the System Manager. The
Municipality 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& 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.
4.02 Coverage for Common Talk Grouus. The County System provides seamless
County-wide portable and mobile radio coverage for the Common Talk Groups. The radio
coverage for the Common Talk Groups is identical to that of other County Talk Groups that
reside on the County's System.
4.03 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.
4.04 Scheduled Outages. The County shall maintain the coverage as described in the
County's contract with Motorola R2015-1673, dated 11/17/15, 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 Municipality shall be notified of scheduled preventive maintenance, pursuant to the
policies and procedures referenced on Attachment I hereto.
4.05 Management. The County shall be responsible for talk group and fleet mapping
management in accordance with the policies and procedures set forth on Attachment I, as may be
amended and updated from time to time.
SECTION 5: MUNICIPALITY EQUIPMENT AND RESPONSIBILITIES
5.01 Municipality Equipment. The Municipality'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 Municipality. The Municipality will be required to keep its
equipment in proper operating condition and the Municipality is responsible for maintenance of
its radio equipment.
5.02 Agreement Limited to Common Talk Groups. The Municipality will only
program the Common Talk Groups and the individual unit ID numbers assigned by the System
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Manager as part of this Agreement. The Municipality will not program into its radios the
County operational talk groups without a letter of authorization or a signed agreement from the
County.
5.03 Municipality Contacts. The Municipality shall provide the County with a list of
persons/positions, which are authorized to request activating/deactivating existing units or new
units. No programming will be undertaken by the Municipality or its service provider until
requested and approved in writing by the System Manager.
5.04 County Confidential Information. The Municipality shall receive certain access
codes to the County's System to enable the Common Talk Groups to be programmed into the
Municipality's equipment. The access codes are considered to be exempt and confidential
security system information under F.S. 119.07](3) and must not be released to the public or
unauthorized persons. The access codes are to be treated as confidential information and the
Municipality 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 Municipality 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 Municipality 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.
5.04.01 Authorized Parties. Service staff directly employed by the Municipality
shall be considered authorized to receive access and programming codes for the
maintenance of the Municipality's radio equipment. Commercial service providers are
not considered authorized to receive access to programming codes for the System. If the
Municipality plans to use commercial services for its system or subscriber unit
maintenance, the Municipality must include confidentiality requirements in their
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 Section 5.04.03 and/or 5.04.04
below. If the Municipality does not have employees capable of programming
Municipality radio equipment or prefers to have others program Municipality 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 Municipality's radio equipment under the terms of a separate agreement.
5.04.03 County Review of Existing Service Provider Agreements. If the
Municipality uses a commercial service provider to program Municipality radio
equipment at the time of execution of this Agreement, and desires that the commercial
service provider program the Municipality radio equipment with the Common Talk
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Groups, the Municipality 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 Municipality 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 Municipality 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 Municipality
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 Municipality
radio equipment with Common Talk Groups.
5.04.04 Review of Bid Documents for Service Provider. If the Municipality
intends to use a commercial service provider to program Municipality radio equipment
with the Common Talk Groups, the Municipality 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
Municipality 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
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 Municipality 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
Municipality shall use the Palm Beach County Sheriff's Office, Palm Beach County Fire
Rescue, or Palm Beach County Electronic Services & Security Division to program
Municipality radio equipment with Common Talk Groups.
5.04.05 Survival. The provisions of this section regarding the Municipality'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 Municipality desires encryption, the Municipality 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 Municipality requests use of the Key, the Municipality shall be
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responsible for safeguarding and protecting the confidentiality of the Key from release to
unauthorized parties. Service staff directly employed by the Municipality 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 Municipality's end user radios must
only be done by the Municipality itself or another authorized law enforcement agency. The
Municipality must also store the Municipality's encryption key loader(s) in a secure and locked
location when not in use. The Municipality shall immediately notify the County's System
Manager if the Municipality has reason to believe the confidentiality of the Key has been
compromised or an encrypted radio has been lost or stolen. The Municipality shall not program
the Key into any non-law enforcement radio. The Municipality must delete the Key from any
radio to be repaired by non-agency personnel, removed from service or sent to surplus for
disposal. The Municipality shall not provide any Key encrypted radios to any non-public safety
personnel. The provisions of this section regarding the Municipality's duty to keep the Key
confidential shall survive the termination or expiration of this Agreement.
5.06 Malfunctioning Municipality Equipment. The Municipality is solely responsible
for the performance and the operation of the Municipality equipment and any damages or
liability resulting from the use thereof. Should the County identify malfunctioning Municipality
owned equipment; the County will request that the Municipality discontinue use of the specific
device until the repairs are completed. The County may, in its discretion, disable the equipment
from the System after properly notifying the Municipality in writing if the device is causing
interference to the System.
5.07 Stolen or Lost Municipality Radios. In the case of lost or stolen equipment, the
Municipality will notify the System Manager by e-mail authorizing the System Manager to
disable the equipment. The authorization shall provide the County issued individual unit 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 Municipality to re-activate a disabled radio must be in
writing by e-mail to the System Manager.
SECTION 6: PROGRAMMING OF COMMON TALK GROUPS
The Municipality is responsible for adhering to the Common Talk-Group alias' established by
the County and its Steering Committees. Any deviations from the standard naming will have to
be reviewed and approved by the System Manager prior to implementation.
SECTION 7: UTILIZATION AND MONITORING OF COMMON TALK GROUPS
7.01 Purpose of Common Talk Groups. The Common Talk Groups were implemented
specifically for inter-agency communication among multiple agencies, regardless of their
specific discipline or affiliation. They were also created to allow communications between
agencies without requiring cross-programming operational talk groups in each agency's radios.
7.02 Approved Uses. Usage of the Common Talk Groups is authorized to coordinate
multi jurisdictional fire/law enforcement/disaster recovery operations such as fires requiring
multi-agency responses, police pursuit through multiple jurisdictions and coordination and
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response to local emergencies and disasters. Other authorized uses include undercover
operations, investigations, perimeter communications, fire ground coordination, scene security
and landing zone communications requiring participation of multiple agencies and disciplines.
In addition, the Common Talk Groups can be used by any agency experiencing
catastrophic failure of its own communication system for a determined amount of time. A
request to utilize the Common Talk Groups for this situation requires permission of the System
Manager. Once approved by the System Manager, the Common Talk Groups can be temporarily
utilized until repair of the agency's communication system is complete.
7.03 Prohibited Uses. The Common Talk Groups shall not be used for every-day routine
communications or as an extra talk group for agencies that have cross programming agreements
and duplicated talk groups programmed into their radios. Other prohibited uses include
communications for special events and operations, use as an additional dispatch, administrative
or a car to car talk group for a single agency.
7.04 Monitorins. The Municipality acknowledges that there is a loss of functionality
through the interface between its system and the Countywide system. Within 10 days of the
execution of this Agreement, the Municipality will provide to the County its internal procedures
with regard to monitoring of the common talk groups.
SECTION 8: LIABILITY
8.01 No Representation as to Fitness. The County makes no representations about the
design or capabilities of the County's System. The Municipality has decided to enter into this
Agreement and use the County's System on the basis of having interoperability with the County
and /or other municipalities during times of mutual aid and/or joint operations. The County
agrees to use its best reasonable efforts to provide the Municipality with full use of the Common
Talk Groups but makes no guarantee as to the continual, uninterrupted use of the System, or its
fitness for the communication needs of the Municipality.
8.02 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 Municipality 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 Municipality shall indemnify, defend and hold harmless the County against any
actions, claims or damages arising out of the Municipality'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 parry to indemnify the other for such other party's negligent,
willful or intentional acts or omissions.
8.03 No Responsibility for Third Party Claims. Neither the County nor the
Municipality 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
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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.
8.04 No Conseauential 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 Municipality waive all other
remedies with respect to each other, including, but not limited to, consequential and incidental
damages.
8.05 Survival. The provisions of this section shall survive the termination or expiration
of this Agreement.
SECTION 8A: INSURANCE
Without waiving the right to sovereign immunity as provided by section 768.28, Florida
Statutes, (Statute), the Municipality represents that it is self-insured with coverage subject to the
limitations of the Statute, as may be amended.
If Municipality is not self-insured, Municipality 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 Municipality purchase excess liability coverage, Municipality agrees to include
County as an Additional Insured.
The Municipality agrees to maintain or to be self-insured for Workers' Compensation
insurance in accordance with Chapter 440, Florida Statutes.
Should Municipality contract with a third-parry (Contractor) to perform any service
related to the Agreement, Municipality 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 Municipality and County as
Additional Insureds. Municipality 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.
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When requested, the Municipality shall provide an affidavit or Certificate of Insurance
evidencing insurance or self-insurance.
Compliance with the foregoing requirement shall not relieve the Municipality of its
liability and obligations under this Agreement.
SECTION 9: OWNERSHIP OF ASSETS
All assets maintained under this Agreement will remain assets of the respective party.
SECTION 10: TERM OF AGREEMENT
10.01 Initial Term. The initial term of this Agreement is for five (5) years and shall
commence retroactively on October 1, 2020.
10.02 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
Municipality 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 11: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment as agreed to
by all parties.
SECTION 12: TERMINATION
This Agreement may be terminated by either party, with or without cause upon ten (10)
days written notice to the other party. Upon notice of termination, the System Manager will
proceed to disable the Municipality's radios from the County's System. It will be the
responsibility of the Municipality to reprogram the Municipality's radios removing the County's
System information from the radios. The Municipality will complete reprogramming the
Municipality's radios within sixty (60) days of the date of termination. A municipality with
greater than one hundred(100)radios will be given ninety(90) days to re-program its radios.
SECTION 13: 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
be the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the
following:
As to the County:
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County Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development& Operations
2633 Vista Parkway
West Palm Beach, FL 33411-5603
With a copy to:
Radio System Manager
Palm Beach County Electronic Services & Security Division
2601 Vista Parkway
West Palm Beach, FL 33411-5610
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
As to the Municipality:
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 Palm Beach, FL 334007
SECTION 14: APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida. Any legal action
necessary to enforce the Agreement will be held in a court of competent jurisdiction located in
Palm Beach County, Florida.
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SECTION 15: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for
Palm Beach County.
SECTION 16: ENTIRE AGREEMENT
This Agreement and any Attachments hereto constitute all agreements, conditions and
understandings between the County and the Municipality concerning access to the Common Talk
Groups. 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 Municipality unless reduced to
writing and signed by them.
SECTION 17: 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 Municipality's officers.
SECTION 18: 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 19: 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 Municipality.
SECTION 20: 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 Municipality 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,
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national origin, ancestry, marital status, familial status, sexual orientation, gender identity or
expression, or genetic information. Failure to meet this requirement shall be considered default
of the Agreement.
SECTION 21: ASSIGNMENT
Municipality 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 22: 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 23: 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 24: ANNUAL BUDGETARY FUNDING/CANCELLATION
This Agreement and all obligations of County and Municipality hereunder requiring the
expenditure of funds are subject to and contingent upon annual budgetary funding and
appropriations by the Palm Beach County Board of County Commissioners and the Municipality
Council.
SECTION 25: 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.
SECTION 26: E-VERIFY—EMPLOYMENT ELIGIBILITY
26.01 Municipality warrants and represents that it is in compliance with section 448.095,
Florida Statutes, as may be amended. No later than January 1, 2021, Municipality shall: (1)
register with and use the E-Verify System (E-Verify.gov), to electronically verify the
employment eligibility of all newly hired workers; and (2) verify that all of the Municipality's
contractors and subcontractors performing any duties and obligations under this Agreement are
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registered with and use the E-Verify System to electronically verify the employment eligibility
of all newly hired workers.
26.02 County shall terminate this Agreement if it has a good faith belief that Municipality
has knowingly violated Section 448.09(1), Florida Statutes as may be amended.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first above written.
ATTEST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK& COMPTROLLER subdivision of the State of Florida
By: By:
Deputy Clerk Mayor
APPROVED AS TO LEGAL APPROVED AS TO TERMS AND
SUFFICIENCY: CONDITIONS:
By: By:
County Attorney Audrey Wolf, Director
Facilities Development& Operations
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ATTEST: MUNICIPALITY: Village of Tequesta, a
municipal corporation of the State of
Florida
By: By:
Lori McWilliams, MMC, Clerk Abby Brennan, Mayor
APPROVED AS TO LEGAL
SUFFICIENCY:
By:
Attorney
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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. # 1-04)
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
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