2009-59 Interlocal Agreement for Radio Maintenance• RESOLUTION 2009-59
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL
AGREEMENT WITH PALM BEACH COUNTY RELATING TO THE
MAINTENANCE AND REPAIR OF VILLAGE RADIO EQUIPMENT AND
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
SAME; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Village Administration is recommending the execution of an Interlocal Agreement
with Palm Beach County for the repair and maintenance for the Village's 800 MHz radio
equipment, with payments for such repair and maintenance coming from the Village's $12.50
traffic fine revenues to the extent such funds are available; and
WHEREAS, the Village Council determines that the execution of the Interlocal Agreement is in
the best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and are incorporated herein.
Section 2. The Village Council hereby approves the Interlocal Agreement with Palm Beach
County relating to the maintenance and repair of the Village's 800 MHz radio equipment, a copy
of which is attached hereto as Exhibit "A" and incorporated herein by reference, and authorizes
the Mayor and Village Clerk to execute the Agreement on behalf of the Village.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 8th DAY OF OC']
(Village Seal)
ATT~F,ST:
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VILLAGE CLERK ~
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT is made and entered into ~ ®y ~ ~ ~~09 , by and
between PALM BEACH COUNTY, a political subdivision of the State of Florida ("County") and
VILLAGE OF NORTH PALM BEACH, 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 and the Village have determined it to be beneficial to both parties for
the Village to purchase radio repair services from the County; and
WHEREAS, the County and the Village have the ability to lawfully enter into this agreement;
NOW THEREFORE, in conjunction of the mutual covenants, promises and representations
contained herein, the parties hereto agree as follows:
SECTION 1: PURPOSE
The purpose of this Agreement is to provide the terms and conditions by which the County will
provide comprehensive Radio Repair Services to the Village and the schedule and method of payment to
the County for such services. Radio repair services generally include; 1) warranty and maintenance and
corrective maintenance services on radio equipment, and 2) programming of radio communication
equipment, and 3) installation of radio equipment to vehicles owned and operated by the Village.
SECTION 2: RADIO MANAGEMENT FACILITY
The County operates a radio maintenance & repair facility. The facility is located at 2601 Vista
Parkway, West Palm Beach, Fl. 33411. The facility is staffed and operated 8:OOam to S:OOpm for all
repairs and administrative support, Monday through Friday, excluding County holidays. Upon execution
of this Agreement, the County will provide the Village with emergency numbers whereby County
personnel can respond to emergencies.
SECTION 3: WARRANTY AND CORRECTNE REPAIRS
3.01 Corrective repairs will be billed according to the fee schedule identified in Attachment 1
to this Agreement.
3.02 Commercial repairs will be billed according to Attachment 1. Any commercial repair to
be completed by a vendor outside of the Pahn Beach County area and other than the original equipment
manufacturer will require the authorization of the Village prior to commencement of the work.
3.03 The Village is to provide the County with a list of person/positions which are authorized
to request emergency services. No emergency work will be undertaken by the County unless approved
by a personlposition contained on the list. Fees for emergency repair services are identified in
Attachment 1.
North Palm Beach Maintenance Agreement Page 1 of 5
Last Update: 092309 0738
3.04 The Village may request services be expedited by requesting that certain work be
performed on an overtime basis. Such work can be requested only by authorized Village positions
pursuant to Section 3.03 and will be performed according to the fee schedule for emergency services.
SECTION 4: BILLING SCHEDULE
4.01 The County will prepare and transmit a quarterly invoice to the Village itemizing the
costs. The Village will immediately review the invoice and report any discrepancies to the County
within 10 days of receipt. Payment will be due to the County within 20 days of receipt of the invoice.
Payments shall be sent to:
Board of County Commissioners
Special Receivables Section -Finance
P.O. Box 3977
West Palm Beach, FL 33402-3977
4.02 The Village may utilize it's $12.50 account to pay for County services as long as its
Radio Interoperabiliry Agreement is in force and there are sufficient funds in the account. In order to use
$12.50 funds to pay the invoice charges, either in part or in full, pursuant to this Agreement, the Village
will need make payment by returning a fully executed "Use of $12.50 Authorization Form" to the
following address. If a partial payment is made via the use of $12.50 funds, both the authorization form
and the check shall be sent to the address below.
Board of County Commissioners
FDO Fiscal Section
2633 Vista Parkway
.West Pahn Beach, FL. 33411
SECTION 5: ANNUAL RATEBUDGET INFORMATION TO BE PROVIDED BY
COUNTY
5.01 The County will update Attachment land transmit same to the Village prior to June 1St of
each year for the fiscal year beginning the next October. Such updates are in the County's sole
discretion but the County agrees that the Village's fee schedules shall not exceed the fee schedule
applied to County departments. These revised Attachments will not only identify the fee schedule for the
upcoming year, but also provide budget documentation based on historic usage and the age of the
equipment. The updated Attachment will become a part of this Agreement on October 1St each year.
5.02 The County will provide the Village with quarterly detailed summaries of all
maintenance charges during the months that maintenance was performed. At any time, the Village may
request information which it may require to assist in making fiscal or management decisions.
SECTION 6: ASSET INFORMATION TO BE PROVIDED BY VILLAGE
The Village will provide the County with the information necessary to code all radio and/or
communication equipment into the County's automated management system.
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SECTION 7: COUNTY IlVIPLEMENTED QUALIFICATIONS, TRAINING AND
SAFETY PROGRAMS
The County represents that all repairs will be performed by technicians holding certifications
commonly available in the industry. If additional certification and/or training is required to repair new
radio equipment models, the County will provide the technicians with the necessary training at no
additional cost to the Village.
SECTION 8: LIABILITY
The Village shall indemnify, defend and-save the County harmless from and against any and all
claims, actions, damages, liability and expense in connection with: (i) loss of life, personal injury and/or
damage to or destruction of property arising from or out of any use or lack thereof, of the radio
equipment maintained by County; (ii) use by Village, or (iii) any act or omission of Village, its agents,
contractors, employees or invitees to the extent permitted by Florida law and subject to the limitations of
Section 768.28 F.S. In case the County shall be made a party to any litigation commenced against the
Village or by the Village against a third party, then the Village shall protect and hold harmless and pay
all costs and attorney's fees incurred by the County in connection with such litigation, and any appeals
thereof.
SECTION 9: TERM OF AGREEMENT
The initial term of this Agreement is three (3) years or until the expiration of the Village's direct
access, talk group or hub agreement; whichever comes first. This Agreement may be renewed for one
(1) three (3) year term thereafter. At least eight months prior to the expiration of this Agreement's term,
the Village shall provide the County with a request to renew this Agreement. If agreed upon by the
parties, within two months of the receipt of the request, the County shall process an Amendment to this
Agreement which shall be executed by both the Village and the County.
SECTION 10: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time via written amendment executed by both the
County and the Village. Annual updates to the Attachments will not require Board of County
Commissioners or Village Council approval, but will be incorporated annually on October lst upon
signature of the Village Manager and the Director of Facilities Development & Operations.
SECTION 11: TERMINATION
This Agreement can be terminated by either party, with or without cause. Any termination shall
be with a minimum of three months notice.
SECTION 12: ANNUAL BUDGET APPROPRIATIONS
Pursuant to State law, this Agreement is subject to the annual budget appropriations of the
Village and the County.
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SECTION 13: NOTICES
Any notice given pursuant to the terms of this Agreement shall be in writing and done 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:
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411
With a copy to:
800 MHz System Administrator
2601 Vista Parkway
West Palm Beach, FL 33411
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
As to the Village:
Village Director of Public Safety
Village of North Palm Beach
501 N. Highway # 1
North Palm Beach, Fl. 33408
Village Manager, Village of North Pahn Beach
501 N. Highway #1
North Palm Beach, FL 33408
SECTION 14: APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Florida.
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: DELEGATION OF FILING
Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or
Statutory duties of County or Village..
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year
first above written.
'',~~J ~~ ° ~ ~ ~ ~~ ~OV 1 7 2009
PALM BEACH COUNTY, FLORIDA
ATTEST: BY ITS BOARD OF COUNTY COMMISSIONERS
SHARON R. BOCK,
CLERK & COMPTR
By:
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VED AS TO FOR~ao~aoepoo~ ~"®vee0 °a~ a APPROVED AS TO TERMS
GAL SUFFICIE Y AND CONDITIONS
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County Attor ey Dir., F ilities Development & Operations
ATTEST:
VILLAGE CLERK
By: d ~~~~~~'~
Village Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Village Attorney
North Palm Beach Maintenance Ageement
Last Update: 092309 0738
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PALM BEACH COUNTY
ELECTRONIC SERVICES & SECURITY
RADIO REPAIR MAINTENANCE AGREEMENT
ATTACHMENT 1
Business Hours Contact Phone # 561-233-0830
After Hours Contact Phone # 561-712-6428
Normal Shop Labor Rate: $65.00 per hour, per person.
Over Time Shop Labor Rate: $97.50 per hour, per person.
Contracted Labor Rate: $135.00 per hour, per person.
Overtime Contracted Labor Rate: $202.50 per hour, per person.
Initial Console Maintenance Costs (11/1/2009 to 9/30/2010) $10,593.00
Future Console Maintenance Costs will be provided under a separate cover.
Procured Parts and/or Related Components: At County Procurement Cost + 5% Admin Fee