R00-046RESOLUTION NO. R00-4/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING 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 TO ESTABLISH THE SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS
COOPERATIVE; 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 Restated Interlocal Agreement which provides a communication system
operation
government; and
WHEREAS,
overn ments
and maintenance services
benefiting public safety and local
Section 163.01, Florida Statutes authorizes local
to enter into Interlocal Agreements with each other to jointly
any power, privilege, or authority which such agencies share in common
which each might exercise separately;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
authorizes and directs the Mayor and City Clerk to execute a Restated
nterlocal Agreement between the City of Boca Raton, the City of Delray Beach
the City of Boynton Beach, to establish the South Palm Beach County Public
Safety Communications Cooperative, said Agreement being attached hereto as
Exhibit "A".
Section 2.
)assage.
This Resolution shall
PASSED AND ADOPTED this
become effective immediately upon
. day of April, 2000.
C, T ,~,~/~T~,. B~
Vice Mayor
Mayor Pro Tom
' City of
Boynton Beach
City Cl~rk's O~ce
I O0 E. Bqynton Beach Boul~ard
P.O. Box 310
Bqynton Beach, Florida 33425-0310
(561) 742-6060
FAX: (561) 742-6090
April 10, 2000
Ms. Donna Dreska, City Manager
City of Boca Raton
201 W. Palmetto Park Road
Boca Raton, FL 33432
RE:
RESOLUTION #r00-46 AND THREE PARTIALLY SIGNED INTERLOCAL
AGREEMENTS
Dear Ms. Dreska:
Attached please find a copy of the above mentioned resolution and three partially
signed interlocal agreements, which were approved at the City Commission
meeting held on April 4, 2000,
After all the parties have executed this agreement, please forward one original to
me for our Central Files.
If you have any questions pertaining to this, please do not hesitate to contact me..
Sincerely,
CITY OF BOYNTON BEACH
Sue Kruse, CMC/AAE
City Clerk
C:
Captain Ross Licata, Delray Police
Deputy Chief Matt Immler, Boynton Beach Police
Mas
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"~n Equal Opportunity/Affirmative Action/ADA Employer"
INTERLOCAL AGREEMENT
to establish
South Palm Beach County Public Safety Communications Cooperative
THIS AGREEMENT, originally entered into on the 2nd day of February, 1998,
by and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and
the CITY OF BOYNTON BEACH, each a Florida municipal corporation located in
Palm Beach County, Florida, hereinafter referred to as the "Parties" and amended on
this 17a day of March, 2000.
WITNESSETH:
WHEREAS, each of the parties presently maintains a police/fire department
and local government with radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to
provide a communication system with operation and maintenance services benefiting
public safety and local government; and
WHEREAS, the use of a cooperative of the three municipalities to provide
radio communications services expands the geographical use of available frequencies
for mutual aid and day-to-day activities; 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; and
WHEREAS, pursuant to this Interlocal agreement, the municipalities'
PSCC Interlocal 1
Revised 3/17/00
respective police and fire departments and local government will be able to
communicate with each other benefiting public safety concerns; and
WHEREAS, it is deemed mutually advantageous to enter into this Agreement
for the express purpose of cooperating in the provision of communicating services
without regard to territorial boundaries, which shall benefit mutually and equally the
citizens of each Party.
NOW THEREFORE, The Parties, in consideration of the mutual promises,
terms, conditions and benefits bereinaRer set forth, the receipt of which is hereby
acknowledged, do hereby agree as follows:
Section 1. DEFINITIONS
1. "800 MHz/UHF TRUNKED SMARTZONE RADIO (TSR) System" or
"System" shall mean the entirety of the jointly-shared TSR system, to include Backbone
Items and User Specific Items, as such system will exist following the completion of the
Project.
2. "Backbone System" shall mean those non-nser specific elements of the
System which may be jointly owned, used or shared by the Parties and may include, but
not be limited to, the construction, modification and/or furnishing of new or existing
transmitter/receiving sites and related subsystems as required for such System; the
construction and/or modification and out-fitting of new or existing equipment storage
facilities at such sites; security of such items, base stations, transmitters/receivers,
microwave subsystem, tmnking/Smartzone controllers/system managers, related
soRware and any other jointly owned, used or shared items.
3. "FCC" shall mean the Federal Communications Commission or any
successor agency.
PSCC Int~xlo~l 2
Revised 3/17/00
4. "Project Coordinator" shall mean the person designated by the
Cooperative Board of Directors to be respons~le for the interface between the Parties
and the day-to-day coordination and management of the Project during the planning and
construction phases. The Project Coordinator shall perform the duties assigned under
this and any other Agreement between the Parties relating to the Project or the operation
and maintenance of the System. The Project Coordinator is a position required by the
Federal Communications Commission (FCC). The Project Coordinator shall be
appointed from the Project Team.
5. "Project Team" shall mean the team composed of represematives
designated by each Party to advise the Project Coordinator. The Communications
Directors of each Party must be a part of the Project Team.
6. "User Specific Items" shall mean those elements of the System required
for each Party's individual communications system, purchased, installed and/or used
individually by each Party and shall include, but not be limited to, radios, dispatch
consoles, encryption devices, computer terminals, and other communications structures.
Each Party shall be respons~le for developing its own requirements for User Specific
Items and supervising the installation thereof at locations determined by such Party.
Section 2. THE PSCC AND ~ BACKBONE SYSTEM
A. This agreement constitutes an Interlocal agreement authorized by Section
163.01, Florida Statutes, being a joint exercise of power shared in common which any
City could exercise separately and shall be filed with the Clerk of the Circuit Court in
and for Palm Beach County, Florida.
PSCC Interlocal 3
Revised 3/17/00
B. The purpose of this Agreement is to provide for the establishmem and
operation of a cooperative local government and public safety communication radio
system for the mutual advantage of the cities.
C. The term of this Agreement shall be for thirty (30) years ~om the
execution of this Interlocal Agreement by all Parties hereto, unless sooner terminated as
provided herein.
D1. There is hereby created an admini.qtmtive agency to be entitled the South
Palm Beach County Public Safety Communications Cooperative, herein af~er referred to
as "PSCC". The PSCC shall have the following general powers by the Parties:
1. Lease, sublease or be assigned the lease of real property l~om any
political subdivision of the State of Florida;
2. Receive funds, including but not limited to gifts, grants and bequests,
t~om any source, public or private, provided that no power to levy taxes or
assessments be inferred herefrom;
3. Improve and maintain any and all real property acquired by lease,
sublease or assignment of a lease;
4. Purchase, lease and install fixtures and moveable propertyappropriate
to a local government and public safety radio Backbone System;
5. Enter into contracts; and
6. Exercise any other power that may be necessary for the operation of a
cooperative local government and public safety radio Backbone System or that
may hereat~er be agreed to by all Cities if within the common powers of all
Cities;
PSCC Interloeal 4
R~visod 3/17/00
Systerr[
D2.
7. Hold titles and licenses for the operation of the radio Backbone
The PSCC shall be governed by a board of three (3) people to be known
as the Board of Directors, which shall consist of the City Managers of each City or their
designee. A chairperson shall be selected by and from the Board membership. A
secretary shall be selected by, but not from, the Board membership. The chairperson
and secretary shall serve for a term of one year and may serve successive terms without
limitation. Board members shall serve without compensation from PSCC; however, any
City may reimburse the member representing that City for expenses incurred for
attendance at meetings. Each Board member shall be entitled to one vote. The presence
of a representative of each Party shall be required to constitute a quorum. Action of the
Board shall be by majority vote of the Board. Each City Manager shall select an
alternate member for the Board, who shall serve in the absence of the regular member
for whom he or she is an alternate. The Board shall establish such procedural roles and
regulations for the conduct of its meetings as it may deem necessary, including the
recording of minutes. The Board shall meet at least once a year and at such other times
as the Board shall determine. All.decisions of the Board shall be published in a set of
minutes, prepared by a recording secretary selected by the Board. The minutes shall be
prepared and distributed to the City Manager and City Clerk of each of the Parties
within fifteen (15) days following each meeting of the Board. The minutes shall be
ratified by the City Commission or City Council of each Party.
E. The Board of Directors may assign questions relating to the daily
admini~qtration and operation of the function of the communications radio system to a
committee which shall be known as the Administration Committee; The Admini~qlxation
PSCC Interlocal 5
Revised 3/17/00
Committee shall consist of one representative of each Party to be appointed by that
Party's City Manager. It is the intent of this Agreement that such appointments will be
made from Communications Center Mmmgers and/or Directors. An alternate member
shall be selected by each City Manager to serve in the absence of the regular member.
Each member of the Adminislxation Committee shall be entitled to one vote. The
Committee shall meet at such times as the Committee deems necessary. The
Admini~qtration Committee shall attend all meetings of the Board. Members shall serve
without compensation ~om PSCC; however, any City may reimburse the member
representing the City for expenses incurred for attendance at meetings. All actions of
the Committee shall be subject to the review and approval of the Board of Directors.
F. It is the intent of this Agreement that the PSCC shall be established with
Local Government and Public Safety radio communications as the main function of
operation. However, the Board of Directors may ~om time to time, subject to the
approval of the governing bodies of all Parties, add additional functions to the system as
it may deem to be in the best interests of the public.
t3. The Administration Committee shall prepare the annual operation budget
for subrni~qsion to the Board of Directors. The Administration Committee shall keep an
accurate accounting of the financial operation of the PSCC and shall report quarterly to
the Board of Directors on the financial condition of the PSCC.
1. The Party, CITY OF DELRAY BEACH's Finance Department shall
act as the lead agency with respect to the admlni.~ative work in
preparing the annual budget, setting up and monitoring necessary
banking accounts and/or special revenue funds, and maintaining funds
for disbursement for the PSCC shared expenses. The CITY OF
PSCC Interlocal 6
Revised 3/17/00
DELRAY BEACH Finance Department shall perform this
admini~qtrative function at no cost to the PSCC or the other Parties.
2. Each Party/City shall independently provide monies and issue
purchase orders for the purchase of user specific items.
3. Each Party/City shall provide monies to the PSCC for the purchase of
shared Backbone items.
4.The CITY OF DELRAY BEACH Finance Department shall maintain
· u ncial records.
It. The annual budget of the PSCC shah be approved by the Board of
Directors and submitted to the City Manag~ ofthe Parties no later than May 1st of
each year. Each annual operating budget of the Cooperative sl~ll be approved by
resolution of the independent governing bodies of each Party. Any unbudgeted financ~
commitments shall also be approved by resolution of governing bodies of each Party.
The first fiscal year of the PSCC shall begin with the effective date of the Agreement,
ending September 30, 1998, and shall thereafter be concurrent with the fiscal years of
the Cities. The annual budget for the first fiscal year of the PSCC shall be prepared and
adopted bythe Board of Directors no later than sixty (60) days following the effective
date of this agreement.
I. The Parties hereby warrant and represent that each has the full legal
authority and financial ability to operate and maintain the shared Backbone items
through the PSCC.
PSCC Interlocal 7
Revised 3/17/00
Section 3. TITLE TO SHARED BACKBONE EQUIPMENT AND
SOFTWARE LICENSES
The PSCC shall bold title to the shared Backbone equipment. Proprietary
sofcvvare required for the operation of the Backbone and user specific equipment shall
be licensed to the PSCC in a manner which will permit its independent use by each
Party, and include appropriate warranties running directly to the PSCC.
Section 4. TORT LIABILITY
To the extent permitted by law, each Party, the CITY OF BOCA RATON, the
CITY OF DELRAY BEACH, and the CITY OF BOYNTON BEACH shall each be
respons~le for its own negligence. Nothing herein shall be deemed to waive any
immunities granted pursuant to Section 786.28, Florida Statutes.
Section 5. WITHDRAWAL FROM 800 Mltz/UHF TSR SYSTEM
After the contract(s), pursuant to the provisions of Section 1.C. above has been
executed, and installation of the Project has commenced pursuant to such contract(s),
any Party may, upon three (3) years prior written notice, as descn~oed below, withdraw
from the System and terminate their interest in this agreement.
A. There shall be no refund of any payments under this Agreement of the
costs of the shared Backbone equipment or software to a Party should that Party decide
to cease using the Backbone equipment or sofb~vare.
B. If this Interlocal Agreement is terminated by any party, then that party
may remove all User Specific Items purchased solely by it for attachment or addition to
the system, or sell such User Specific Items to the remaining parties at a price to be
negotiated at that time. If such User Specific ~Items are removed, aH removal expenses
shall be the responsib'dity of the removing Party.
PSCC Interlocal
Revised 3/17/00
C. If any Party sells its User Specific Items to an agency that is not a party
to this Interlocal Agreement, that agency shall not become a party by virtue of the
purchase of the equipment.
D. No Party shall remove or disconnect any User Specific Items from the
system that would result or cause the system to malfunction or disrupt service to the
system users.
E. Nothing contained herein shall constitute a waiver of the right of any
Party to damages occasioned by any breach of this Agreement by the other Party.
F. Should any Party elect to withdraw from this Agreement, the other
Parties shall make arrangements to relocate all PSCC equipment situated in the city
limits of the withdrawing Party.
Section 6. ADDITIONAL AGREEMENTS, AMENDMENT
After the Project is completed and the System is operational, no additional
parties, cooperative agencies, or additional expansion of the Backbone System may be
added or deleted from such System without the written approval of the Parties and an
amendment to this Agreement adding such additional party, agency, or additional
expansion to the Backbone System. Upon written consent of the Board of Directors,
individual parties may subcontract services to include talk groups to other government
or regulatory agencies. These services shall not exceed their respective allocation.
Section 7. OPERATION AND MAINTENANCE
The Parties recognize that this Agreement provides for the planning, acquisition
and construction of the Project. The initial cost of certain Radio Backbone equipment
shall be shared equally among the Parties to the agreement. Unless the Parties provide
to the contrary in the subsequent amendment to this Agreement, each Party shall be
PSCC Interlocal 9
Revised 3/17/00
responsible for (i) 100% of the cost of operating and maintaining its User Specific Items
included in the System, and (ii) each Party is respons~le for one-third (1/3) of the cost
of operating and maintaining the shared Backbone equipment. After appropriation and
budgeting of funds by the Parties, payment to the PSCC for the cost of operating and
maintaining the shared Backbone equipment shall be made annually. The budget
distributed to the City Managers of the Parties shall be based upon the good faith,
written calculations made by the-Project Coordinator. The Parties shall have a fight to
examine the records used by the Project Coordinator in making the calculations upon
which payment by the Parties to the PSCC for maintenance and operating expense of
the Backbone equipment will be based. The PSCC shall insure funds collected are
disbursed to the maintenance vendor.
Section 8. AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing executed by
the Parties, and approved by resolution of the independent governing body of each
Party.
Section 9. MISCELLANEOUS PROVISIONS
1. Each person signing this Addendum on behalf of either party
individually warrants that he or she has full legal power to execute this Addendum on
behalf of the party for whom he or she is si~ing, and to bind and obligate such party
with respect to all provisions contained in this Addendum.
2. The captions and section designations herein set forth are for
convenience only and shah have no substantive meaning.
PSCC Interlocal 10
Revised 3/17/00
3. Any notice govern pursuant to the terms of this Interlocal Agreement
shall be in writing and hand-delivered or sent by certified mail, return receipt requested.
Notice shall be sent to each City Manager of the Parties.
4. If any terms or provision of this Interlocal Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal Agreement, or the application of such
term or provision, to any person or circumstance other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision of
this Interlocal Agreement shall be deemed valid and enforceable to the extent permitted
bylaw.
5. This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce this Interlocal agreement shall be held in
Palm Beach County, Florida.
6. This Interlocal Agreement represents the entire understanding of the
Parties, and supersedes all other negotiations, representations or agreements, either
written or oral, relating to this Interloeal Agreement. None of the provisions, terms and
conditions contained herein may be added to, modified, superseded or otherwise altered,
except by written instnnnent executed by the Parties hereto.
7. Ali provisions of this Agreement calling for the expenditure of ad
valorem tax money by any Party is subject to annual budgetary funding, and should any
Party involuntarily fail to fund any of their respective obligations pursuant to this
Agreement, this Agreement may be terminated as to that party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed the day and year first above written.
PSCC Interlocal 11
Revised 3/17/00
CITY OF BOCA RATON
Attest:
Carol G. Hanson
Mayor of Boca Raton, Florida
Date
City Clerk, City of Boca Raton
Approved as to Form and Legality
City Attorney
Boca Ratorg Florida
ffff?.ON BEACH
J~y~ro~g' ' '' ' ' ~a~t~/~
Mayor of Boynton Beach, Florida
PSCC Intexlocal
Revised 3/17/00
12
Approved as to Form and Legality
t~'.City Attorney
Delray Beach, Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this __ day of
,2000, by Mayor , on behalf of
the City of Boca Raton. He/she is personally known to me or has produced
as identification and did/did not take an oath.
Notary Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this day of
,2000, by Mayor , on behalf of
the City of Boynton Beach. He/she is personally known to me or has produced
as identification and did/did not take an oath.
Notary Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
~~.~ foregoing instrument was ackt)qwledgecJ, before me this ,~1 ~' day of
,2000, by Mayor (~g_~l~.~, , on behalf of
the City of Delmy Beach. H~e/she is per~ kno~wn to m~e or has produced
as identification and did/did not take an oath.
.. 0m&
My Commission Expires:
PSCC Interlocal 13
Revised 3/17/00
COMMm~ON # C:C782~
EXPIRES OCT 16, 2002
ADVA~AGE NOTARY