HomeMy WebLinkAboutResolution_14-91/92_04/16/1992 RESOLUTION NO. 14 -91/92
i A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, APPROVING AN INTERLOCAL AGREEMENT j
BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF
TEQUESTA REGARDING THE ENHANCEMENT AND
MAINTENANCE OF THE E -911 EMERGENCY TELEPHONE
NUMBER SYSTEM.
WHEREAS, Palm Beach County and the Village of Tequesta have
agreed upon certain responsibilities for the enhancement and
maintenance of the E -911 Emergency Telephone Number Systems
as indicated in the attached Interlocal Agreement marked
Exhibit "A "; and
WHEREAS, the Village and Palm Beach County have previously
entered into an Interlocal Agreement dated November 6, 1990,
for the upgrade and maintenance of the Village's Emergency
Telephone System; and
WHEREAS, approving this Interlocal Agreement is in the best
interest of the citizens of the Village of Tequesta, as it
will benefit the health, safety and welfare of said citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village Council hereby ratifies and confirms
the foregoing recitals.
Section 2. The Interlocal Agreement attached hereto and
marked as Exhibit "A" is hereby approved and the Mayor is
authorized to execute the same on behalf of the Village.
THE FOREGOING RESOLUTION WAS OFFERED by
Councilmember _ Howell who moved its
adoption. The motion was seconded by
Councilmember R>>rc - kart f and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
. J oseph N. Capretta
Ron T. Mackail
Earl L. Collings
William E. Burckart
Edward C. Howell
The Mayor thereupon declared the Resolution duly passed and
adopted this 16th day of April , A.D., 1992.
MAYOR F TEQUESTA
L�
arl L. Collings
ATTEST:
J ann Manganiel
Village Clerk
INTERLOCAL AGREEMENT
BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF
PALM BEACH COUNTY FLORIDA AND
THE VILLAGE OF TEQUESTA
FOR THE ENHANCEMENT AND MAINTENANCE OF THE
E 9 -1 -1 EMERGENCY TELEPHONE NUMBER SYSTEM
THIS AGREEMENT is made and entered into this day of
1992, by and between the Board of County
Commissioners of PALM BEACH COUNTY, a political subdivision of the
State of Florida, whose address is 301 North Olive Avenue, West Palm
Beach, Florida 33401, hereinafter referred to as the COUNTY and the
Village of Tequesta, a Florida municipality, whose address is, 357
Tequesta Drive, Tequesta, Florida 33469, hereinafter referred to as
the CITY /TOWN.
W I T N E S S E T H
WHEREAS, pursuant to Section 365.171(13), Florida Statutes, and
consistent with the State - approved County Plan for the E 9 -1 -1
System, the COUNTY is authorized to establish, upgrade, coordinate
and take other appropriate actions, in pursuance of which authority,
among other things, the COUNTY imposes a 11 9 -1 -1 Fee" paid by the
local telephone exchange subscribers within the COUNTY boundaries,
which fee is deposited in a special fund, expenditures from which
are authorized for the acquisition (lease and /or purchase),
installation, operation and maintenance of E 9 -1 -1 system service
and equipment; and
WHEREAS, Section 365.171(13)(a)(6), Florida Statutes,
acknowledges the legislative intent that the "9 -1 - 1 " fee imposed and
collected by the COUNTY will not necessarily provide the total
funding required for establishing or providing the 11 9 -1 -1" service;
and
WHEREAS, the COUNTY is authorized, r"ngl,.,a rt to - tbP pr-r s carte
of Chapter 163, Florida Statutes, to enter into agreements with
other governmental agencies in Palm Beach County on a basis of
mutual advantage; and
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WHEREAS, the COUNTY desires to assist in the enhancement of the
CITY /TOWN'S Public Safety Answering Point, which enhancement may
include the acquisition, installation and /or maintenance of selected
. equipment, and is authorized under Section 365.171, Florida Statutes
and the County budget adopted or to be adopted for the 9 -1 -1 system,
and for which enhancement the CITY /TOWN desires to be reimbursed in
accordance with this Agreement; and
WHEREAS, the COUNTY and the CITY /TOWN consider entering into
and performing this Interlocal Agreement to be in the best interests
of their respective citizens and the health, safety and welfare of
such citizens;
NOW THEREFORE, in consideration of the premises and promises
herein contained, it is mutually agreed between the parties as
follows:
• 1. Purpose. The background and purpose of this Interlocal
Agreement are as set forth in the above recitals incorporated herein
by reference. This Agreement provides for reimbursement and
establishes reimbursement procedures, minimum performance standards
and other related procedures, and defines responsibilities
pertaining to the E 9 -1 -1 Emergency Telephone Number System as they
relate to the parties hereto. The subjects addressed herein and the
responsibilities assigned are not all inclusive and it is
anticipated that the E 9 -1 -1 Emergency Telephone Number System in
Palm Beach County will require future revisions and modifications.
• Accordingly, this document does not represent a limitation of
E 9 -1 -1 subjects and may be amended by mutual agreement of the
parties.
2. The Term. This Contract shall be effective from October
1, 1992 to September 30, 1993, and shall be automatically renewed
and extended for one (1) year unless either party gives written
notice co Lne uLuer ul its LI L eiiLluii s-o L eLLu.L iidlLe Ln.Ls i.;onLracu at
least ninety ( 90) days prior to the date of expiration.
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3. Obligations of the CITY /TOWN.
a. The CITY /TOWN shall submit to the COUNTY, no later
than March 15, 1992 and March 15th of each succeeding year
thereafter, the anticipated maximum 9 -1 -1 costs requested to be
reimbursed to the CITY /TOWN during the term of the Contract. For
purposes of this Contract, 9 -1 -1 costs means costs eligible for
reimbursement and shall include costs for those items specified in
Section 365.171(13), Florida Statutes, as the same now exists or may
hereafter be amended.
b. The CITY /TOWN shall promptly report to the COUNTY any
equipment or database failures as per the Responsibilities and
Guidelines Manual, which is in effect and furnished to the
I I CITY /TOWN.
c. As between the CITY /TOWN and the COUNTY, the CITY /TOWN
• shall be responsible for purchasing and acquiring any 9 -1 -1 related
) equipment for which reimbursement has been requested and approved of
by the COUNTY pursuant to this Agreement. As between the CITY /TOWN
and the COUNTY, the CITY /TOWN shall be responsible for repairing any
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9 -1 -1 related equipment for which sufficient funds are available,
subject to reimbursement by the COUNTY in accordance with this
Agreement. All requests for reimbursement must be submitted to
f 9 -1 -1 Management no later than July 31, 1993 and July 31, of each,
succeeding year thereafter.
d. The CITY /TOWN shall notify the COUNTY of any service
boundary changes within fourteen (14) days of adoption of the
Ordinance setting forth such change.
e. The CITY /TOWN shall provide security and back -up power
to its 9 -1 -1 system in accordance with the State 9 -1 -1 plan.
f. The CITY /TOWN shall provide call takers sufficient to
meet the requirements of the State of Florida, Division of
I' Communications, pursuan'c to sLace y - -.L rlan.
g. To the extent permitted by law, the CITY /TOWN shall
indemnify and hold harmless the COUNTY from and against any
liability, cost or expense arising from any act or negligence of the
CITY /TOWN, its agents and employees incurred in connection with the
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performance of this Contract. For purpose of liability, the
CITY /TOWN and COUNTY are covered by the provisions of Section
768.28, Florida Statutes, and this Contract shall not be deemed a
. waiver of Sovereign Immunity by either party.
h. The CITY /TOWN shall comply, at minimum, with all
standards established for public safety answering points by the
Division of Communications of the State of 'Florida.
i. Commensurate with the capabilities of the CITY /TOWN
Public Safety Answering Point equipment, consistent with the County
Approved Plan, and with no additional liability, expense or cost to
the CITY /TOWN, the CITY /TOWN shall establish and maintain alternate
routing to another answering point with Automatic Number
Identification (ANI) and Automatic Location Information ( ALI)
capabilities.
• 4. Obligations of the COUNTY.
a. The COUNTY shall assist the CITY /TOWN, to the extent
practical, in the identification and designation of appropriate
9 -1 -1 costs for which reimbursement may be requested pursuant to
this Agreement.
b. The COUNTY shall submit to the CITY /TOWN, no later
than May 31, 1992 or May 31st of each succeeding year thereafter,
the anticipated maximum 9 -1 -1 costs to be budgeted for reimbursement
and to be reimbursed by the COUNTY to the CITY /TOWN during the term
of the Contract.
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C. The COUNTY shall reimburse CITY /TOWN for legitimate
9 -1 -1 costs incurred during the term of, and in accordance with the
provisions of, this Contract, provided the invoices for which are
submitted to the COUNTY as soon as practical but no later than
thirty (30) days of expiration of this'Contract. Reimbursement of
costs incurred by the CITY /TOWN in accordance with this Contract,
and buageLea d,iu approved of oy Ltie %.:uum-i wlli be made upon
receipt of invoices, including copies of the applicable bill from
the equipment or service provider, delivered to:
9 -1 -1 Management Office
3111 South Dixie Highway - Suite 208
West Palm Beach, Florida 33405
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Payment will normally be made by the COUNTY within forty -five (45)
days of receipt of the invoices and supporting materials.
d. The COUNTY shall give priority, in the allocation of
. 9 -1 -1 fee revenue, to recurring project expenses and costs over new
capital (equipment) expenditures, new non - recurring expenses or
costs, and new recurring expenses and costs (including call takers).
e. The COUNTY shall notify the CITY /TOWN within sixty
(60) days, in the event sufficient funds are not available to
reimburse any of the anticipated maximum 9 -1 -1 costs requested.
f. The COUNTY shall be responsible for establishing and
maintaining current a Master Street Address Guide (MSAG).
g. The COUNTY shall provide a means, whenever practical,
for expediting repair to the 9 -1 -1 equipment.
h. The obligations of the COUNTY are subject to the
• availability of sufficient funds collected from the 11 9 -1 -1" fee.
5. Notices. All notices required under this Contract shall
be forwarded, in writing, to:
CITY /TOWN:
Village of Tequesta
357 Tequesta Drive
Tequesta, Florida 33469
with a copy to:
COUNTY:
Emergency Medical Services - 911 Management
3111 South Dixie Highway - Suite 208
West Palm Beach, Florida 33405
with a copy to:
County Attorney
6. Waiver of Breach. It is hereby agreed to by the parties
that no waiver of breach of any of the covenants or provisions of
this Agreement shall be construed to be a waiver of any succeeding
'breach of the same or any other covenant.
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7. Legal Effect, This Agreement shall not become binding and
effective until approved by the respective governing bodies hereto,
and filed with the Clerk of the Circuit Court of the Fifteenth
t Judicial Circuit, in and for Palm Beach County, Florida, pursuant to
Section 163.01(11), Florida Statutes.
8. Entirety of Agreement. The CITY /TOWN and COUNTY agree
that there are no promises or understandings other than those
identified or stated herein. None of the provisions, terms or
obligations in this Contract may be added to, modified, superseded,
or otherwise altered, except by written instrument executed by the
parties hereto.
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