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2005-083 Interlocal Agreement PBC PBG NPB Mutual Aid ServicesRESOLUTION 83-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR MUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES BY AND BETWEEN PALM BEACH COUNTY, THE VILLAGE OF NORTH PALM BEACH AND THE CITY OF PALM BEACH GARDENS; AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO EXECUTE SAID AGREEMENT ON BEHALF OF THE VILLAGE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach, Palm Beach Gardens and Palm Beach County maintain aFire-Rescue Department with fire rescue equipment, firefighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and WHEREAS, the Village Council has deemed it to be mutually advantageous to enter into an agreement providing for mutual assistance/automatic aid and dispatch services in times of emergency where the need created may be too great for either party to deal with unassisted, or where a closest unit response is agreeable and in the best interest of the citizens and residents of the Village of North Palm Beach; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and there by provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Village desires to participate in such mutual assistance, automatic aid, and dispatch services with the County and City; and WHEREAS, the County and City are desirous of providing reciprocal services to the Village operation; and WHEREAS, the Interlocal agreement has been prepared and is attached hereto; and WHEREAS, the Village Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the Village of North Palm Beach. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: SECTION 1. The Village Council of North Palm Beach, Florida hereby approves the Emergency Services Agreement for Mutual Assistance, Automatic Aid and Dispatch Services between Palm Beach County, the Village of North Palm Beach, and the City of Palm Beach Gardens, and hereby authorizes the Mayor and Village Clerk to execute the Agreement on behalf of the Village of North Palm Beach. SECTION 2. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 22nd day of SEPTEMBER, 2005. (Village Seal) MAY R i ATTEST: VILLAGE CLERK K~005 ~lgg EMERGENCY SERVICES AGREEMENT FOR 1IUTUAL ASSISTANCE, AUTOMATIC AID, AND DISPATCH SERVICES BETWEEN PALM BEACH COUNTY, THE CITY OF PALM BEACH GARDENS AND THE VILLAGE OF NORTH PALM BEACH THIS AGREEMENT is made and entered into this day of NOV 01 ~ 200, by and between PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter the "County"), by and through its Board of County Commissioners, the CITY OF PALM BEACH GARDEN'S, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the '`Cite") and the VILLAGE OF NORTH PALM BEACH, a Florida municipal corporation located in Palm Beach County, Florida (hereinafter the Village). WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their power by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities. ~~'HEREAS, each of the parties to this Agreement presently maintains afire-rescue department with fire rescue equipment, fire fighting personnel, emergency medical equipment, emergency medical personnel, and other emergency capabilities; and ~~'HEREAS, it is deemed mutually advantageous to enter into this Agreement providing for mutual assistance/automatic aid in times of emergency where the need created may he too great for either party to deal with unassisted or where a closest unit response is agreeable and in the public interest; and WHEREAS, The County has approved funding from countywide ad valorem tax revenues for countywide common fire-rescue dispatch services (hereinafter "Countywide Cotrtrnon Dispatch" or "Common Dispatch") to be offered and provided by Palm Beach County Fire-Rescue to any fire- rescueproviders in Palm Beach County that desire said services from the County, including the City and the Village; and WHEREAS, the Count}nvide Common Dispatch program will provide a real and substantial benefit to the residents and property throughout Palm Beach County, including the residents and property within the City and the V illage. This real and substantial benefit includes, but is not limited to, the ability to implement a closest unit response system; a more efficient deployment of mutual aid resources; enhanced emergency and disaster coordination between service providers; a more consistent recording and tracking of response time elements; and the ability to avoid confusion in dispatching calls received from mixed service areas with complex jurisdictional boundaries; and V1'HEREAS, the City and the Village desire to enter into this Agreement as a means to further enhance the fire-rescue services that they currently provide within their respective jurisdictions. 1 NOW, T>f~IER~:FQI2E, in consideration of the terms and conditions set forth herein and the benefits following from each to the other, the County, the City, and the Village hereby agree as follows: ARTICLE I: MUTUAL ASSISTANCE ANll AUTOMATIC AID Section 1. Request for Aid/Assistance: The parties agree to provide assistance to each other for Fire Suppression, Emergency Medical Services, and Technical Rescue, within the terms and conditions set forth by this Agreement, and to formulate automatic aid plans and procedures under Section 2 of this Article. The assistance/automatic aid provided for by this Agreement shall extend to areas served by the parties through service agreements. Emergency mutual assistance/automatic aid will be given when properly requested unless the party from whom assistance is requested determines in accordance with Section 4 of this Article that it is unable to respond. The party requesting aid and/or assistance shall provide the following information at the time the request is made: a. The type and quantity of equipment and/or personnel needed; and b. The name and rank of the person making the request. c. Party or parties from whom assistance is requested. All requests shall be directed through the County's emergency communications center. The following officials of the participating parties are authorized to request aid and assistance under this Agreement: the respective Fire Chiefs, Assistant or Deputy Fire Chiefs, or Incident Commanders. Section 2. Command Authority: In the event of an emergency which requires additional assistance, the Fire Chief of the jurisdiction in which the incident is located, or in his absence, the Assistant or Deputy Fire Chief or the Incident Commander, will direct the activities at the scene where the emergency exists, but personnel responding to the call will remain under the command of their own officers at al] times. Each party shall retain control over its personnel and the rendition of services, standards of performance, discipline of officers and employees, and other matters incidental to the performance of services. Each party authorizes its Fire Chief or his designee to meet with the other parties' Fire Chiefs or their designees and develop automatic aid/closest unit response plans and procedures, including but not limited to details regarding areas to be serviced and type and/or level of response, when the Fire Chiefs have determined that improved response times or other forms of efficiency within their respectivejurisdictionsand/or service areas maybe achieved. Such automatic aidlclosest unit response: plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend said Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any, of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. Section 3. Rernuneration: All costs associated with providing mutual assistance/automatic aid services under this Agreement shall be the responsibility of the agency rendering aid/assistance. The parties further agree that the agency rendering aid/assistance may request reimbursement for any expenditure of goods or services directly from the persons, parties, or company involved in, causing, or responsible for, the incident at the sole discretion of the agency rendering aid or assistance. "The agency rendering aid/assistance for emergency medical services that requires transport service may request reimbursement for the transport service from the patient. The agency rendering service will handle insurance claims and collection in accordance with their policies and procedures and shall be in accordance with the latest Federal Medicare guidelines, if applicable. If the rendering agency invoices the responsible party for the incident for reimbursement of the goods and services provided, a copy of such invoice shall he forwarded to the requesting agency as a matter of courtesy, provided however that the parties will not be required to provide copies of transport fee invoices to the other party and shall not otherwise use or disclose Protected Health Information ("PHI") or Electronic Protected Flealth Information ("e-PHI") except as permitted by the Health Insurance Portability and Accountability Act ("H[PAA"), the regulations promulgated thereunder, and any other applicable laws and regulations, all as maybe amended from time to time. Section 4. Ability to Respond: Each party may refuse to respond to a request for aid/assistance in the event it does not have the required equipment or manpower available or if, in its sole judgment, compliance with the request would jeopardize the protection of its own jurisdiction or personnel. Notwithstanding anything herein that may be construed to the contrary, the parties understand and agree that it is not the intention of the parties to subsidize the nom~al day-to-day operations or shortages in staffing or equipment of any of the other parties and that the mutual assistance/automatic aid provided hereunder is intended to be mutual in nature between the three parties. ARTICLE II: COMMON DISPATCH Section I. Common Dispatch: The City and the Village shall be included within the Countywide Common Dispatch program implemented by the County. The County (through its Fire- Rescue Department) will provide the necessary equipment and services to implement and provide Common Dispatch and related communication services for the City and the Village as detailed herein. Fach party hereby authorizes its Fire Chief or his designee to meet with the other parties' Fire Chiefsor their designees to develop Common Dispatch plans and procedures, including but not limited to a list of necessary equipment, atime-lint for Common Dispatch implementation, geographical response boundaries and other operational details. These plans and procedures shall be set forth in a Letter(s) of Understanding between the Fire Chiefs, and the Fire Chiefs are hereby authorized to enter into and amend such Letter(s) of Understanding on behalf of their respective parties, consistent with this Agreement and policies and procedures, if any of the respective parties. The Fire Chiefs are also authorized to promulgate necessary administrative regulations and orders to implement and administer these plans and procedures. The Letter(s) of Understanding shall specifically identify the City's and the Village's level of participation in the Countywide Common 3 Dispatch program, the equipment that will be provided by the County to the City and the Village for their use in implementing the dispatch services provided by County hereunder (hereinafter the "Equipment"), and atime-line for Common Dispatch implementation. The County shall maintain ownership of all said Equipment. Section 2: City and Village Responsibilities: The City and the Village each agrees: a) To maintain a Common Dispatch Letter of Understanding between the parties' Fire Chiefs as discussed above. b) To adopt dispatch protocols mutually agreed upon in the Letter of Understanding referenced in Article II, Section 1. c) To review response protocols every twelve (12) months. d) 'lo transfer to County all 911 calls received by the City's and Village's respective Public Service Answering Points (PSAPsj as soon as the need for fire-rescue services is identified. e) To use the Equipment provided by the County to implement the dispatch services provided by the County hereunder. f) To notify the County in writing if any Equipment is lost, stolen or destroyed beyond repair. g) To reimburse the County for any Equipment that is lost, stolen or destroyed beyond repair. h) To notify the County and provide the County access to all Equipment requiring maintenance and/or repair. i) To promptly return all Equipment provided by County upon expiration or earlier termination of this Agreement. j) To certify the accuracy of respective City or Village street addressing included in County database and on a continuing basis promptly notify the County of any necessary changes/updates to the street addressing database. k) To assist the County in the annual fixed asset inventory identification process. Section 3: County Responsibilities: The County agrees: a) To receive and dispatch in a timely manner all emergency calls for fire-rescue services received from the City's and the Village's PSAPs. b) To document unit times (e.g. response time, arrival at scene) in accordance with the standards adopted and established by the CountyvL~ide Level of Service Committee. c) To provide communication support for all emergency fire-rescue incidents. d) "fo provide for the City's and Village's use the Equipment necessary to implement Common Dispatch services to the respective municipalities. e) To provide maintenance and repair to communications related Equipment provided to the City and the Village by the County. f) To replace any Equipment that is lost, stolen or destroyed beyond repair. g) "I~he commencement date for each of the Counry's responsibilities, as set forth in paragraphs a-f of this Section, shall be identified in the time-line set forth in the Letter of Understanding 4 between the Fire Chiefs. ARTICLE III: GENERAL CONTRACT TERi~[S Section 1. Preambles: The facts set forth in the preambles to this Agreement are true and correct and are hereby reaffirmed by the parties. Section 2. Representative and Contract Monitor: The County representative and contract monitor during the performance of this Agreement shall be the Deputy Chief of Operations, whose telephone number is (561) 616-7008. The City representative and contract monitor during the perfornance of this Agreement shall be the Fire Chief, whose telephone number is (861) 799-4362. The Village representative and contract monitor during the performance of this Agreement shall be the Director of Public Safety, whose telephone number is (561) 882-1 143. Section 3. Employee Functions: No employee of any party to this Agreement shall perform any function or service that is not within the employee's scope of duties as defined or determined by the employee's employer. Section 4. Employee Claims, Benefits, etc.: No employee, officer, or agent of any party shall, in connection with this Agreement or the performance of services and functions hereunder, have a right to or claim any pension, workers' compensation, unemployment compensation, civil service, or other employee rights, privileges, or benefits granted by operation of law or otherwise except through and against the entity by whom they are employed. No employee of any party shall be deemed the employee of the other, for any purpose, during the performance of services hereunder. Section 5. No Assumption of Liability: ivo party to this Agreement nor their respective officers or employees shall be deemed to have assumed any liability for the negligent or wrongful acts or omissions of any other party. Further, nothing herein shall be construed as a waiver of any party's sovereign immunity. Section 6. Liability for Injury: All the privileges and immunities from liability, exemptions from law, ordinance and Hiles, and all pensions and relief, disability, workers' compensation and other benefits which apply to the activity of the officers or employees of any party when perforn~ing their respective functions, within the territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties extraterritorially. Liability for injury to personnel, and for loss or damage of equipment, shall be borne by the party employing such personnel, and owning or possessing such equipment. Section 7. Indemnification: Each party shall be liable for its own actions and negligence and, to the extent permitted by law, each party shall indemnify, defend and hold harmless any other party and/or parties against any actions, claims or damages arising out of the indemnifying party'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, Section 768.28, nor shall the same be construed to constitute agreement by any party to indemnify any other party for such other party's negligent, willful or intentional acts or omissions. 5 Section 8. Effective Date and Term: This Agreement shall take effect upon approval by all parties and continue for a term often years, unless sooner tern~inated as provided herein. Section 9. Notice of Termination: The City and the Village may each, upon ninety OU) days prior written notice to both other parties, terminate its participation in this Agreement for any reason or for no reason at all. If both the City and the Village tetYninate their participation in this Agreement, then this Agreement shall be deemed terminated at such time when both the City's and the Village's termination of participation becomes effective under this Section. Likewise, the County may, upon ninety (90) days prior written notice to both parties, terminate this Agreement, or either the City's or the Village's participation in this Agreement, for any reason or for no reason at all. If only the participation of either the City or the Village is terminated hereunder, then this Agreement shall continue in effect between the County and the other remaining party. Section 10. Capital Improvement Plans: All pasties to this Agreement, on an annual basis, shall exchange Capital Improvement Plans indicating projected location(s) and anticipated time frames for construction of future fire stations within their respective jurisdictions and/or service areas. It is understood that these plans may be modified subsequent to submission and said plans are subject to subsequent funding allocations and approvals. Section 11. Assignment of Rights: No party shall assign, transfer or convey, in whole or in part, its rights, duties, or obligations without the prior written consent of both other parties. Section 12. I<lodification and Amendment: No modification, amendment, or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 13. Entirety of Agreement: Other than that discussed in ARTICLE II Section 1, this Agreement represents the entire understanding of the parties and supersedes all other negotiations, representations, or agreements, written or oral, relating to this Agreement. Section 14. Equal Opportunity: Each party represents and warrants that it will not discriminate in the performance of services hereunder and that its employees and members of the general public benefiting from services hereunder will be treated equally and without regard to race, sex, sexual orientation, color, religion, disability, age, marital status, national origin or ancestry. Section 15. Annual Appropriations: Lach party's performance and obligation under this Agreement is contingent upon an annual budgetary appropriation by its respective governing body for the purposes hereunder. Section 16. Remedies: "Chic Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. E Section 17. Records: Each party shall maintain all records pertaining to the services delivered under this Agreement for a period of at least three (3) years. Each party shall maintain records associated with this Agreement, including, but not limited to, all accounts, financial and technical records, research or reports, in accordance with Florida law. Section 18. Joint Preparation: The preparation of this Agreement has been ajoint effort of the parties, and the resulting document shall not, solely or as a matter ofjudicial constraint, be construed more severely against one of the parties than the other. Section 19. Notice of Suits: Each party agrees to notify both other parties of any claim, or the initiation of any legal proceeding against it, which relates in any manner to the services provided by either of the other parties. Each party will cooperate with the other parties in the defense of any suit or action arising out of, or related to, the sere°ices rendered under this Agreement. Section 20. Notices: All written notices required under this Agreement shall be sent by certified mail, return receipt requested, and if sent to the County shall be mailed to: Palm Beach County Fire Rescue Fire Rescue Administrator 50 S. Military Trail, Suite 101 West Palm Beach, FL 33415 If sent to the City shall be mailed to: Palm Beach Gardens Fire-Rescue Services Department Fire Chief 10500 North Military Trail Palm Beach Gardens, FL 33410-4698 If sent to the Village shall be mailed to: North Palm Beach Department of Public Safety Director 560 U.S. Highway 1 North Palm Beach, FL 33408 Each party may change its address upon notice to the other parties. Section 21. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. Section 22. Filing: A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County. Section 23. Enforcement Costs: Any costs or expenses (including reasonable ariomey's fees) associated with the enforcement of the teens and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement. Section 24: llelegation of Dut~~: Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county or municipal officers. Section 25. HI PAA Compliance: All parties acknowledge and agree that their respective fire-rescue departments are covered entities under the Health Insurance Portability and Accountability Act (`'HIPAA") and therefore are bound by the provisions of HIPAA and the ~„ regulations promulgated thereunder (including the privacy and security rules), all as may be amended from time to time. Should any provision of this Agreement be determined to be inconsistenC with :he requirements of H[PAA and/or the regulations promulgated thereunder, then the parties shall promptly amend such provision as necessary to comply with HIPAA and its regulations. Section 26. Severability: 1n the event that any section, paragraph, sentence, clause, or provision hereof is held invalid by a court of competentjurisdiction,such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 27. Survivability: Any provision of this Agreement that is of a continuing nature, or which by its language or nature imposes an obligation or right that extends beyond the term of this Agreement, shall survive the expiration or earlier tem~ination of this Agreement. Section 28. "Termination of Existing Agreements: The Emergency Services Agreement for Mutual Assistance and Automatic Aid between the County and City effective October 1, 2002 (Contract No. it2002-1586) is hereby terminated as of the effective date of this Agreement. The Interlocal Agreement for Dispatch Services between the County and City effective October 1, 1998 (Contract No. 898-1482D, as amended by Contracts No. 82000-1520 and 82001- 1519) is hereby terminated as of the effective date of this Agreement. The Communication Agreement between the County and Village effective March 30, 2004 (Contract No. ?004-0573) is hereby terminated as of date that Dispatch Services to Village are fully implemented per the time- line set out in the Letter(s) of Understanding between the Fire Chiefs. Section 29: Conflict Resolution: Any dispute or conflict between the parties that arises from the provision of services under this Agreement shall be presented in writing to the respective Contract Monitors. The Contract Monitors shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict. Section 30: None of the provisions of this Agreement shall be construed to create any third- party beneficiary or to otherwise give any enforceable rights or benefits to any one other than the parties to this Agreement. ~REMINDF,R OF PAGE INTENTIONALLY LEFT BLANK 8 IN WITNESS WHEREOF, the undersigned parties have caused these presents to be signed by their duly authorized officers on the day and year first written above. R2~~5 2~a8N0Y01aDE~ PALM BEACH COUNTY, FLORIDA, ATTEST: BY ITS BOARD OF COUNTY SHARON R.BOCK, Cl~{~Cyvr~t~oller COMMISSIONF,RS 0 .. ,,•p~~,, v.~•'' B ~?~ ~~~ Bv: e cy' .cn s eputy Clerki,o'' FlOR10A ~' T Mas otti, Chairman '~~ 6'. ~~ d•' `~~ APPROVED AS TO ~~$M•AND'c,'a~ APPROVED AS TO TERMS AND LEGAL SUFFICIENCY'"`~~~~~'.~,,..~~~"'~~ CONDITIONS BT. ~~~ ~ G!'~tiVY~ By: ~'E~~. Assistant County Attorney Fire-Rescue .ATTEST: By: Patricia Snider, CMC, City Clerk CITY OF PALM BEACH GARDENS, FLORIDA, BY ITS CITY COUNCIL B y: APPROVED AS TO FORM AND LEGAL SUFFICIENCY ristine P. Tatwn, City Attorney A"I'.'EST: VILLAGE OF NORTH PALM BF..ACH, FLORIDA, BY ITS VILLAGE COUNCIL ;~•. By y ~~ By' Vi lage Clerk Mayor ~L%2~ APPROVED AS TO FORM AND LEGA~SUFFICIENCY By: ~~ ~ Villa Attorney 13~'E3G-,'~1uaial Aid ~ Dispatch Agreement~2005 OS 23 Final.doc 9