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R00-176RESOLUTION NO. R 00-/~'~' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOCA RATON, THE CITY OF DELRAY BEACH AND THE CITY OF BOYNTON BEACH, AS THE SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE ("CITIES") AND PALM BEACH COUNTY; PROVIDING FOR THE SETTING FORTH OF PARAMETERS UNDER WHICH THE RADIO SYSTEMS OF THE CITIES AND THE COUNTY CAN BE CONNECTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the parties have heretofore entered into an Interlocal Agreement on the 2nd day of February, 1998; and WHEREAS, it is deemed mutually advantageous to the parties to enter into this Interlocal Agreement which provides specific parameters under which the County will make specific components of its 800MHz Trunked Radio System available to the Cooperative in order to provide interoperable radio communications between the County and the Cities participating in the Cooperative. WHEREAS, Section 163.01, Florida Statutes authorizes local governments to enter into Intedocal 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, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorizes and directs the Mayor and City Clerk to execute a Restated Interlocal Agreement between the City of Boca Raton, the City of Delray Beach and the City of Boynton Beach, (Cities) to enter into an Interlocal Agreement with Palm Beach County, said Agreement being attached hereto as Exhibit '%". This Resolution shall become effective immediately upon Section 2. passage. PASSED AND ADOPTED this /,~' day of December, 2000. CITYY~~,Y ,,,~, ~O BOY T ,N ACH, FLORIDA ommlssloner ,~,mmissioner Commissioner ATTEST: CitCClerk INTERLOCAL AGREEMENT This Amendment #1 to an tNTERLOCAL AGREEMENT (Resolution #2000-0838), is made and entered into this day of , ,,2,000, by ,,,and between PALM BEACH C,O,,UNTY, a p~,litical subdivision of th~ State of Florida ( COUNTY ) and the cities of Boca Raton ( Boca Raton ) and Delray Beach ("Delray Beach!') and Boynton Beach ("Boynton Beach"), each a separate municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, the Cities of Boca Raton, Delray Beach, and Boynton Beach, have established via Interlocal Agreement the South Palm Beach CoUnty Public Safety Communications COOPERATIVE for the purpose of expanding the geographic use of available frequencies for mutual assistance and daily activities and the establishment and operation of radio communications systems; and WHEREAS, the COUNTY has comm/tted to the purchase, design, inst~11~qon, and operation of an 800 MHz Trunked Radio System to meet the needs of the Palm Beach County Sheriffs Office, Palm Beach County Fire Rescue, Pnlm Beach County Emergency Management Service, and various Palm Beach County general government agencies; and WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperabie systems is critical to the effective and efficient provision of public safety services; and WHEREAS, it has been determined mut~.Uy beneficial to all Parties to execute this Agreement which sets forth the parameters under which the radio systems of the Cities and the COUNTY can be connected saving the taxpayers money of both the COUNTY and the Cities as well as the opportunity to receive the public safety benefit of interoperability; WHEREAS, Section 163.01. Florida Statutes, permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agenc/es share in common and which each m/ght exercise separately; and WHEREAS, the parties agree that this Amendment #1 is appropriate to update the original InterIocal Agreement and that this amended agreement rescinds and terminates Agreement #2000-0838, and replaces in its entirety: NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained here/n the parties hereto agree as follows. SECTION 1: Purpoee The purpose of this Agreement is to set forth the ~eters under which the COUNTY will make specific components of its 800 MHz Trunked Radio System available to the COOPERATIVE in order to provide for interoperable radio communications between the COUNTY and the cities participating in the COOPERATrv-E. Pag~ 1 of 17 Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page I of 17 SECTION 2~ Definitions 2.01 Boynton Beach Site: The City of Boynton Beach's primary radio communications site located in Tract B, Rolling Green Ridge Second Addition, City of Boynton Beach. 2.02 Central Hub: The Central Hub consists of the radio communications system operated by the City of West Palm Beach and includes those cities utilizing the system through Interlocal agreement with the City of West Palm Beach. 2.03 Cities: The City of Boca Raton, the City of De[ray Beach, and the City of Boynton Beach, as individual entities, but used in context of this Agreement to mean each city acting in the collective. 2.04 City-County Roaming Talk Group: Talk groups established on a municipal radio communications system for which the Smartgone Controller will assign channel resources on the County's communications systems when units from the talk group are registered on the System. 2.05 Common Countywide Talk Groups: Talk groups established on the County's communications system that are made available to municipalities and other non-County agencies. These talk groups must be programmed into agency radios and be selected by the user. 2.06 Controller: The Controller is the group of equipment components that provide audio routing and control signaling functions required, to interface various independent communications systems and provides interoperable operations between the individual systems. 2.07 COOPERATIVE: The South Palm Beach County Public Safety Communications Cooperative which was established by Boca Raton, Delray Beach AND Boynton Beach to collectively provide a radio communications system which provides radio communications for the three cities. All references to the COOPERATIVE shall also refer to each of the Cities of Boca Raton, Delray Beach and Boynton Beach and to the approval of all actions of the COOPERATIVE by the Cities pursuant to the Interlocal Agreement establishing the COOPERATIVE dated 2/2/98. 2.08 COOPERATIVE's System: The 800 MHz trunked radio system or systems, funded, purchased, installed, maintained and owned by the COOPERATIVE or the individual cities. The SYstem, or systems, shall include the fixed network and field radio transmitting and receiving equipment, microwave equipment and/or leased communication transport lines as required for communications between sites, dispatch center equipment and facilities required for the operations of each city's public safety and government services functions, and the towers and physical fac'dities require to house and maintain the system equipment. 2.09 CSOPAC: Communication System and Operations Policies Advisory Committee established to develop policies for the system in which both the COUNTY and the COOPERATIVE participate. 2.10 CRSSC: Countywide Radio System Steering Committee established to oversee implementation of the policies established by the CSOPAC and to modify existing policies or create new policies as required over the life of the System. Page 2 of 17 Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page 2 of 17 2.11 Microwave .System: A communications system utilizing frequencies in the microwave range to route audio and control signals between sites in a multi-site communications system. 2.12 NeW, york Administrator: Is the COUNTY staff position responsible for maintenance and administration of the COUNTY system including the SmartZone Controller. 2.13 North Hub: The North Hub is a communications system proposed to be developed collectively bY the municipalities in the northern County area. 2.14 Parties: All 'entities that have executed this Agreement winch include the COUNTY, Boca Raton, Delray Beach and Boynton Beach; 2.15 Prime Site: The location of the COUNTY's SmartZoneTM Controller. 2.16 Roaming Feature: A feature of the SmartZone Controller that allows units from specified talk groups to register onto communications systems associated with the SmartZone Controller when beyond the coverage of their primary system. Additionally these talk groups are assigned communications channels on the systems where units register when there is talk group activity. 2.17 South Hub: The South Hub refers to the communications system, facilities and operations proposed by the COOPERATIVE. 2.18 System: The 800 MHz Trunked Radio sy§tem funded, purchased, installed, maintained and owned by the COUNTY. The system will include fixed and field transmitting and receiving equipment, a microwave system for communications between sites, remote and prime site control and management equipment, dispatch consoles and related equipment and a Smart. Zone ControlIer located at the prime site. SECTION 3: COUNTY'S 800 MHz Trunked Radio System 3.01 The COUNTY will purchase, install, and operate a SmartZoneTM Controller, capable of expansion to 48 ports, at its Prime Site. The COUNTY will solely fund the purchase and own the Controller. The COUNTY will allow the COOPERATIVE to connect to the Controller utilizing a maximum of nine (9) ports. The COOPERATIVE acknowledges that the COUNTY has upsized the Controller to be able to accommodate the capacity requirements of the COOPERATIVE as transmitted to the COUNTY on August 28, 1998. The COOPERATIVE also acknowledges that by entering into this Agreement, the COUNTY must increase the capacity of the Controller to a level sufficient to accommodate the anticipated requirements of the South, Central and North Hub as conceptl~-li~d in the Countywide Pliblic Safety Communications System for Municipalities prepared, in 1995. 3.02 Subject to Section 3.06, the COOPERATIVE agrees to pay its fair share of the operation and maintenance costs associated with the Controller on pro rata basis. The operations and maintenance costs to be included are: system administration costs (winch includes personnel costs), utilities, equipment, software and component renewal, replacement costs, and controller maintenance costs (winch may be out-sourced or performed by the COUNTY). The COOPERATIVE's maintenance costs are calculated in Section 5.031 of this agreement. Page 3 of 17 Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 3 of 17 3.03 Subject to Section 3.06, the COOPERATIVE will be solely responsible for any and all permitting and/or ~icensing costs associated with its use of the Controller. 3.04 Subject to Section 3.06, the COOPERATIVE will be solely responsible for any and all costs associated with the purchase of equipment components, modules, interfacing hardwaxe and the installation services required to utilize the SmartZoneTM Controller. 3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify System components which axe owned by the COUNTY. The COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and pursuant to the terms of this Agreement. 3.06 The COOPERATIVE will only be £mancially responsible for those actions undertaken on the COOPERATIVE's behalf when the COOPERATIVE has agreed to the costs in writing prior to commencement of the activity. 3.07 In order to facilitate the COOPERATIVE's needs, the COUNTY agrees to make the SmartZone Controller available to the COOPERATIVE on November 1, 2000 or as soon thereafter as Motorola completes its work to make the SmartZone Controller and related equipment operational and ready for use. The SmartZone Controller shall be ready for use when the installation and programming work is complete as well as site develGpment is complete to the extent that security, environmental conditions and backup power are properly provisioned. The COOPERATIVE acknowledges that the microwave communications system wilt not be in place at the time of early acceptance of the SmartZone Controller and the Prime Site, and will be solely financially responsible for the communications costs associated with transporting the signals to the Prime Site. .' 3.08 The COOPERATIVE acknowledges that by connecting to the SmartZone Controller prior to final system testing, their use of the controller is subject to interruptions due to acceptance testing. Every effort will be made to notify the COOPERATIVE of testing activities and to schedule any known interruption to minimize the hnpact. However, the COOPERATIVE recognizes that system fa/lures are possible and that the prescribed testing activities must be completed before the COUNTY can accept the system as complete and functional. Neither the Cities nor the COOPERATIVE shall hold the COUNTY responsible for any actions, consequences or 1/ability resulting directly or indirectly from the use of the SmartZ, one Controller prior to acceptance by the COUNTY and/or ssrv/ce interruptions prior to acceptance by the COUNTY. SECTION 4: COUNTY'S Digital Microwave Communications System 4.01 Pursuant to a separate agreement between the COUNTY and Boynton Beach, the COUNTY will locate cl/gital microwave communications equipment at the Boynton Site. The COUNTY will allow the COOPERATIVE to use the microwave system as a communication path between the COOPERATIVE and/he Controller located at the COUNTY's Prime Site. 4.011 Boynton Beach will solely utilize the 6 T1 capacity in the Microwave System reserved for use by the COOPERATIVE pursuant to separate agreement. Delray Beach and Boca Raton will transport from their systems to the COUNTY's Prime Site via leased Tls and not via the Microwave System. Page 4 of 17 Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page4 of 17 4 4.012 If Delray Beach and Boca Raton subsequently decide to utilize a Microwave System directly from their respective systems to the COUNTY's Prime Site, the individual City will be totally responsible~for ail costs associated with the purchase, installation, ownership, operations and maintenance of equipment solely for its benefit. The provisions of Section 4.03 will also then apply to Delray Beach and/or Boca Raton. 4.02 Subject to Section 3.06, the COOPERATIVE will be solely responsible for ail costs associated with interfaces between the Microwave System or the commercial telephone system a.nd the COOPERATIVE's radio system. The point of demarcation between the COUNTY and the COOPERATIVE shall be the back plane connector blocks of the Smart. Zone Controller. For the City of Boynton, the demarcation shall be the microwave radio equipment at the Boynton Site. 4.03 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify Microwave System components which are owned by the COUNTY. Subject to Section 3.06, the City of Boynton will fund such actions to be undertaken by the COUNTY at City of Boynton's request, and pursuant to the terms of this Agreement. SECTION 5: COOPERATIVE's Maintenance and Administration Costs and Conditions for Participation 5.01 The COOPERATIVE shall pay an annual maintenance and administration fee based on the fo[lowing percentages of staff and material costs. The costs provided below present a not-to-exceed cost through October 2002. The Costs for agencies using the Smart. Zone Controller are derived as fofiows: the capped Estimated Annual Costs for fiscal 2003 are multiplied by the fixed percentages and the sum Of the costs for each category are apportioned out to the user agencies base on the number of active talk groups for each agency. As additional users connect to the SmartZone Controller, the COOPERATIVE's percentage of the total cost will reduce. Staff or Materials Required Estimate Cost Annual Per- Annual Cost cent Cost Network Administrator $75,000 20% $15,000 Network Engineer $67,000 10% 6,700 Field Engineer $50,500 10% 5,050 Data Entry (secretary) $25,000 10% 2,500 Parts/supplies/software $50,000 30% 15.000 Total $44,250 The COUNTY reserves the right to charge the COOPERATIVE on a time and materials basis for after hours emergency .trouble reports that are not the result of a failure of the SmartZone Controller, the Ambassador switch, microwave system or related subsystems or software. Page 5 of 17 Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 5 of 17 5 5.012 The COUNTY shall inform the COOPERATIVE of any adjustments to the maintenance and administration costs each year dur/ng the month of March. The COOPERATIVE shall pay the maintenance and administration fees as a check payable to the Board of COUNTY Commissioners. The COUNTY shall/nvoice for payment in October and payment shall be due November 30t~. Each year the COUNTY shall re-calculate the fees provided in this agreement. The new calculation shall consider increases to the number of active talk groups and annual maintenance and administration costs. Using the allocation methodology described in this agreement, the costs contained in Section 5.01 can be modified annually based on letter agreement executed by the County Administrator (or his designee) and the Chairman of the COOPERATIVE. 5.013 The COOPERATIVE shall provide to the COUNTY copies of their software licenses for the use of the SmartZone system features associated specifically with the COOPERATIVE. These licenses shall be submitted to the COUNTY prior to the COOPERATIVE commencing operations on the SmartZone ControLLer and renewals shall be provided thereafter as prescribed by the license(s). 5.0~ The COOPERATIVE shall have the authority to connect to and utilize the features and capabilities of the SmartZone ControLLer to provide interoperability between the cities of the COOPERATIVE and other agencies as may be authorized at a future date. The COOPERATIVE shall have access authority to the SmartZone Controller that will allow the COOPERATIVE to establish talk groups and subscriber units on the System within the allotments provided in Attachment B to this document. The COOPERATIVE shall program talk groups or subscriber units for operation only on radio systems owned and operated by the Cities of Boynton Beach, Delray Beach, and Boca Raton.,, The COOPERATIVE may program subscriber radios on the Common Talk Groups (provided in Attachment C) on the COUNTY's radio system for interoperabLLity with COUNTY agencies under a separate agreement to be established. Interoperability agreements with other agencies on the System shall be approved by the CRSSC and formalized by an interlocal agreement between the agencies. The COUNTY's Network Administrator shall receive executed copies of all agreements for interoperability before subscriber equipment is programmed to operate as established by the agreement. 5.03 The COOPERATIVE shall assign representatives to attend the User Committee meetings for each of the law enforcement, f~re-rescue, and public works disciplines for which the Cities have subscriber units programmed on the System. Participants at these meetings will discuss all system maintenance and administration issues. Non-critical problems or suggested changes shall be presented at the meetings. As agreed to by the User Committee members, issues discussed at the meetings shall be forwarded to the Network Administrator or the CRSSC for final approval. The COOPERATIVE shall have the capability to generate call activity reports, faulty reports and reports about the infrastructure equipment, as well as subscriber units established on the individual radio systems of'the COOPERATIVE. 5.04 The COUNTY shall attempt to notify the COOPERATIVE a minimum of seventy- two hours in advance of all scheduled interruptions of the SmartZone Controller's capabilities. The COUNTY shall make every effort to 1/mit all scheduled interruptions of Smart. Zone ControLLer service to no longer than ninety minutes. All scheduled interruptions of service shall occur between 2:00 a.m. and 6:00 a.m. whenever possible (with the exception of acceptance testing). Page 6 of 17 Amendment #1 to Interlocal Agreement (Resolution 2000-0838) , Page 6 of 17 The COOPERATIVE shall have access through their SmartZone Manager Terminal to receive Alerts and Alarms for the SmartZone Controller as well as the infrastructure equipment for their individual communications systems. The COOPERATIVE shall be responsible for maintaining the equipment components that make up the COOPERATIVE's System and the associated equipment used to interface with the COUNTY's System. Critical problem alarms generated by a SmartZone Controller failure are automatically reported to the County Communications Division for resolution. The Sheriffs Office Dispatch Center wili also monitor critical ~lmrms and be notified by County Communications of actions taken and status. Normally, it will not be necessary for the COOPERATIVE to notify the COUNTY of any problems with the SmartZone Controller. However, in the event, it becomes necessary to report a problem, the COOPERATIVE shall contact the Communications Division engineering staff. Phone numbers to be provided when critical response procedures are £malized. 5.05 The COOPERATIVE will not be permitted to connect to the System until this interlocal agreement is executed by the COUNTY and the Cities. 5.06 The COOPERATIVE shall have authority to utiliT~ private call and telephone interconnect features for the operations of their agencies. The COOPERATIVE recognizes that the COUNTY's use of the System does not include these features. As a result, additional equipment and software licenses may be required to implement these features. SECTION 6: System Capacity Forecast Assumptions 6.01 The COUNTY and the COOPERATIVE agree that it would be mutually beneficial to maximize the number of city-COUNTY talk groups with capabilities for System-wide roaming. The system design forecast does not project any System capacity is available to achieve this objective. However, as the System is used, the COUNTY will have actual System use data that can be used in lieu of the System use assumptions used for the original system capacity projection. The COUNTY agrees to periodically reevaluate law enforcement's use of the System compared to the use projections. The specifics of this evaluation are identified in Attachment A to this Agreement. 6.02 Roaming shall be allowed between radio systems operated by the COOPERATIXJE members at the discretion of the COOPERATIVE. Roaming shall not be allowed, as of the date of this agreement, from COOPERATIVE systems onto the COUNTY ~ystem nor from the COUNTY System onto COOPERATIVE's systems. SECTION 7: COOPERATIVE's Acknowledgment of COUNTY Expenditure The COOPERATIVE acknowledges that by entering into this Agreement, the COUNTY has allowed the COOPERATIVE to save in excess of $1,000,000 as well as avoid costs associated with establishing a microwave link from the Boynton site to the Prime Site in excess of $125.000. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 7 of 17 SECTION 8: COUNT. s Obligations to COOPERATIVE's System 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 COOPERATIVE's System. 8.01 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 COOPERAT1VE's System. 8.02 After system acceptance and warranty expiration, the COUNTY shall provide a response by a qualified technician to all failures of SmartZone functionality that impact the operation of any of the COOPERATIVE's radio systems within two hours of being notified of such failure. The COUNTY shall take all possible actions to restore SmartZone functionaliW to full operation without delay. Motorola shall provide repair and maintenance services per the COOPERATIVE's contract prior to acceptance of the system by the COUNTY. Motorola shall also service the Smart,Zone Controller according to the COUNTY's contract during the warranty period. 8.03 COOPERATIVE members shall give the COUNTY twenty-four hours notice of the need to access the SmartZone Controller facility for routine maintenance or installation of COOPERATIVE equipment. 8.04 COOPERATIVE members shall have continuous access to the SmartZone Controller facility to repair problems with their connectivity systems. After hours access shall be provided through the emergency trouble reporting procedure established for the system. SECTION 9: Frequencies The Parties agree that the frequencies held by the COUNTY and the frequencies held by the COOPERATIVE shall be separate and shall be implemented and used at the sole discretion of the individual parties. SECTION 10: Liability 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. SECTION 11: Term of Agreement The term of this Agreement shall be for a period of five (5) years from execution. The Agreement may be renewed for a period of three (3) years upon written modification by all Parties. Should the agreement n6t be renewed at any time in the future, the provisions of the termination clause shall apply. SECTION 12: Amendments to this A~reement 12.01 This Agreement may be amended from time to time by written amendment by all Parties. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 8 of 17 12.02 In the furore, if the COUNTY enters into an agreement(s) with other municipalities which terms are more favorable than those contained in this Agreement, the COUNTY agrees to amend this agreement, by written amendment executed by the COUNTY Administrator or his designee, the Director of Facilities Development & Operations to match the more favorable. This provision does not apply to Sections 3.01, 4.01, 4.02, 5.032 and 7 of this Agreement. SECTION 13: Termination 13.01 After receipt of notice pursuant to Section 5.01, the COUNTY can only terminate if the Parties fail to enter into an agreement pursuant to Section 5 Of this Agreement, or as a result of any other default by the COOPERATIVE pursuant to this Agreement. 13.02 The COOPERATIVE may terminate the agreement with 60 days notice to the COUNTY. All improvements made to the SmartZone Controller, the Ambassador Switch, the microwave system, and related subsystems by the COOPERATIVE, or on its behalf, shall remain part of the equipment where installed and ownership shall transfer to the COUNTY. SECTION 14: Administration 14.01 The administrative policies for the SmartZone Controller shall be established by the CSOPAC and by the CRSSC after the CSOPAC is discontinued. The COUNTY and the COOPERATIVE agree to abide by the policies so established.. 14.02 The COOPERATIVE shall receive certain "access codes to the Palm Beach COUNTY System and shall be responsible to safe guard the code information from release to unauthorized parties. Service staff directly employed by the Cites of the COOPERATIVE shall be considered authorized to receive access and programming codes for the maintenance of their agency's radio equipment. Commercial service providers are not considered authorized to receive access or programming codes for the COUNTY System. Agencies that plan to use commercial services for their system or subscriber unit maintenance must include confidentiality requirements in their contracts with the commercial service providers acceptable to the Network Administrator before access or programming codes maybe released to these companies. 14.03 The COOPERATIVE shall be responsible for adhering to the policies and procedures established for System use. Should the COOPERATIVE not follow the established procedures, there shall be three warnings before corrective action is taken. The CSOPAC (or CRSSC after October 2001) shall have the authority to direct the Network Administrator to implement modifications to the network including disabling units or disabling access to the System. ,, SF-~TION 1S: Annual Budget Appropriations The COUNTY'S and Cities' performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of COUNTY Commissioners and each individual City Council. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 9 of 17 SECTION 16: 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 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 With copy to: Director of Communications Division 3323 Belvedere Road, Building 506 West Palm Beach, Florida 33406 COUNTY Attorney's Office 30i North Olive Ave, Suite 601 West Palm Beach, Florida 33402 As to Boca Raton: City Manager City of Boca Raton 201 W. Palmetto Park Rd. Boca Raton, F1 33432 With copy to: Chief of Police City of Boca Raton 100 NW Boca Raton Blvd Boca Raton, Fl. 33432 As to Delray Beach: City Manager City of Delray Beach 100 NW First Ave. Delray Beach, Fl. 33444 With copy to: Chief of Police City of Delray Beach 300 W. Atlantic Ave Delray Beach, Fl. 33444 Amendment #1 to Interlocal Agreement (Resolution 2000-0838), Page 10 of 17 As to Boynton Beach: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 With copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI. 33435 SECTION 17: Applicable Law/Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terms of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 18: Filing A copy of this Agreement shall be fried by Palm Beach COUNTY with the Clerk of the Circuit Court in and for Palm Beach COUNTY. SECTION 19: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation Of the Constitutional or Statutory duties of any party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 11of17 ATTEST: DOROTHY H. WILKEN, Clerk BY: Legal Sufficiency: PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: Chair COUNTY Attorney Remainder of page left blank. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 12 of 17 crI~ OF Boca Raton, Clerk BY: Leged Sufficiency: CITY OF Boca Raton, BY ITS CITY COUNCIL BY: Mayor City Attorney Remainder of page left blank. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 13 of ~17 CITY OF Delray Beach, clerk CITY OF Delray Beach, BY ITS CITY COMMISSIONERS BY: ' BY: Legal Sufficiency: Mayor City Attorney Remainder of page left blank. Amendment #1 to Intedocal Agreement (Resolution 2000-0838) Page 14 of 17 CITY OF Boynton Beach, Clerk CITY OF Boynton Beach, BY ITS CITY ~/~.~...~ .... _ .~'J-'__'__'__'__'__'__~ .... COMMISSIONERS /) ~, . ~ ~,,,,,,,,,,,,,,; ...... ~ ~ ~ ....~.~.:... ~ ~ /~ayor / ~gm ~uHlclency: y / aem~der of page left bl~k. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 15 of 17 Attachment A .System Capacity Forecast Re-evaluation In order to implement Section 6 of the Agreement, the COUNTY agrees to the following. Two (2) years after final acceptance of the System and complete migration of PBSO to the system and every three (3) years thereafter, the forecast of System capacity will be re-evaluated. The re-evaluation will entail the substitution of actual System use data for System use assumptions used to determine System capacity. The re-evaluation will be done by performing an Erlang study based on actual system usage data, actual unit quantities and, revised unit quantity growth for the remaining system build-out. The System use assumptions used to determine the original system capacity projections are identified as follows: System Build-out: 2013 Number of Voice Channels: 27 (See note below) Calculation Model: Erlang-C Standard Call - Seconds/Units: 3.778 seconds Loading: Call/Hour/Unit: 1.7036 cail-seconds Working Channel Overhead: 0.5 seconds Maximum Acceptable Delay: 1 second Average Message: 4.278 seconds Offered Load: 14.3634 erlangs Basic Grade of Service: 0.20 percent Delayed Call Grade of Service: 0.01 percent Percentage of Time each Channel in Use: 53.2% Agency Para-meters: Law Enforcement Fire-Rescue/EMS Gen. Govern. Total Unit Quantity by 2013 3412 1405 2278 7095 Peak Erlang by 2013 · 6.91 2.84 4.61 14.36 Note: Implementation of two additional channels capable of COUNTYwide coverage is required to meet the operational minimums for the full 15 year system life cycle. To determine the availability of system capacity to support city-COUNTY talk groups, the above assumptions will be compare with actual use data and the assumptions will be adjusted accordingly for law enforcement. Using the adjusted parameters an Erlang-C study shall be performed to determine capacity usage. In the event that the re-evaluation' indicates that overall law enforcement usage is less than that computed by the assumptions (including the projected growth in number of COUNTY law enforcement radios and the actual use for those projected radios), the COUNTY will re-direct that taw enforcement capacity difference to allow for certain talk groups to have the roaming feature activated. Municipalities proposing roaming talk groups shall provide Erlang study data to demonstrate the identified available capacity can support the call traffic from the proposed city-COUNTY talk groups. To ensure comparable Erlang study results, municipal studies shall be based on the same methods and calculation model as used for the COUNTY's study. Amendment #1 to Interlocal Agreement (Resolution 2000-0838) , Page 16 of 17 The number of specific city-COUNTY talk group to use the roaming feature will be based on an evaluation of ail city-COUNTY talk groups, capacity needs for each talk group, the capacity available, the number of radios with access to the talk group, the risk/stress involved in activ/ties using each talk group, and any monitoring requirements. All cities in the COUNTY will be able to participate in the identification of law enforcement city- COUNTY talk groups for consideration to go to System-wide roaming. The COOPERATIVE acknowledges that any capacity which may be re-assigned to enable city-COUNTY talk groups with the roaming feature is available to all cities in the COUNTY not only those in which the COOPERATIVE routinely participates. As the System has Countywide coverage it will not be necessary for COUNTY users to activate a roaming feature. As a result, any costs associated with the re-programming of subscriber units and the Smart.Zone Controller will be borne in its entirety by the entity proposing the city- COUNTY talk group. The re-assignment of any capacity initially forecasted to fire rescue and general government users is at the sole discretion of the COUNTY. h:southubagr Amendment #1 to Interlocal Agreement (Resolution 2000-0838) Page 17 of 17