R05-128
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RESOLUTION R05- I ~8
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND PALM BEACH COUNTY
WHERE THE CITY CAN DIRECTLY ACCESS THE
COUNTY'S DIALOGIC GEOGRAPHIC-BASED ALERT
AND NOTIFICATION SYSTEM; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, this agreement will provide for a geographic-based callout to alert
citizens and visitors of imminent threat to life or property, an instruction to take immediate
protective action or notification of important or useful information.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2.
The City Commission does hereby authorize and direct the Mayor and
24 City Clerk to execute an Agreement between Palm Beach County and the City of Boynton
25 Beach, where the City can directly access the County's Dialogic Geographic-based Alert and
26 Notification System, which Agreement is attached hereto as Exhibit "A."
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Section 3
That this Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Interlocals\ILA - PBC Dialogic Alert System.doc
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II
PASSED AND ADOPTED this ~ day of August, 2005.
CITY OF BOYNTON BEACH, FLORIDA
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INTERLOCAL AGREEMENT
. .OCT182fm
THIS INTERLOCAL AGREEMENT, made and entered into thIS day
of2005, by and between PALM BEACH COUNTY, a political subdivision of the State of
Florida ("County") and Boynton Beach, Florida, a municipal corporation ("Municipality"),
each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes.
WITNESSETH:
WHEREAS Section 163.01 ofthe Florida Statutes, known as the Florida Interlocal
Cooperation Act of 1969, authorized local governmental units to make the most efficient
use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage and thereby to provide services and facilities in a manner and pursuant to forms
of governmental organization that will accord best with geographic, economic, population
and other factors influencing the needs and development oflocal communities, and
WHEREAS the County and the Municipality are continually identifying more
effective service delivery methods which result in overall savings to the taxpayers of the
County and the Municipality; and
WHEREAS the County has committed to purchase, install and operate a Dialogic
Geographic-based Alert and Notification System ("GeoCast Web") that meets the needs of
Palm Beach County Emergency Management and various Palm Beach County general
government agencies; and
WHEREAS the County and the Municipality have determined that the ability to
provide consistent, timely geographic-based alerts and notifications to residents and visitors
is critical to the effective and efficient provision of public safety and general government
services; and
WHEREAS it has been determined mutually beneficial to all Parties to execute this
Agreement which sets forth the parameters under which the Municipality can directly
access the County's Geographic-based Alert and Notification System, saving the taxpayers
of both the County and the Municipality, as well as receiving the public safety benefit of
consistent and timely geographic-based alerts and notifications; and
WHEREAS Section 163.01, Florida Statutes, permits public agencies to enter into
interlocal agreements with each other 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
1.01 The purpose of this Agreement is to set forth the parameters under which the County
will make access to its Dialogic Geographic-based Alert and Notification System
("System") available to the Municipality. This Agreement identifies the conditions
of use, the cost of access and on-going use, and the ability of the Municipality to
participate in the operational decisions relating to the GeoCast Web System.
1.02 Definitions
1.02] Dialogic Alert: A Geographic-based callout to alert citizens and visitors of
an imminent threat to life or property, or an instruction to take immediate
protective action. An example of a Dialogic Alert would be an evacuation
order.
] .022 Dialogic Notification: A Geographic-based callout to notify citizens and
visitors of important or useful information. An example of a Dialogic
Notification would be a call notifying a citizen of a license expiration.
] .023 System: The Dialogic Geographic-based Alert and Notification System
funded, purchased, installed, maintained, and owned by the County. The
system includes a computer server, the GeoCast web software, an ArcIMS
license, the Dialogic Communicator 9.2 server, 58 telephone lines, and
geocoded maps.
] .024 Dialogic System Administrator: An employee with the Emergency
Management Division of the County's Department of Public Safety
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.
1.025 Agreement: This Interlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms
hereof.
SECTION 2: ADMINISTRATION OF THE COUNTY'S SYSTEM AND USE
PROCEDURES
2.0] The Palm Beach County Division of Emergency Management is charged with
responsibility for administering the System. Within the Emergency Management
Division a position entitled "911 Specialist/Dialogic System Administrator" will be
the Municipality's day to day contact and can be reached at 561-712-6485. The
Division of Emergency Management is staffed from 8:00am to 5:00pm, Monday
through Friday, excluding County holidays. After hours emergency contact will be
made through the Emergency Management Division's County Warning Point at
56] -7] 2-6428 and the County Warning Point will notify the on-call Emergency
Management Division personnel.
2.02 The Municipality shall follow all polices, procedures, and standard operating
procedures in place at the time of this Agreement, as well as those developed in the
future and issued to the Municipality by the System Administrator. The
Municipality agrees to comply with any enforcement actions required by these
policies and procedures for mis-use or abuse of the County System.
SECTION 3: DIALOGIC GEOGRAPHIC-BASED ALERT AND NOTIFICATION
SYSTEM MAINTENANCE PROGRAM
3.01 The Dialogic Geographic-based Alert and Notification System consists of a
computer server, the GeoCast web software, an ArcIMS license, the Dialogic
Communicator 9.2 server, 58 telephone lines, and geocoded maps.
3.02 The County will perform routine and preventative maintenance on the System
according to its established procedures. This maintenance includes trouble shooting
and making all repairs on a 24/7/365 basis as well as performing preventative
maintenance on the entire System including, but not limited to, server equipment,
GIS maps, and databases associated with the System, but not including
Municipality's equipment.
SECTION 4: MUNICIPALITY RESPONSIBILITIES AND EQUIPMENT
4.0] The Municipality's equipment will be a computer or computers connected to the
Internet, each equipped with a web browser compatible with ArcIMS. The
Municipality shall be required to keep its equipment in proper operating condition
and ensure a functioning Internet connection to access the System. The
Municipality shall be solely responsible for maintenance of its computers, web
browsers, and Internet-connectivity.
4.02 Within] 5 days of the execution of this Agreement, the Municipality shall provide
the County with a single Municipal Representative who shall be the Municipality's
single point of contact for matters relating to this Agreement.
4.03 Within] 5 days of the execution of this Agreement, the Municipality shall provide
the County with a list of person/positions who are authorized to utilize the System
on behalf of the Municipality, under the authority of the Municipal Representative.
4.04 The Municipality shall receive certain access codes to the County's System and shall
be responsible for safe guarding the code information from release to unauthorized
parties. The Municipality shall be responsible for notifying the System
Administrator prior to, or within 2 hours of terminating employees or commercial
service providers which had knowledge of the access codes so that the access codes
can be modified and the System secured.
4.04] Service staff directly employed by the Municipality shall be considered
authorized to receive access codes for maintenance of the Municipality's
connection to the System.
4.042 Commercial service providers are not considered authorized to receive
access codes for the County system. Municipalities that plan to use
commercial services for subscriber maintenance must include confidentiality
requirements in their contracts with the commercial service providers. These
requirements must be reviewed and approved (which approval will not
unreasonably be withheld) by the System Administrator and the County
Attorney's Office prior to the Municipality executing its contract with a
commercial system provider.
4.05 The Municipality is solely responsible for the performance and operation of the
Municipality's equipment and any damages or liability resulting from the use
thereof. Should the County identify malfunctioning Municipality-owned equipment,
the County will notify the Municipal Representative and the Municipality shall
discontinue use of the specific equipment until repairs are completed. The County
may, after proper notification, disable the connection of the equipment to the System
after properly notifying the Municipality in writing if the equipment is causing
problems with the System.
4.06 Nothing in this Agreement shall represent a commitment by the County or shall be
construed as intent by the County to fund any portion of the Municipality's
Equipment or Internet connectivity.
SECTION 5: ANNUAL SYSTEM ACCESS AND USAGE CHARGE
5.0] The Municipality will be assessed an annual access and usage charge in the amount
of $4000 (Four Thousand Dollars). The County may review the annual access and
usage charge every three (3) years beginning October 1 S\ 2008. Following such a
review, the County may adjust the charge for the following fiscal year and provide
notice to the Municipality no later than April 1 st prior to the commencement of the
fiscal when the adjustment will take effect. The adjusted fee will be applicable for
the upcoming fiscal year and will automatically become part of this Agreement on
October 1 st of the applicable year for which the Municipality agrees to be bound.
5.02 If the effective date ofthis Agreement is between November 15th and September
30th, the Municipality will be charged pursuant to section 5.01. This charge will not
be prorated.
5.03 The Municipality agrees that in the event of any termination of the Agreement, the
annual access and usage charge shall not be reimbursed.
SECTION 6: BILLING SCHEDULE
6.01 Each November 15t\ the County will invoice the Municipality for the annual access
and usage charge, in the amount of the charge described in Section 5.0] .
6.02 Upon receipt of any invoice, the Municipality will immediately review same and
report any discrepancies to the County within 10 days of receipt. Payment will be
due to the County within 30 days of receipt of the invoice. Payments shall be sent
to:
Public Safety Department
Fiscal Manager
20 S. Military Trail
West Palm Beach, FL 33415
Attn: Alert and Notification Interlocal Agreement #
, Invoice #
SECTION 7: COUNTY RESPONSIBILITIES
7.0] The County shall be responsible for the maintenance and operation of the System.
The County shall notify the Municipal Representative in advance of scheduled
maintenance which impacts the users of the System and shall respond to
emergencies in the time frames and according to the procedures identified.
7.02 The County shall be responsible for all costs and fees associated with the operation
of the System.
7.03 The County shall be responsible for the management of all payments made pursuant
to Section 5.01
7.04 The County shall maintain access to the System throughout the term of this
Agreement except for times of scheduled preventative maintenance, where it win be
required to disable access to the System for a pre-determined length of time or
during times of system failures.
7.05 The County will provide notification of System problems and time for System
restoration to the Municipal Representative or designee if access to the System will
be inaccessible for more than two hours.
SECTION 8: IMDEMNIFICA TION AND LIABILITY
The County makes no representations about the design and capabilities of the
County System. The Municipality has decided to enter into this Agreement and use
the County's System based on its review of the system design, system capability,
manufacturing and install details contained in the County's contract with Dialogic
Communications Corporation and subsequent testing data that may exist. The
County agrees to use its best efforts to provide the Municipality with the use of the
System described in this Agreement, but makes no guarantee as to the continual,
uninterrupted use of the Dialogic Geographic-based Alert and Notification System,
or its fitness for the alert and notification needs of the Municipality.
The Municipality as a Florida municipality agrees to be fully responsible as set forth
in Section 768.28, Florida Statutes, for its own negligent acts or omissions or
tortious acts which result in claims or suits against the County and agrees to be
liable to the limits set forth in Section 768.28, Florida Statutes, for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as
a waiver of sovereign immunity by the Municipality to which sovereign immunity
applies. Nothing herein shall be construed as consent by a State agency or
subdivision of the State of Florida to be sued by third parties in any matter arising
out of any contract.
The County, as a political subdivision of the State, agrees to be fully responsible as
set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions
or tortious acts which result in claims or suits against the Municipality, and shall be
liable to the limits set forth in Section 768.28, Florida Statutes, for any damages
proximately caused by said acts or omissions. Nothing herein is intended to serve as
a waiver of sovereign immunity by the County to which sovereign immunity
applies. Nothing herein shall be construed as consent to be sued by third parties in
any matter arising out of any contract.
The parties to this Agreement and their respective officers and employees shall not
be deemed to assume any liability for the acts, omissions, and negligence of the
other party. Further, nothing herein shall be construed as a waiver of sovereign
immunity by either party, pursuant to Section 768.28, Florida Statutes.
Neither the County or the Municipality shall be liable to each other and for any third
party claim, which may arise out of the services provided hereunder or of the alert
and notification system itself, its operation or use, or its failure to operate as
anticipated, upon whatever cause of action any claim is based. The System is
designed to assist qualified governmental and emergency service professionals. It is
not intended to be a substitute for the exercise of judgment or supervision of those
professionals.
The terms and conditions of this Inter]ocal Agreement incorporate all the rights,
responsibilities, and obligations of the parties to each other. The remedies provided
herein are exclusive. The County and the Municipality waive all remedies,
including, but not limited to, consequential and incidental damages.
SECTION 9: OWNERSHIP OF ASSETS
All assets and services maintained under Section 4 of this Agreement will remain
assets of the Municipality at all times. Parts incorporated into assets owned by the
Municipality will immediately become a part of the asset and will be the property of
the Municipality. All other assets involved in the System will remain the County's,
despite the Municipality's financial contribution to their maintenance, renewal and
replacement.
SECTION 10: TERM OF AGREEMENT
The initial term of this Agreement is for three (3) years and shall commence upon
the effective date of the agreement. The effective date of the Agreement is the date
the Agreement is filed with the Clerk of the Circuit Court as provided in Sec.17.
herein, after execution by all municipalities joining in the Agreement and the Board
of County Commissioners. The Agreement may be renewed for an additional three
(3) year term thereafter. At least eight months prior to the expiration of this
Agreement's term, the Municipality shall provide the County with a request to
renew this Agreement. Such Renewal Amendment will require approval of both
parties and the County may not unreasonably withhold its approval of the Renewal
Agreement.
SECTION 11: AMENDMENTS TO THIS AGREEMENT
This Agreement may be amended from time to time by written amendment executed
by both the Board of County Commissioners and the Municipality.
SECTION 12: TERMINATION
This Agreement may be terminated by either party with or without cause. Any
termination shall be effective only on October] st of any year and shall be with a
minimum of six months notice.
SECTION 13: ANNUAL BUDGET APPROPRIATIONS
The County and Municipality's performance and obligations to pay pursuant to this
Agreement are contingent upon annual appropriation for its purpose by the Board of
County Commissioners and the Municipality.
SECTION 14: 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:
County Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Public Safety Department
20 S. Military Trail
West Palm Beach, FL 33415
With copy to:
Dialogic System Administrator
20 S. Military Trail
West Palm Beach, FL 33415
County Attorney's Office
301 North Olive A venue
West Palm Beach, FL 33401
As to the Municipality:
Jerry Taylor, J(~~, Mayor,~k.)
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Peter WalJacp
Director, ITS
100 E. Boynton
Boynton Beach,
(Municipal Representative)
Beach Blvd.
FL 33425
SECTION 15: APPLICABLE LAW/ENFORCEMENT COSTS
This section shall be governed by the laws of the State of Florida.
SECTION 16: EQUAL OPPORTUNITY PROVISION
The County and the Municipality agree that no person shall, on the grounds of race,
color, sex, national origin, disability, religion, ancestry, marital status or sexual
orientation be excluded from the benefits of, or be subjected to, any form of
discrimination under any activity carried out by the performance of this Agreement.
SECTION 17: FILING
A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
SECTION 18: ENTIRE AGREEMENT
This Agreement and any Exhibits attached hereto and forming a part thereof as if
fully set forth herein, constitute all agreements, conditions, and understandings
between the County and Municipality concerning the System. 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 County or Municipality unless reduced to
writing and signed by them.
SECTION 19: DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the
Constitutional or Statutory duties of County or Municipal officers.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
day and year first above written. R 20 0 5 2 0 9 8 OCT 18m
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
SHARO BOCK COMMISSIONERS
Clerk & Compt
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2...D~OooO,'
Chairman, Tony Masilotti (j"'-
By:
Deputy Clerk
County Attorney
APPROVED AS TO TERMS AND
CONDITIONS 4- ~ 1=0~
By: ~Vl- gk)D~
Ayor~ Cri ~
Attorney for Boynton B~ch
(MUNICIPALITY NAME) OOl( N TO N
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ATTEST:
By: ~di2) i?/~
v?/Ja T'j LL.-#tC.
Paul W. Milelli, Director
Public Safety Department
INTEROFFICE MEMORANDUM
TO: WILFRED HAWKINS
FROM: PETER WALLACE
SUBJECT: REGIONAL NOTFICATION SYSTEM
DATE: 7/7/2005
CC: KURT BRESSNER
The ITS department would like to utilize the Palm Beach County Geographic-based alerts and
notification system to alert citizens and visitors of an imminent threat to life or property, or provide
instruction to take immediate protective action. The Regional Notification system will provide
another layer and venue of communications to our residents and can be used in conjunction with the
city's TeleWorks First Responder system. . The system will reside at Palm Beach County EOC and
accessible via the web. The intent is to make the system available to the public safety departments
such as Police, Fire, Dispatch, EOC staff, Public Works, and Utilities. Access and usage including
content will fall under the current APM that governs the city's dialogic system.
The interlocal agreement (attached) has been reviewed and approved by David Tolces of the city's
legal department. E-mail correspondence attached. The term is for three (3) years at an annual cost
of $4000 (four thousand dollars). Money is allotted in the ITS telecommunication budget for this
expenditure.
In light of the active hurricane season last year and early activity including one named storm this year,
were the city's infrastructures to be damaged, this external system would potentially be accessible via
the Web. By eliminating the city's outdated Dialogic system, this alternative will provide savings of
$8000 yearly while utilizing County resources including geographic data, addresses, and phone
records for the residents of Boynton Beach.
Please advise if we may proceed in this direction.
CITY CLERK'S OFFICE
MEMORANDUM
TO:
Peter Wallace
Director of ITS
Judith A. Pyle . nO
Deputy City Cle~
August 15, 2005
FROM:
DATE:
RE:
R05-128 - Interlocal Agreement with Palm Beach County for County's
Dialogic Geographic-Based Alert and Notification System
Attached for your information and processing are two originals of the interlocal
agreement and a copy of Resolution R05-128 that was approved by the City
Commission at their regular meeting on August 2, 2005. Please secure the necessary
signatures. Once the documents have been fully executed, please return one original
document to this office for our Central Files.
Thank you.
Attachments
c: Central File (w/attachment)