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R16-127 1 RESOLUTION NO. R16- 127 • 1 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN A FIRST RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH ' COUNTY ADDRESSING THE OPERATIONAL AND MAINTENANCE RESPONSIBILITIES OF THE ii MICROWAVE SYSTEM; AND PROVIDING AN 11 EFFECTIVE DATE. 1P 1 c WHEREAS, on September 3, 2015 the City Commission authorized the Mayor 1 and City Clerk to enter into a Third Amendment to Interlocal Agreement with Palm 1 Beach County outlining the City's use of the County's digital microwave system, which tY g tY tY g 1. extended the expiration date of the Interlocal Agreement to February 4, 2021; and 1 WHEREAS, the purpose of the First Restated Interlocal Agreement is to amend I 1 and restate the Interlocal Agreement and set forth the County and City's fiscal 1 responsibilities with respect to the City's use of the County's microwave system to 20 transport signals to and from the City's 800 MHz trunked radio system to the County's 21 Master Site; and 2 WHEREAS, the City Commission of the City of Boynton Beach deems it to be 2c in the best interests of the citizens and residents of the City of Boynton Beach to enter 21 into a First Restated Interlocal Agreement with Palm Beach County. 2 ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2, OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 2: Section 1. Each Whereas clause set forth above is true and correct and 2 incorporated herein by this reference. � Y 31 Section 2. The City Commission of the City of Boynton Beach, Florida C:\ Users \StanzioneT\AppData\Local \Microsoft \Windows \Temporary Internet Files \ Content. IBS\ TQFSZSNC \First_Restated_Interlocal Agreement_with_PBC_for the_P25 radio_system_- _Reso.doc 31 hereby authorizes and directs the Mayor and City Clerk to sign a First Restated Interlocal 3 ► Agreement for the County and City's fiscal responsibilities with respect to the City's use 3: of the County's microwave system to transport signals to and from the City's 800 MHz 34 trunked radio system to the County's Master Site, a copy of which is attached hereto as 3 Exhibit "A ". 3. Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this 2O day of /riftigM 2016. 3: 3' 4, CITY OF BOYNTON BEACH, FLORIDA 41 4' YES NO 4: 4 Mayor — Steven B. Grant 4 4 Vice Mayor — Mack McCray 4 Commissioner — Justin Katz 4 5 Commissioner — Christina L. Romelus / 5 5 Commissioner — Joe Casello / 53 5i 5. VOTE 5. 5 ATTEST: 5: Sa da 61 417 61 Ju. A. Pyle, CMC 62 I rim City Clerk 6 1 „ ' 6 ( f 6. CPT F 6. (Corporate Seal) A ` Tl, C:\ Users\ StanzioneT \AppData\Local\Microsoft\Windows \Temporary Internet Files \Content.IEMTQFSZSNC\First Restated_Interlocal Agreement_with_PBC_for the P25 radio_system_- _Reso.doc R0• 16 .• 15 81 FIRST RESTATED INTERLO CAL AGREEMENT This Interlocal Agreement is made and entered into NOV 0 12015 , by and between Palm Beach County ("County"), a political subdivision of the State of Florida and the City of Boynton Beach ("City"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 163.01, Florida Statutes (2015), the Florida Interlocal Cooperation Act of 1969 permits 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 of local communities and permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise.separately;and WHEREAS, the County has committed to the purchase, design, installation and operation of a P25 Public Safety Radio System("PSRS") and digital microwave communication system to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general governmental agencies;and WHEREAS, the County and the City entered into a lease agreement between the County, the City and AT&T (R99-311D) dated 2/23/99, ("Lease Agreement") for the County's use of a tower ("Tower Site S-11") located within the municipal limits of the City for the County's microwave and PSRS equipment; and WHEREAS,two(2)Tis will be used by the City; and WHEREAS, the Lease Agreement requires that the County and the City enter into a. separate agreement addressing the operational and maintenance responsibilities of the microwave system;and WHEREAS,the City intends to use the County's microwave system to transport signals between the City and the Master Site; and WHEREAS,the City and County previously entered into an Interlocal Agreement dated February 6, 2001, recorded in the Official Records of Palm Beach County,at OR 12327, Page 1812 pursuant to Resolution R2001-0200 as amended by the First Amendment pursuant to 82006-0554, the Second Amendment pursuant to R2011-0121 and the Third Amendment pursuant to Resolution R2015-1558. Page 1 of 7 NOW TiiEREFORE, in conjunction with the mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1. Purpose The purpose of this Interlocal Agreement is to amend and restate the Interlocal Agreement and set forth the County and the City's fiscal responsibilities with respect to the City's use of the County's microwave system to transport signals to and from the City's 800 MHz trunked radio system to the County's Master Site. This Agreement is to be read and interpreted in conjunction with the Lease Agreement and the Cooperative Agreement and any amendments. The Cooperative Agreement contains fiscal and other obligations of the County and the City with respect to the City's connection to and use of the County's microwave system and together with this Agreement result in the agreement contemplated under Section 10.01 of the Lease Agreement. SECTION 2. Responsibilities 2.01 MICROWAVE. The County will be responsible for the purchase, installation, ownership and physical maintenance and operation of the microwave equipment at the Tower Site S-11. 2.02 The City agrees to pay its fair share of the operation and maintenance costs associated with the Microwave System between the Tower Site S-11 and the County's Master Site, on pro rata basis. The operations and maintenance costs to be included are; system administration costs (which include personnel costs), utilities, equipment, software, and component renewal and replacement costs, and microwave equipment maintenance costs (which maybe out-sourced or performed by the County). 2.03 The costs for the future fiscal year (October 1 —September 30) will be provided by the County to the City by the County Administrator or his or her designee, no later than March annually. The costs shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave system;to reflect actual. 2.01.2 The costs to use the County's microwave,system shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave system to reflect actual costs. The County's estimated annual costs are Microwave System Maintenance costs are $143,000. The City uses three (3) of the fourteen (14) microwave sites. The City uses (2) T-ls to three (3) separate towers. $143,000 x 3/14 x 2/28 =$2,184.98. The annual cost for the microwave use is$2,184.98. Page 2 of 7 2.04 The City shall pay the County,in full, each fiscal year no later than February 1 g. Payment shall be made to: Board of County Commissioners Attn: Electronic Services and Security Division 2633 Vista Parkway West Palm Beach,FL 33411 2.05 The County shall have no obligation to provide a microwave system for the City's use, in the event that the County discontinues use of its microwave system or is not operating microwave equipment at the Tower Site S-11. SECTION 3. 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. The County makes no representations about the capabilities or reliability of the County's microwave system or network equipment. The County's System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgment or supervision of these professionals. Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services rests with the City, which is providing such service, and not with the other party to this Agreement. SECTION 4. Term of Agreement The term of this Agreement shall be as.period of five (5)years from the date of execution ("Effective Date") and may be renewed for four (4), five (5) year periods upon written modification by both parties. SECTION 5. Amendments to this Agreement This Agreement may be amended from time to time by written amendment by all Parties. SECTION 6. Termination This Agreement may be terminated by any party without cause upon one (1) year notice. The Agreement may be terminated for cause by either party upon sixty (60) days notice. This Agreement shall automatically terminate in the event that the County discontinues the operation of the microwave system at the City's Tower Site. Page 3 of 7 In the event that the Cooperative's Interlocal Agreement is terminated, but the Lease Agreement remains in effect, the County and City will amend the Agreement within 60 days of the termination of the Cooperative's Interlocal Agreement to include the remainder of both parties' obligations to the microwave system. SECTION 7. Annual Budget Appropriations The County's and City's performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the City Council. SECTION 8. 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 the receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: Director,Facilities Development&Operations 2633 Vista Parkway West Palm Beach,FL 33411 With a copy to: Radio System Administrator 2633 Vista Parkway West Palm Beach,FL 33411 County Attorney's Office 301 North Olive Avenue West Palm Beach, FL 33402 As to City: City Manager City of Boynton Beach 100 E.Boynton Beach Blvd. Boynton Beach,FL 33435 With a copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach,FL 33435 Page 4 of 7 SECTION 9. 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 10. Filing A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 11. Delegation of Duty. Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. SECTION.12. Palm Beach County Office of the Inspector General Audit Requirements Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-321 —2-440, as may be amended. The Inspector General is authorized with the power to review post,present and proposed County contracts,transactions,accounts and records The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or,anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 —2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. SECTION 13.No Third Party Beneficiary No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. SECTION 14. Non-discrimination Pursuant to Resolution R-2014-1421, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County ahsil not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, color, national origin religion, ancestry, sex, age, familial status, marital status, sexual orientation,gender identity and expression, disability or genetic information. Page 5 of 7 The City has submitted to County a copy of its non-discrimination policy which is consistent with the above paragraph,as contained in Resolution R-2014-1421, as amended,or in the alternative, if the City does not have a written non-discrimination policy, or one that conforms to the County's policy, it has affirmed through a signed statement provided to County that City will conform to the County's non-discrimination policy as provided in R-2014-1421,as amended. (Remainder of the page intentionally left blank) Page 6 of 7 • • IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: R 0 • b 1 5 81 ' Nov 0 1 2016 SHARON R.BOCK ,I\7"" ‘kl„. PALM BEACH COUNTY,a political CLERK&COMPTR _ O: 'r, subdivision of the State of Florida By: ,) yi � �A iv By: A , eputy Cie f 'h, AO. Mary Lou Berger, Mayor APPROVED AS TO FORM AND LEGAL APPROVED AS TO TERMS AND SUFFICIENCY: CONDITIONS: .. By: aril/./ .I” By: th YU. If County • orney/ Audrey olf,Director Facilities Development&Operations ATTEST: CITY OF BOYNTON BEACH,by its City Commissioners By 4 By: 4 t Clerk Stej en Grant, ayor �v� •�►`' Judith A.Pyle Print Dey Clerk Trim APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B ,City Attorn4ir �• '�"�' Page 7of7 cry je4: November 16, 2016 --A,N24 CO ma AZORIO -t)'. use Cr 74 Facilities Development& ' Operations Department Judith A. Pyle, CMC— Interim City Clerk rzp City of Boynton Beach 2633 Vista Parkway City Clerk's Office West Palm Beach,FL 33411 100 E Boynton Beach Blvd. Boynton Beach, FL 33435 Telephone-(561)233-0200 Facsimile-(561)233-0206 RE: First Restated Interlocal Agreement www.pbcgov.com/fdo Dear Ms. Pyle: ■ Enclosed please find a fully executed First Restated Interlocal Agreement between the City of Boynton Beach and Palm Beach County for use of the County's microwave system. Palm Beach County Board of County Commissioners If you have any questions with reference to the above, please do not hesitate to contact us. Mary Lou Berger,Mayor Sinc-rely, Hal R.Valeche,Vice Mayor Paulette Burdick �I I Shelley Vana Te y Hearn Steven L.Abrams Facilities Development & Operations Melissa McKinlay Enclosure (as stated) Priscilla A.Taylor County Administrator Verdenia C.Baker "An Equal Opportunity Affirmative Action Employer"