R2021-42 Interlocal Agreement for Public Safety Dispatch ServicesRESOLUTION 2021-42
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH
THE CITY OF PALM BEACH GARDENS FOR PUBLIC SAFETY DISPATCH
SERVICES AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2014-60 on September 11, 2014, the Village Council
approved the first Interlocal Agreement with the City of Palm Beach Gardens for public safety
communications dispatch services; and
WHEREAS, the current Interlocal Agreement expires on September 30, 2021, and Village Staff is
recommending approval of a new Interlocal Agreement for a five-year term through September 30,2026;
and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests
of the health, safety and welfare of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, as follows:
Section 1. The foregoing recitals are ratified and are incorporated herein.
Section 2. The Village Council hereby approves a new Interlocal Agreement with the City of Palm
Beach Gardens for Public Safety Dispatch Services, a copy of which is attached hereto and incorporated
herein, and authorizes the Mayor and Village Clerk to execute the Interlocal Agreement on behalf of the
Village. All costs associated with the Interlocal Agreement shall be paid from account No. A5711-
33491 (Police — Contractual Services).
Section 3. All resolutions in conflict with this Resolution are hereby repealed to the extent of such
conflict.
Section 4. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 27TH DAY OF MAY, 2021.
(Village Seal)
rk
4AYOR
INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH
BY AND BETWEEN THE CITY OF PALM BEACH GARDENS AND
THE VILLAGE OF NORTH PALM BEACH
THIS INTERLOCAL AGREEMENT FOR PUBLIC SAFETY DISPATCH
("Agreement") is made and entered into this 13n'- day of t!W6yS;r- ,
2021 (the date of Agreement full execution) by and between the CITY OF PALM BEACH
GARDENS ("PBG") and the VILLAGE OF NORTH PALM BEACH ("NPB"), 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 NPB desire for PBG to provide public safety
communications dispatch services for NPB's public safety services, and PBG is willing to
provide same from the PBG Emergency Operations Center ("EOC") Dispatch Center
("Northern Municipal Regional Communications Center' or "NorthCom") 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 NPB 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.
Interlocal Agreement for Public Safety Dispatch
PBG, NPB
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 NorthCom 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 NorthCom and 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 NorthCom fiscal year.
D. "Technical Advisory Committee" ("TAC") shall mean the committee having
the authority to monitor and recommend amendments to the NorthCom
Standard Operating Procedures and Response Protocols.
E. "Standard Operating Procedures and Response Protocols" ("SOP"} shall
policies and practices that shall guide the response to calls for service
mean the pollcl p g p
and the delivery of emergency dispatch services. NorthCom SOPs will be
developed by PBG with input from the TAC.
F. Original Contracting Municipality (OCM) shall mean each of the
municipalities of Palm Beach Gardens, Jupiter, and Juno Beach.
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5.
6.
Interlocal Agreement for Public Safety Dispatch
PBG, NPB
Term: The term of this Agreement shall be for a period of five (5) years commencing
on October 1, 2021, and terminating on September 30, 2026, unless sooner
terminated in accordance with this Agreement. Single contract years commence on
October 1St of each calendar year and end on September 30th of the following
calendar year.
Public Safety Communications and Dispatch Services:
A. PBG Provision of Service: PBG agrees to provide Dispatch Service for PBG
and NPB through its EOC Dispatch Center, operating and known as the
Northern Municipal Regional Communications Center ("NorthCom") for the
term set forth in paragraph 5, unless or until this Agreement is oth,erwise
terminated in accordance with the terms and conditions more particularly set
forth herein. Specifically, PBG shall provide twenty-four hours per day (24
hrs/day) seven days per week (7 days/week) staffing and dispatch services to
NPB 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 (MPSCC)
Agreement, computer access and searches, radio dispatch, and telephone
answering service, as that provided within PBG. NPB shall be responsible for
the purchase and maintenance of ail 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 NorthCom.
However, notwithstanding the foregoing, nothing contained herein will modify
the terms or conditions of the MPSCC for radio communications that shall
govern matters of radio communication pertaining to maintenance,
infrastructure, operations equipment, and subscriber units. Communications
consoles located in NorthCom are specifically exempt from the MPSCC.
B. Recognition of Error: NPB 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
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Interlocal Agreement for Public Safety Dispatch
PBG, NPB
call, each party agrees to use reasonable efforts to remedy the misrouting to
the extent reasonable at the time and under the then -existing circumstances.
C. Exclusive Command: All NorthCom 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 NPB shall not interfere with such
command.
D. Daily Operational Matters: NPB hereby acknowledges that NorthCom 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 NorthCom
Standard Operating Procedures and Response Protocols to the extent
practicable.
7. Administration:
A. Identification: The PBG EOC Dispatch Center, although operated by PBG,
shall be identified and publicly recognized as the "Northern Municipal Regional
Communications Center" or "NorthCom."
B. Oversight and Governance by Executive Governance Board (EGB): Each
Original Contracting Municipality (PBG, Jupiter, and Juno Beach, or "OCM")
shall each have one (1) member on the EGB. NPB shall also have ',one (1)
member on the EGB, who shall serve in an ex -officio capacity. The member
from each Contracting Municipality shall be its chief executive officer
(City/Town Manager) or his/her designee. Each member shall have one (1)
equally weighted vote regarding all matters within the EGB's purview, except
for ex -officio members, who may participate in the discussion but shall not vote.
oversee and monitor the performance of NorthCom and the
The EGB shall
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Interlocal Agreement for Public Safety Dispatch
PBG, NPB
provision of services provided for in this Agreement. The EGB shall meet at
least once per year but may meet as frequently as deemed necessary by a
majority of the board members. The EGB shall meet to receive and review
information and make recommendations regarding the annual budget for
NorthCom, the level of dispatch service provided by NorthCom, and whether to
allow additional municipalities to join NorthCom and this Agreement. A
unanimous vote of the membership of the EGB shall be required to establish
the EGB's recommendations.
C. Technical Advisory Committee (TAC): The OCMs shall each have one (1)
member on the TAC. NPB shall also have one (1) member on the TAC who
shall serve in an ex -officio capacity. The member from each Contracting
Municipality shall be its Chief of Police or his/her designee. The TAC will
provide technical recommendations for changes to the NorthCom Standard
Operating Procedures. The TAC shall meet at least once per year but may
meet as frequently as deemed necessary. Ex -officio members may participate
in any discussions or deliberations, but such participation and/or comments
shall not serve to ratify or reject any recommendations presented to the EGB.
D. 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
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 NPB with public safety communications and dispatch services
during the term of this Agreement, NPB hereby agrees to pay PBG as follows:
A. Payment shall be based upon an annual NorthCom budget prepared by PBG
and submitted to the EGB for its review and recommendations no later than
May 1St each year. The EGB shall return the approved preliminary NorthCom
budget to PBG no later than May 15th each year, unless an extension of time
is granted by the PBG City Manager. A copy of the EGB-approved final
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Interlocal Agreement for Public Safety Dispatch
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proposed budget document will be provided to each Contracting Municipality
no later than June 1St. 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 NorthCom budget and which shall be paid to PBG by
NPB 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 NorthCom ("cost share metric"). It is hereby acknowledged by NPB
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 (112) 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.
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 the NorthCom 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, pandemic, or other event or circumstance
not within the control of PBG.
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Interlocal Agreement for Public Safety Dispatch
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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, or be self-insured, in an amount not less than One
Million Five Hundred Thousand Dollars ($1,500,000.00) and shall provide its
employees with Workers' Compensation Insurance as required by law.
B. NPB shall carry and maintain continuously throughout the term of this
Agreement commercial general liability insurance, or be self-insured, in an
amount not less than One Million Five Hundred Thousand Dollars
($1,500,000.00).
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
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: NPB shall indemnify, defend, and hold harmless PBG against any
actions, claims, or damages arising out of NPB's negligence in connection with this
Agreement, to the extent permitted by law. PBG shall indemnify, defend, and hold
harmless NPB 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 indemnification shall not constitute a waiver of sovereign immunity for any
party beyond the limits set forth in Section 768.28, Florida Statutes (2020).
13. No Transfer of Powers: Nothing contained in this Agreement shall be construed
to constitute a transfer of powers in anyway whatsoever. This Agreement is solely
an Interlocal Agreement to provide services, including, without limitations, services
as authorized by Chapter 163, Florida Statutes. PBG and NPB shall each retain all
legislative authority with regard to the respective governing bodies. All of the
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Interlocal Agreement for Public Safety Dispatch
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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 effor(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
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 PBG or NPB without
the prior written consent of both governing bodies.
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 municipality 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 thep erformance 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 PBG or NPB 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.
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Interlocal Agreement for Public Safety Dispatch
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20. Termination:
A. This Agreement may be terminated, with or without cause, by either Party by
providing written notice to the other, no later than September 30th of any
contract year. Any such termination shall not be effective until September 30th
of the following contract year.
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 terminatilon in
accordance with Section 20, this Agreement shall be automatically renewed for one
(1) additional five- (5) year term.
22. Notice: All formal notices affecting the terms or provisions of this Agreement shall
be in writing and delivered in person or sent by overnight delivery service 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 North Palm Beach:
City Manager
Village Manager
10500 N. Military Trail
501 U.S. Highway One
Palm Beach Gardens, Florida 33410
North Palm Beach, Florida 33408
Attn: Contract Administrator/Chief of Police
Attn: Contract Administrator/Chief of
Police
23. Effective Date: This Agreement shall be effective on the later of October 111,2021,
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
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Interlocal Agreement for Public Safety Dispatch
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of Palm Beach County with the same formalities as this Agreement. Notwithstanding
the foregoing, the development and adoption of the annual NorthCom budget shall
not be considered an amendment to this Agreement.
(The remainder of this page intentionally left blank.)
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IN WITNESS WHEREFORE, each of the Parties has authorized and caused this
Agreement to be made, executed (signed by its Mayor/Manager and attested by its
City/Village Clerk) in triplicate (one original for each Contracting Municipality and one for
filing).
DATE: S -It -XGA -1
DATE: ,S- a7- ao a. I
CITY OF PALM BEACH GARDENS VILLAGE OF NORTH PALM BEACH
ATTEST:
Patricia Snider, CMC, City Clerk
(Seal)
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ATTEST:
Jeev a Green, •gage Clerk
C, al)FLORIDA
APPROVD AS TO FORM AND
LEGAL SUFFICIENCY
G. Rubin, Village Attorney