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76-ZZ
RESOLUTION NO. 76-ZZ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AGREEMENT TO PARTICIPATE IN "COOPERATIVE DISPATCH CENTER" WITH THE MUNICIPAL- ITIES OF DELRAY BEACH AND BOCA RATON, FLORIDA. WHEREAS~ the Division of Communications of the State Department of General iServices has, pursuant to Florida Statutes Section 28? .29, proposed a complete re- iorganization of the present system of law enforcement communications ut~hzed by lall municipalities in Palm Beach County; and WHEREAS, the aforesaid reorganization calls for the City of Boynton Beach to ibc served by a communications center having the responsibility of operating a central dispatch system for the benefit of the incorporated municipalities having full-time paid law enforcement departments in the South Palm Beach County area; and WHEREAS, the Cities of Boynton Beach, De!ray Beach and Boca Raton, Florida, are desirous of entering into an agreement to participate in the establishment and operation of a "cooperative dispatch center" for the purpose of providing central- !, ?ikzed police communications services and operations without regard to territorial i~icipalities of South Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~IBOYNTON BEACH, FLORIDA: Section 1: That the City of Boynton Beach~ Florida, enter into the Agreement i o participate - cooperative dispatch center with the Cities of Delray Beach and Boca ~aton, Florida, whereby each city agrees to participate in the establishment and ~ioperation of the organization to be known as "cooperative dispatch center", which organization shall have the responsibility of operating a central dispatch system for those agencies participating in the subject property; a copy of said Agreement being annexed hereto and hereby made a part hereof by reference. Section 2: That the City of Boynton Beach will make provision in future fiscal ~ear budgets for its proportional Share of the total operating expenses of said'hoop- erative dispatch center" pursuant lo the provisions of -iSe~on~-l~ of said Agree- ment. Section 3: Tb~t the Mayor and City Clerk of the City of Boynton Beach, Florida, be and they are hereby authorized to act in~ behalf of the City in entering into and executing the aforesaid Agre~t with the Cities of Delray Beach and Boca Raton, Florida. Section 4: This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this --- day of December, A. D. 1976. AT~EST: City Clerk CITY OF BOYNTON BEACH, FLORIDA INTERLOCAL AGREEMENT KO ESTABLISH COOPERATIVE DISPATCH CENTER OF SOUTH PALM BEACH COUNTY THIS AGREEMENT, entered into this day of 1976', by and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH, and the CITY OF BOYNTON BEACH, all Florida municipal corporations located in the County of Palm Beach, hereinafter referred to as the "Cities". W I T N E S S E T H: WHEREAS, each of the Cities presently maintains a police department with police radio communications services and dispatch operations, and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of police communication sevices, and dispatch operations without regard to territorial boundaries, which shall benefit mutually and equally the citizens of each of the Cities; NOW, THEREFORE, Section 1. The Cities, in consideration of the mutual promises and benefits hereinafter set forth, the receipt of which is hereby acknowledged, do hereby agree as follows: 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. B.j The purpose of this Agreement is to provide for the establishment and operation of a cooperative police radio communication center for the mutual advantage of the Cities. C. There is hereby created an administrative agency to be entitled the Cooperative Dispatch Center of South Palm Beach County, hereinafter referred to a "CDC". The CDC shall be a body corporate with the general.powers to: 1. Lease, sublease or be assigned the lease of real property from any political subdivision of the State of Florida; 2. Receive funds, including gift~., grants and bequests, from 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 assignation of a lease; 4. Purchase, lease and install fixtures and moveable property appropriate to a police radio communications center; 5. Enter into contracts in the name of the CDC; and 6. Exercise any other power that may be necessary for the operation of a cooperative police radio communication center or that may hereafter be agreed to by all Cities if within the common powers of all Cities. D. The CDC shall be governed by a board of three persons to be known as the Board of Directors, which shall consist of the chief administrative officer of each City. A chairperson and a secretary shall be selected by and from among the member- ship. 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 CDC; however, any City may reimburse the member representing that City for expenses incurred in the attendance at meetings. Each Board member shall be entitled to one vote. The presence of all members shall be required to constitute a quorum. Action of the Board shall be by vote of not less than a majority of the Board. Each City ~hall select an alternate member of 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 rules and regulations for the conduct of'its meetings as it may deem necessary. The Board shall meet quarterly and at such other times as the membership shall determine. All decisions of the Board shall be published in a set of minutes, which shall be --2-- prepared and distributed to the chief administrative officer and city clerk of each of the Cities within fifteen days following each meeting of the Board. E. The Board of Directors may assign questions relating to the daily administration and operation of the function of the communications center to a committee which shall be known as the Administration Committee. The Administration Committee shall consist of one representative of each City to be appointed by that City's chief administrative officer. It is the intent of this Agreement that such appointments will be made from senior law enforcement officials. An alternate member shall be selected by each City to serve in the absence of the regular member. Each member of the Administration Committee shall be entitled to one vote. The Committee shall meet not less often than monthly at such times as the Committee shall deem necessary. Members shall serve without compensation from CDC; however, any City may reim- burse the member representing the City for expenses incurred in the attendance at meetings. All actions of the Committee shall be subject to the review and approval of the Board of Directors. 1. The Committee shall prepare and submit its recom- mendations to the Board of Directors on the annual budget for each of its functions by a time to be determined by the Board of Directors. 2. The Committee shall prepare and submit an opera- tions manual for the Communications Center to the Board of Directors for review and approval. The operations manual may be amended by the Board upon the recommendation of the Adminis- tration Committee or upon the Board's own motion. E~ It is the intent of this Agreement that the CDC shall be established with central police communications as the main function of operation. However, the Board of Directors may from time to time, subject to the approval of the governing bodies of all participating Cities, add additional functions as it may deem in the best interests of the public. -3- G. The Board of Directors may contract for the provision of an executive director to provide operation management and supervision of the communications system. The compensation and other terms of employment shall be determined by the Board of Directors, subject to approval by all of the participating Cities, and shall be shared by all of the participating Cities as pro- vided in Paragraph J. H. The Board of Directors shall establish the number and qualifications of such other employees as it may deem necessary to efficiently maintain and operate the CDC communication system. The Board may contract with any of the participating Cities for the provision of necessary personnel and personnel services. I. The executive director shall prepare the annual operat- ing budget for submission through the Administration Committee to the Board of Directors. The executive director shall keep an accurate accounting of the financial operation of the CDC and shall report monthly to the Administration Committee the financial condition of the CDC. J. The annual budget of the CDC shall be approved by the Board of Directors and submitted to the chief administrative officers of the Cities not later than July 1 of each year. The first fiscal year of the CDC shall begin with the effective date of this Agreement, ending September 30, 1977, and shall thereafter be concurrent with the fiscal years of the Cities. The annual budget for the first fiscal .year of the CDC shall be prepared and adopted by the Board of Directors not later than thirty days ~ottowing the effective date of this Agreement. The budget shall be funded from available federal and state funds and from local funds on a fair-share system based upon services rendered. In the event that Federal Law Enforcement Administration Agency funds or other' federal or state funds shall -4- no longer be available for the operation of the CDC, each par- ticipating City hereby agrees that all functions of the CDC shall continue to operate oN the basis of equal contributions from participating Cities toward the operational expenses and capital improvement of the CDC, or upon a fair-share system based upon services rendered as may be agreed to by the Cities. K. All improvements, fixtures and moveable property to be constucted or installed at the site of the communications center shall be purchased in the name of the CDC. Upon the termination of the Agreement, any such improvements, fixtures, and moveable property which can be severed without destroying all resale value shall be sold and the proceeds applied toward liabilities of the CDC, if any, or divided equally among all the Cities participating at the time of termination of this Agreement as provided in Paragraph L. L. Upon the termination of this Agreement, all of the assets and liabilities of the CDC shall devolve equally upon all of the Cities participating in the CDC at the time of termination. M. No participating City or any of its respective employees shall be deemed to assume any liability for acts, omissions, or negligence of any other City or its employees, and each shall hold the others harmless from and shall defend the others against any claims for damages resulting therefrom. All liability for injury to personnel and for loss or damage of equipment incurred in connection with this Agreement or in the performance of services or functions pursuant hereto shall be borne by the CDC or the City employing such personnel or owning such equipment, and the Cities and the CDC shall carry sufficient insurance to cover all such liabilities. N. Each participating City shall retain the right to with- draw from the CDC at any time following sixty days written notice to the other participating Cities, and after the effective date of such notice the City will be relieved of any further obligations under this Agreement, except that nothing herein shall be construed -5- to imp~r the ©bligations of any contract then in effect to which that City is a party. O. Any other local governmental agency may become a partici- pant in the CDC upon such terms and conditions as may be agreed to by a majority of the Board of Directors, subject to approval by all of the participating Cities, which terms and conditions shall be incorporated into this Agreement by amendment. Section 2. The term of this Agreement shall be perpetual, and shall take effect after receipt of written approval of the State of Florida Department of Legal Affairs upon the filing of a copy of this Agreement with the clerk of the Circuit Court in and for Palm Beach County, Florida, and the State of Florida Department of Community Affairs. This Agreement may be amended upon the concurrence of all participating Cities in the same manner as the adoption of this Agreement, and any such amendment shall take effect after receipt of written approval of the State of Florida Department of Legal Affsai~s upon the filing of a copy of such amendment with the Clerk of the Circuit Court in and for Palm Beach County, Florida, and the State of Florida Department of Community Affairs. This Agreement shall be terminated upon the adoption of an amendment to that effect by all participating Cities, or in the event that all but one of the participating Cities have withdrawn from the CDC. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed by the duly authorized officers on this day of , 1976. CITY OF BOCA RATON Witnesses: Witnesses: By: CITY OF DELRAY BEACH Witnesses: By: CITY OF BOYNTON BEACH: -6- By: