HomeMy WebLinkAboutAgreement_Interlocal_09/10/2013 82013: *1163
AGREEMENT r�
THIS AGREEMENT ( "Agreement ") made and entered into thE 1 2013 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 ( "Village ").
WITNESSETH
WHEREAS, the County and the Village are continually identifying more effective
service delivery methods which result in overall savings to the taxpayers of the County and the
Village; and
WHEREAS, the County has purchased, designed, installed, and operates an 800 MHz
Trunked Radio 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 Village 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 Village 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 AND DEFINITIONS
1.01 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
condition of use and ability of the Village to participate in the operational decisions relating to
the use of the Common Talk Groups. This Agreement terminates, supercedes and replaces
Agreement R2003 -0865 as amended by Agreement R2007 -2182.
Page 1 of 10
1.02 Definitions
1.021 Common Talk Groups Talk groups established on the County's communications 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.
1.022 County Talk - Groups Talk groups established on the County's communication system
that are made available to county agencies providing for inter - departmental communications.
These talk groups are reserved for particular departmentstagencies and only available to outside
departments by separate agreements.
1.023 Village Eauivment Also known as "agency radios," are Village owned 800 MHz
handheld and mobile radios and control stations that have the ability to be programmed and used
on the County's Public Safety Radio System.
1.024 Radio Alias The unique name assigned to an operator's radio that displays on the
dispatchers console when a radio transmits.
1.025 System The Public Safety Radio System funded, purchased, installed, maintained and
owned by the County.
1.026 System Administrator An employee within the County's Electronic Services & Security
Division of the Department of Facilities Development & Operations with the title Radio System
Administrator 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 2: ADMINISTRATION OF THE COUNTY'S PUBLIC SAFETY RADIO
SYSTEM AND USAGE PROCEDURES
2.01 The Palm Beach County Electronic Services & Security Division's System Administrator
will be the Village's day to day contact and can be reached at 561- 233 -0837. The Electronic
Services & Security Division is staffed ii"om 8:00 a.m. to .5:00 p er" 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.
2.02 The System Maintenance and Administration Plan dated June 6, 2002, 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 Steering Committee (CRSSC), which is responsible for
overseeing and implementing the policies and procedures for the County's System.
Page 2 of 10
2.03 The Village 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 Village by the
System Administrator. The Village agrees to comply with any enforcement actions required by
these policies and procedures for misuse or abuse of the County's System.
SECTION 3: COUNTY EQUIPMENT & RESPONSIBILITIES
3.01 The County System consists of ten (10) 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.
3.02 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.
3.03 The County shall be responsible for the maintenance and operation of the County's
System, including all costs associated with permitting and licensing.
3.04 The County shall maintain the coverage within the County's geographic boundaries as
described in the County's contract with Motorola R98 -2006D 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 Village shall be notified of scheduled preventive maintenance, pursuant to the
policies and procedures referenced on Attachment I hereto.
3.05 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 4: VILLAGE EQUIPM ENT AND RESPONSIBILITIES
4.01 The Village's equipment will be 800 MHz mobile, portable, and control station
equipment programmed to be used on the County's System. The equipment used will be
compatible with Motorola 800 MHz SmartNet and/or SmactZone c systems. The
Village will be required to keep its equipment in proper operating condition and the Village is
responsible for maintenance of its radio equipment.
4.02 The Village will only program the Common Talk Groups and the individual unit ID
numbers assigned by the System Administrator as part of this Agreement. The Village will not
program into its radios the County operational talk groups without a letter of authorization or a
signed agreement from the County.
Page 3of10
4.03 The Village 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 Village or its service provider until requested and approved in writing by
the System Administrator.
4.04 The Village shall receive certain access codes to the County's System to enable the
Common Talk Groups to be programmed into their equipment. The access codes are to be
treated as confidential information and the Village is responsible to safeguard the code
information from release to unauthorized parties. All written and oral information not in the
public domain or not previously known, and all information and data obtained, developed, or
supplied by the County will be kept confidential by the Village 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 Village 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.
4.05 Access and programming codes will only be released to: 1) service staff employed by the
Village, 2) approved commercial service providers under contract with the Village, 3) County
departments (PBSO, Fire Rescue and/or the County's Electronic Services & Security Division,
or 4) another Federal agency, State agency and/or City /Town that has in -house service personnel
and an agreement with the County.
4.06 The County will approve all commercial service providers upon review of whether the
contract terms between the Village 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.
4.07 The Village will be responsible for ensuring that the commercial service provider adheres
to the terns of this Agreement pertaining to the proper use of access/programming codes and
radio use.
4.08 The Village is solely responsible for the performance and the operation of the Village
equipment and any damages or liability resulting from the use thereof. Should the County
identify malfunctioning Village owned equipment; the County will request that the Village
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 Village in writing
if the device is causing interference to the System.
4.09 In the case of lost or stolen equipment, the Village will notify the System Administrator
by e-mail or fax authorizing the System Administrator to disable the equipment. The
authorization shall provide the County issued individual unit ID number and the serial number of
the radio. The System Administrator will advise back via e-mail when the radio has been
disabled. A request by the Village to re- activate a disabled unit will also be required by e-mail
or fax to the System Administrator.
Page 4 of 10
• • 1
SECTION 5: SUBSCRIBER UNIT INFORMATION TO BE PROVIDED BY VILLAGE
5.01 The Village will be required to provide to the County an initial inventory of the radios
that are proposed to be programmed for use of the Common Talk Groups. The Village will
provide the following information to the County:
1. Radio manufacturer and model numbers.
2. Radio serial numbers.
3. Requested aliases to be programmed.
The System Administrator will then compile this information and transmit back to the Village a
matrix of the County -wide talk groups, aliases, and radio ID numbers prior to the Village's
radios being activated on the County's 800 MHz System. The Village 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.
SECTION 6: UTILIZATION AND MONITORING OF COMMON TALK GROUPS
6.01 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. 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 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
failures of their 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
Administrator. Once approved by the System Administrator, the Common Talk Groups can be
temporarily utilized until repair of the agency's communication system is complete.
6.02 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.
Page 5 of 10
6.03 Agencies requesting to utilize the Common Talk Groups by this Agreement have a
requirement to monitor the Calling Talk Group in their respective dispatch center to respond to
calls for assistance from field units. The dispatch centers which combine more than one
discipline in their dispatch center are required to monitor the disciplines which are dispatched.
Agencies which do not utilize their own dispatch center are not required to monitor the Calling
Talk Group.
SECTION 7: INDEMNIFICATION AND'LIABILITY
The County makes no representations about the design or capabilities of the County's System.
The Village 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's 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 Village, which is providing such service, and not with the other party to this Agreement.
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
the Village shall indemnify, defend and hold harmless the County against any actions, claims or
damages arising out of the Village's negligence in connection with this Agreement, and the
County shall indemnify, defend and hold harmless the Village against any actions, claims, or
damages arising out of the County'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.
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 Village waive all other remedies with respect to each other, including, but not
limited to, consequential and incidental damages. The County agrees to use its best reasonable
efforts to provide the Village with full use of the Common Talk Groups but makes no guarantee
as to the continual, uninterrupted use of the radio system, or its fitness for the
communication needs of the Village.
SECTION 8: OWNERSHIP OF ASSETS
All assets maintained under this Agreement will remain assets of the respective party.
Page 6 of 10
SECTION 9: TERM OF AGREEMENT
The initial term of this Agreement is for five (5) years and shall commence immediately upon
full execution of this Agreement. The Agreement may be renewed for three (3) additional terms
of five (5) years each. At least six (6) months prior to the expiration of this Agreement's term,
the Village 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 10: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment as agreed to by all
parties.
SECTION 11: TERMINATION
This Agreement may be terminated by either party, with or without cause upon ten (10) days
written notice to the other party. Upon request of termination by the Village, the System
Administrator will proceed to disable the Village's radios from the County's System. It will be
the responsibility of the Village to reprogram the Village's radios removing the County's System
information from the radios. The Village will complete reprogramming the Village's radios
within sixty (60) days of the date of termination. Cities with greater than one hundred (100)
radios will be given ninety (90) days to re- program its radios.
By the execution of this Agreement, the Interlocal Agreement (R2003 -0865) dated June 17,
2003, as amended by the First Amendment to Interlocal Agreement (R2007 -2182) dated
December 4, 2007, is hereby terminated.
SECTION 12: 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:
County Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411 -5603
Page 7 of 10
With a copy to:
Radio System Administrator
Palm Beach County Electronic Services dt 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 Village:
Village Manager
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Fire Rescue Chief
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
SECTION 13: APPLICABLE LAW
This agreement shall be governed by the laws of the State of Florida.
SECTION 14: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County.
SECTION 15: 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 Village 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 Village unless reduced to writing and signed by them.
Page 8 of 10
SECTION 16: 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 Village's officers.
SECTION 17: 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 2421 - 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 2421 - 2440, and
punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree
misdemeanor.
SECTION 18: NO THIRD PARTY BENEFICIARY
No provision of this Contract 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 Contract, including
but not limited to any citizen or employees of the County and/or Village.
(Remainder of the page intentionally left blank)
Page 9 of 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written.
ATTEST: x 2 0 13 1 1 6 3 n1 P 10 20
SHARON R. BOCK _= J •.. C r, PALM BEACH COUNTY, a
CLERK & COMP R ''� pol' ' •sion of S of Florida
By: . cn By.
Qeputy Cler FLo 4 g Steven L. Abrams, Mayor
4,,l,' 0 * - -.
R ••..._....••
APPROVED AS TO FdiM, APPROVED AS TO TERMS
LEGAL SUFFICIENCY: AND CONDITIONS:
County Attorney Audr y Wolf, Director
t' Facilities Development & Operations
ATTEST: VILLAGE OF TEQUESTA, a municipal
,,.•.• corporation of the State of Florida
• 9 •
B 6L�� � O -,By .
m`� CP
,cnA ORg '
�`•
4 .
APPROVED AS TO FORM ''�.0�FLOQ;�O °��
AND LEGAL SUFFICIENCY
By:
Village Attorney
Page 10 of 10
Attachment I
PALM BEACH COUNTY
PUBLIC SAFETY RADIO SYSTEM
POLICIES AND PROCEDURES
June 2002
Policy ! Procedure Title Last Revision Date
1. Countywide Use of 800 MHz System (O.P. # I-01) Oct. 1, 2001
2. Countywide Use of 800 MHz System Talk Groups (O.P. # I-04) Oct. 1, 2001
3. Monitoring and Evaluation of Public Safety Radio System Talk Oct. 1, 2001
Groups (O.P. # I -05)
4. Emergency Medical Communications (O.P. # I-06) Oct. 1, 2001
5. Reporting of Problems and Modifications of the Public Safety Oct. 1, 2001
Radio System (O.P. # I -07)
6. Countywide Use of Public Safety Radio System During Times of Oct. 1, 2001
Catastrophic Failure which result in non- trunking "conventional"
operation (O.P. # I -10)
7. System Maintenance and Administration Plan June 6, 2002