R01-338 RESOLUTION NO. R 01 - :~:3~t
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 BOYNTON
BEACH AND THE BOARD OF COUNTY
COMMISSIONERS, PALM BEACH COUNTY,
ESTABLISHING THE CITY AS FISCAL AGENT FOR
THE MPSCC COM2dLrNICATIONS PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
Wl~EREAS, the Municipal Public Safety Communications Consortium
(MPSCC) was formed through the cooperative efforts of the Criminal Justice
Commission (CJC) and :various municipalities to plan and implement an interoperable
Countywide municipal public safety radio communications system; and
WI-IEREAS, the County through its Criminal Justice commission (CJC)
~dministers the Federal Local Law Enforcement Block Grant (LLEBG); and
WHEREAS, the City has agreed to serve as the fiscal agent for the MPSCC's
· adio communication system project, and will administer all of the financial, procaremem
and contracl management aspects of the federal LLEBG grant funds on behalf of the
MPSCC; and
WHEREAS, the county agrees to reimburse the City utilizing federal LLEBG
imds for the costs of necessary servmes, including but not limited to contractual
obligations, capital equipment acquisition, operating expenses and personnel costs in a
total amount not to exceed $350,000, which payment shall constitute the entire financial
obligation on behalf of the County for the period commencing 10/1/01 and terminating on
9/30/03;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
9F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section l. Each Whereas clause set forth above is true and correct
and incorporated herein by this reference.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
Interlocal Agreement between the City of Boynton Beach and The Board of County
Commissioners, Palm Beach County, which Agreement is attached hereto as Exhibit "A".
That this Resolution shall become effective immediately upon
Section 3.
~assage.
PASSED AND ADOPTED this
ATTEST:
day of December, 2001.
Commissioner
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND THE BOARD OF COUNTY COMMISSIONERS,
PALM BEACH COUNTY, FLORIDA,
ESTABLISHING THE CITY AS FISCAL AGENT
FOR THE MPSCC COMMUNICATIONS PROJECT
THIS INTERLOCAL AGREEMENT is entered into this __ day of December, 2001 by and between~ the
City of Boynton Beach, a municipal corporation, located at 100 E. Boynton Beach Bou
Beach, Florida 33425 (herein referred to as the "CITY") and the Board of County
located at 30t North Olive Avenue, West Palm Beach, Florida, 33401, Palm Beach
(herein referred to as the COUNTY).
WITNESSETH:
[evard, Boynton
Commissioners,
Uounty, Florida
WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interloca~ Cooperation
Act of 1969, authorizes local governmental units to make the most efficient use of tl tek powers by
enabling them to cooperate with other localities on a basis of mutual advantage and ~tereby 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
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agenmes as defined therein to
enter into intertocal agreements with each other to exercise jointly any power, privil,ege, or authority
which such agencies share in common and wh/ch each might exercise separately;
!
WHEREAS, the COUNTY through its Criminal Justice Commission (CJC) administers the Federal,
Local Law Enforcement Block Grant (LLEBG); and
WHEREAS, the purpose of the LLEBG is to provide local units of government with funds to
underwrite projects to reduce crime and improve public safety; and
WHEREAS, it has been determined that the planning and development o fan interoperable Countywide
municipal public safety communications system will allow municipal public safety a~encies to improve
their provision of public safety services by virtue of enhanced inter-agency communications and
cooperation; and
WIt-EREAS, the Municipal Public Safety Communications Consortium (MPSCC) was formed through
the cooperative efforts of the CJC and the various municipalities to plan and implement an interoperable
Countywide municipal public safety radio communications system; and
WREREAS, the CITY has joined 22 other municipalities located within Palm Bea~
the MPSCC and the CITY has long been involved with the improvement
communications; and
Page 1 of 5
h County to form
of public safety
WItEREAS, it is mutually beneficial to the CITY and the COUNTY for the CITY to assist the MPSCC
by acting as its fiscal agent in order to further the progress of the communications project;
NOW, TI-IEREFORE, in consideration of the mutual covenants, promises and representations herein, the
parties hereto agree as follows:
SECTION 1.PURPOSE
Bo
Co
The CITY agrees that it shall serve as the fiscal agent for the Municipal Public Safer3
Consortium's communications project. As fiscal agent, the CITY will administer ~
procurement and contract management aspects of the federal LLEBG grant fund~
Consortium. The COUNTY agrees to reimburse the CITY u61izlng federal LLEBG fu
necessary services, including but not limited to contractual obligations, capital equi
operating expenses.and personnelcosts ina total amount not to exceed Three Hunch
Communications
1 of the financial,
on b~half of the
~ds for the costs of
ment acqnisition,
~d Fifty Thousand
Dollars ($350,000) which Paymem shall constitute the entire financial obligatio~ on behalf of the
COUNTY for the p. erio~, commencing on.Omber 1, 2001 and terminating on September 30, 2003 as
contained in Exhiblt "A" incorporated herein by reference.
This Agreement shall be retroactive and etTectiVe as of the first day of October 2001 and shall terminate
on the thirtieth day of September 2003, unless'otherwise t~tminated as herein provided.
The CITY shall submit monthly invoices, as necessary, to the COUNTY, which will include a
reference to this Agreement, identify th? project and identify the mount due and pwyable to the
CITY. Invoices shall be itemized insufficient detail for prepayment audit thereof. The CITY shall
supply any further documentation deemed necessary by the COUNTY. Invoices rec ~ived from the
CITY will be reviewed and approved by the COUNTY'S CJC Executive Director, a ho shall approve
said invoices indicating that expe!iditure has been made in conformity with this AS cement and then
will be sent to the coUNTy Finance Department for payment
SECTION 2.GENERAL TERMS AND CONDITIONS'
A. Both the COUNTY and the CITY agree, to be governed by this Agreement, as well
and Federal laws, rules and regulations including those related to the Local Law E
Grant.
B. ModificationofthisAgreementmayberequestedbyeitherparty. Changes which a
s applicable State
fforcement Block
mutually agreed
upon shall be valid only when reduced to writing, duly signed by each party's representative and attached
to the original Agreement.
SECTION 3.LIABILITY
A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.2~
for its own negligent acts or omissions or tortuous acts which result in claims o]
COUNTY and agrees to be liable to the limits set forth in Section 768.28, Florida
damages proximately caused by said acts or omissions. Nothing herein is intended to s
Page2 of 5
, Florida Statutes,
suits against the
Statutes, for any
;rye as a waiver of
sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed
as consent by a State agency or subdivision of the State 0fFlorida to be sued by third parties in any matter
arising out of any contract.
B. The COUNTY, as political subdivision of the State, agrees to be fully responsible as se
768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which r
suits against the CITY, and shall be liable to the limits set forth in Section 768.28, Flori(
damages proximately caused by said acts or omissions. Nothing herein is intended to se
sovereign immunity by the COUNTY to which sovereign immunity applies. Nothln
construed~as consent m be sued by third parties in any matter arising out of any contra~
forth in Section
,~sult in claims or
.a Statute for any
ye as a waiver of
; herein shall be
SECTION 4;TERMINATION
This Agreement may be terminated without cause by either party to this Agreement upon
(180) days written notice to the other party.
SECTION 5.NOTICE AND CONTACT
A. AIl notices provided under or pursuant to the Agreement shail be in writing, delivered
by first class, certified mail, remm receipt requested, to. the representatives identi~
address set forth below.
For the COUNTY:
Ms. L. Diana Cunningham
Executive Director
Criminal Justice Commission
301 N. Olive Ave., Suite 1001
West Palm Beacl~ Florida 33401
For the CITY:
Hr. ~/~lfred Hawk/ns
s~s t C't
100 E. Boynton Beach Blvd.
Boymon Beach, FL 33425
SECTION 6. AVAILABILITY OF FUNDS
The County's performance and obligation to pay under this agreement is contingent upon ap]
purpose by the Board of County Commissioners.
SECTION 7. ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between the parties,
promises or understandings other than those stated herein.
SECTION 8. INVALIDITY OF CLAUSES
The validity of any portion, article, section, paragraph, provision, clause, or any porti(
Agreement shall have no effect upon the validity of any other part or portion hereof.
Page 3 of 5
hundred eighty
either by hand or
led below at the
'opriations forits
and there are no
thereof of this
SECTION 9. VENUE
To the extent allowed by law, the venue for any action arising fi:om this Agreement shall be in Palm Beach
County~ Florida.
SECTION 10. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement qfthe terms and/or
conditions of this Agreement shall be borne by the respective parties, however, this clause pdrtains only to the
parties to this Agreement.
SECTION 11. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation ofthe constitutional or: ~tutory duties of
the officers ofthe CITY and COUNTY.
SECTION 12. EQUAL OPPORTUNITY PROVISION
The COUNTY and the CITY agree that no person shall, on the grounds of race, color, se~ national origin,
disability, religion, ancesu-y, marital status or sexual orientation be excluded fi:om the ~ merits of, or be
subjected to, any form of discrimination under any activity carried out by the performance of this Agreement.
IN WITNESS wme. REOF, the parties have executed tiffs Agreement as of the date set fo]
ATTEST FOR THE CITY OF BOYNTON BEACH, FLORIDA:
By: ' ~l~te:
~aerald Broening, Mayor
APPROVED 4S TO ~gdV~ AND
By:
Page 4 of 5
it above.
ATTEST FOR PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS:
DOROTHY H. WlLKEN
By: By: ·
Deputy Clerk
Date: Date:
Warren H. Newell Chairman
APPROVED AS TO TERMS
& CONDITIONS
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: By:
Department Director
Assistant County Attorney
Page 5 of 5
Exhibit A
MPSCC FY 2002
LLEGB Budget
Contractual Services*
Salaries**
Legal Services
Insurance
Audit
Equipment
Travel & Training
Total
252,353
15,372
24,000
10,000
5,000
37,275
ooo
350,000
* Exiting Kimball invoice
Project Management
Administration
** Thru Dec 2001
51,653
101,200
99~500
252,353
The of
Boynton Beach
City Clerk's Ojfice
i00 E. Boynton Beach Boulevard
P.O. Box 210
Bqyntan Beach. Florida 33425-05 I 0
56I) 742-6060
FAX: 56I 74:2-6090
December 28, 2001
MR ROBERT MANGOLD
CHAIRMAN
MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH
COUNTY INC, A FLORIDA NOT-FOR-PROFIT CORPORATION
260 Gt I RS TREE DRIVE
ATLANTIS FL 33462
BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dear Mr. Mangold:
Attached hereto are two (2) partially executed original documents that were approved b~ the City
Commission at its meeting on December 18, 2001:
/
1. "Interlocal Agreement between the City of Boynton Beach, Florida and the Board
of~issioners, Palm Beach County, Florid,a, Establishing the City;
~~~MPSCC Communications Project', approved by Resolutk
2. X,,..~I~~~gr~ment Between the City of Boynton Beach, Fliorida and ti
~l~ty Commumcations' Consortium. of,,Palm Beach County, In
///EN~.a~[~h.~3gg~he City,s Fiscal Agent for the Consortium. approved by Resoluti(
It is my unde~"~-~'~rt~-From~llis Dixon, Communications Manager for the City of Boynton B, .~ach, that
you will sign the Co,n, so~tium agreement and ensure that Diana Cunningham gets the Project ~ reement
for Chairman Newells signgture, Please return the fully .executed'original documents to the £ ty Clerk's
Office for our records. IfI. ~an he of any fur~er service, please do not hesitate to contact me
Very truly yours,
Lz~ ~' OF BOYNTON BEACI-k
CMC
k-~-"City Clerk
Attachments
c: Wilfred Hawkins, Communications, Central File
J:\SHRDATA\CC\WP\Letters\Transmittal of MPSCC Agreements (Communications) approved on 12-18-01 doc
"An Equal Opportunity/Affirmative Action/ADA F, mp[oyer"
K ,OI - 33�
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM OF, PALM BEACH COUNTY, INC
ESTABLISHING THE CITY AS FISCAL AGENT
FOR THE CONSORTIUM
THIS INTERLOCAL AGREEMENT is entered into this i8 day of Dec . , 2001 by and between the City
of Boynton Beach, a municipal corporation, located at 100 E. Boynton Boulevard, Boynton Beach,
Florida 33425 (herein referred to as the "CITY ") and the Municipal Public Safety Communications
Consortium of Palm Beach County Inc., a municipal not - for - profit corporation located at 260 Orange
Tree Drive, Atlantis, Florida, 33462, (herein referred to as the "MPSCC ").
WITNESSETH:
WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of
1969, authorizes 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
WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as defined therein to
enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority
which such agencies share in common and which each might exercise separately; and
WHEREAS, the MPSCC is eligible to receive funds from the Federal, Local Law Enforcement Block
Grant (LLEBG); and
WHEREAS, the purpose of the LLEBG is to provide local units of government with funds to
underwrite projects to reduce crime and improve public safety; and
WHEREAS, it has been determined that the planning and development of an interoperable Countywide
municipal public safety communications system will allow municipal public safety agencies to improve
their provision of public safety services by virtue of enhanced inter - agency communications and co-
operation; and
WHEREAS, the Municipal Public Safety Communications Consortium (MPSCC) was formed through
the cooperative efforts of the CJC and the various municipalities to plan and implement an interoperable
Countywide municipal public safety radio communications system; and
WHEREAS, the CITY has joined 23 other municipalities located within Palm Beach County to form
the MPSCC and the CITY has long been involved with the improvement of public safety
communications; and
Page 1 of 4
WHEREAS, it is mutually beneficial to the CITY and the MPSCC for the CITY to assist the MPSCC
by acting as its fiscal agent in order to further the progress of the communications project;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the
parties hereto agree as follows:
SECTION 1.PURPOSE
A. The CITY agrees that it shall serve as the fiscal agent for the Municipal Public Safety Communications
Consortium's communications project. As Fiscal agent, the CITY will administer all of the financial,
procurement and contract management aspects of the federal LLEBG grant funds on behalf of the
Consortium in a total amount not to exceed Three Hundred Fifty Thousand Dollars ($350,000) which
payment shall constitute the entire fmancial obligation on behalf of the MPSCC for the period
commencing on October 1, 2001 and terminating on September 30, 2003 as contained in Exhibit "A"
incorporated herein by reference.
B. This Agreement shall be retroactive and effective as of the first day of October 2001 and shall terminate
the thirtieth day of September 2003, unless otherwise terminated as herein provided.
SECTION 2. GENERAL TERMS AND CONDITIONS
A. Both the CITY and the MPSCC agree to be governed by this Agreement, as well as applicable State and
Federal laws, rules and regulations including those related to the Local Law Enforcement Block Grant.
B. Modification of this Agreement may be requested by either party. Changes which are mutually agreed
upon shall be valid only when reduced to writing, duly signed by each party's representative and attached
to the original Agreement.
SECTION 3. LIABILITY
A. The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes,
for its own negligent acts or omissions or tortuous acts which result in claims or suits against the
MPSCC 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 CITY 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.
B. The MPSCC, as an administrative agency created under the Florida Statutes, agrees to be fully
responsible as set forth in Section 163.01, Florida Statutes, for its own negligent acts or omissions or
tortuous acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in
Section 163.01, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is
intended to serve as a waiver of sovereign immunity by the MPSCC 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.
Page 2 of 4
SECTION 4. TERMINATION
This Agreement may be terminated without cause by either party to this Agreement upon one hundred eighty
(180) days written notice to the other party.
SECTION 5. NOTICE AND CONTACT
A. All notices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or
by first class, certified mail, return receipt requested, to the representatives identified below at the
address set forth below.
For the MPSCC: Mr. Robert Mangold
Chairman
Municipal Public Safety Communications Consortium of Palm Beach
County Inc., a Florida municipal not - for -profit corporation
260 Orange Tree Drive
Atlantis, Florida 33462
Mr. Wilfred Hawkins
For the CITY: Assistant City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
West Palm Beach, FL 33425
SECTION 6. ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no
promises or understandings other than those stated herein.
SECTION 7. INVALIDITY OF CLAUSES
The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this
Agreement shall have no effect upon the validity of any other part or portion hereof.
SECTION 8. VENUE
To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach
County, Florida.
SECTION 9. ATTORNEY'S FEES
Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or
conditions of this Agreement shall be borne by the respective parties, however, this clause pertains only to the
parties to this Agreement.
Page 3 of 4
SECTION 10. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of
the officers of the CITY and MPSCC.
SECTION 11. EQUAL OPPORTUNITY PROVISION
The CITY and the MPSCC 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.
ATTEST FOR THE CITY OF BOYNTON BEACH, FLORIDA:
By: . --, ` - Date: 1a - -01
ald Broening, Mayor
APPROVED AS TO • ..• AND
LEGAL S J' ICI ,
i
By: _ %.�
Ass stant City Attorney
ATTEST FOR THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM
BEACH COUNTY INC., BY THE CHAIRMAN OF THE BOARD OF DIRECTORS:
By: Date:
Robert Mangold, Chairman
Page 4 of 4