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R02-141RESOLUTION R02- ! q I A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDED INTERLOCAL AGREEMENT BETWEEN SOUTH PALM BEACH COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE (BOYNTON BEACH, DELRAY AND BOCA RATON) AND PALM BEACH COL~TY FOR THE USE OF THE COUNTY SMART ZONE SWITCH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Second Amended Interlocal Agreement is designed to standardize the County's Smart Zone Agreement relative to mutual aide, use of specific channels and programming issues; WHEREAS, with the recent inclusion of Palm Beach County Fire Rescue on the 800 HHz system, talk group usage, monitoring and standardization of talk group templates were added. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF, THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Upon recommendation of staff, this Commission does hereby authorize and direct the Mayor and City Clerk to execute the Second Amendment to the Interlocal Agreement between South Palm Beach County Public Safety Communications Cooperative and Palm Beach County, which is attached hereto as Exhibit "A". Section 2 That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this &o day of August. CITY BO ON EACH~ FLORIDA ATTEST: oner ~, C'on~ilsion(~er' R2003 0174 FEB 942003 INTERLOCAL AGREEMENT This Amendment #2 to an INTERLOCAL AGREEMENT, is made and entered into this day of _, 2002, by and between PALM BEACH COUNTY, a political subdivision of the 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 for the establishment and operation of radio communications systems; and WHEREAS, the COUNTY has purchased, designed, installed, and committed to the operation of an 800 MHz Trunked Radio 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 government agencies; and WHEREAS, the COUNTY and the Cities have determined that the ability to provide interoperable systems is critical to the effective and efficient provision of public safety services; and WHEREAS, it has been determined mutually 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 agencies share in common and which each might exercise separately; and WHEREAS, the parties agree that this Amendment #2 is appropriate to update the original Interlocal Agreement, as amended from time to time, and that this amended agreement rescinds and terminates Agreement #2001- 0199,and replaces it in its entirety: NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1: Purpose The purpose of this Agreement is to set forth the parameters under which; 1) 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 COOPERATIVE and 2) identify the use and monitoring requirements for the Common Talk Groups established on the County System. South Hub Amend #2 Last Update. 7/3/02 17 Page 1 of 19 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 Delray 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 SmartZone 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 County Talk Groups: Talk groups established on the County's cmmunication system that are made available to county agencies providing for inter - departmental communications. These talk groups are reserved for particular departments /agencies and only available to outside departments by separate agreements. 2.07 Controller The Controller is the group of equipment components that provide audio routing and control signaling functions required to interface various independent communications system and provides interoperable operations between the individual systems. 2.08 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. 2.09 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 facilities require to house and maintain the system equipment. South Hub Amend #2 Last Update. 7/3/02 17.35 Page 2 of 19 2.10 CSOPAC Communications System and Operations Policy Advisory Committee established to develop policies for the system in which both the COUNTY and the COOPERATIVE participate. 2.11 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. 2.12 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. 2.13 Network Administrator: Is the County staff position responsible for maintenance and administration of the COUNTY system including the Smart Zone Controller. 2.14 North Hub The North Hub is a communications system proposed to be developed by the municipalities in the northern County area. 2.15 Parties All entities that have executed this Agreement which include the COUNTY, BOCA RATON, DELRAY BEACH AND BOYNTON BEACH. 2.16 Prime Site The location of the County's Smart Zone' Controller. 2.17 Radio Alias: The unique name assigned to an operator's radio that displays on the dispatchers console when a radio transmits. 2.18 Roaming Feature A feature of the Smart Zone controller that allows units from specified talk groups to register onto communications systems associated with the Smart Zone controller when beyond the coverage of their primary system. Additionally these talk groups are assigned communications channels on the systems where units registered when there is talk group activity. 2.19 South Hub The South Hub refers to the communications system, facilities and operations proposed by the South Palm Beach County Communications Cooperative. 2.20 System The 800 MHz Trunked Radio system 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 controller located at the prime site. 2.21 System Administrator: An employee within the County's Communication Division of the Department of Facilities Development & operations Department responsible for day to day administration and management of the System and County's designated contact person pursuant to various sections of this Agreement. South Hub Amend #2 Last Update: 7/3/02 17 35 Page 3 of 19 SECTION 3: COUNTY'S 800 MHz Trunked Radio System 3.01 The COUNTY has purchased, installed, and operates a Smart Zone"' 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. 3.02 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 (which includes personnel costs), utilities, equipment, software and component renewal, replacement costs, and controller maintenance costs (which may be out - sourced or performed by the County). The COOPERATIVE'S maintenance costs are calculated in Section 5.01 and 5.012 of this Agreement. 3.03 COOPERATIVE will be solely responsible for any and all permitting and /or licensing costs associated with its use of the Controller. 3.04 COOPERATIVE will be solely responsible for any and all costs associated with the purchase of equipment components, modules, interfacing hardware and the installation services required to utilize the Smart Zone "' Controller. 3.05 The COOPERATIVE agrees that only the COUNTY will connect to, expand, or otherwise modify System components which are 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 financially 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. 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 digital 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 the 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 and that 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. 4.012 If Delray Beach and Boca Raton subsequently decide to utilize the Microwave System directly from their respective systems to the COUNTY's Prime Site, the individual City will be totally responsible for all costs associated with the purchase, installation, ownership, operations and maintenance of equipment solely for its benefit. South Hub Amend #2 Last Update: 7/3/02 17 35 Page 4 of 19 The provisions of Section 4.03 will also then apply to Delray Beach and /or Boca Raton. 4.02 COOPERATIVE will be solely responsible for all costs associated with interfaces between the Microwave System or the commercial telephone system and the COOPERATIVE's radio system. 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. COOPERATIVE will fund such actions to be undertaken by the COUNTY on the COOPERATIVE's behalf, and pursuant to the terms of this Agreement. SECTION 5: COOPERATIVE's Maintenance and Administration Costs 5.01 The COOPERATIVE shall pay an annual maintenance and administration fee based on the following percentage of staff and material costs. The costs provided below present as not to exceed cost through October 2003. The costs for agencies using the Smart Zone Controller are derived as follow: the capped Estimate 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 based on the number of active talk groups for each agency. As additional non - County users connect directly to the Smart Zone Controller, the COOPERATIVE'S percentage of the total cost will reduce. Estimated Annual Annual Staff or Materials Cost Percent Cost Network Administrator $75,000 20% $15,000 Network Engineer $67,000 10% $ 6,700 Field Engineer $50,500 10% $ 5,050 Data Entry $25,000 10% $ 2,500 Parts /Supplies /Software $50,000 30% $15,000 Total $44,250 5.011 The COUNTY reserves the right to charge the COOPERATIVE on a time and materials basis for the after hours emergency trouble reports that are not the result of a failure of the Smart Zone Controller, the Ambassador switch, microwave system or related subsystems or software. 5.02 The COUNTY shall inform the COOPERATIVE of any adjustments to the maintenance administration costs each year during 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 invoice for payment in October and payment shall be due November 30` 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 administrative costs. Using the allocation methodology described in this Agreement, the costs contained in Section 501 can be modified annually based on a letter agreement executed by the County Administrator (of his designee) and the Chairman of the COOPERATIVE. South Hub Amend #2 Last Update: 7/3/02 17 Page 5 of 19 5.03 The COOPERATIVE shall provide to the COUNTY copies of their software licenses for the use of the Smart Zone 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). 5.04 The COOPERATIVE shall have the authority to connect and utilize the features and capabilities of the Smart Zone 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 Agreement. 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. 5.05 The COUNTY shall attempt to notify the COOERATIVE a minimum of seventy two hours in advance of all scheduled interruptions of the Smart Zone Controller's capabilities. The COUNTY shall make every effort to limit scheduled interruptions of the Smart Zone Controller service to no longer than ninety minutes. Scheduled interruptions of service shall occur between 2:00 a.m. and 6:00 a.m. whenever possible. 5.06 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. 5.07 The COOPERATIVE shall have the authority to utilize 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 the radio systems of the COOPERATIVE 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 system nor from the COUNTY system onto the COOPERATIVE systems. South Hub Amend #2 Last Update: 7/3/02 17.35 Page 6 of 19 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. SECTION 8: COUNTY'S Obligations to 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 COOPERATIVE's System. 8.02 After system acceptance warranty expiration, the COUNTY shall provide a response by a qualified technician to failures of Smart Zone 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 Smart Zone functionality to full operation without delay. 8.03 COOPERATIVE shall give the COUNTY twenty four hours notice of the need to access the Smart Zone Controller facility for routine maintenance or installation of COOPERATIVE equipment. 8.04 COOPERATIVE 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 procedures established for the System. SECTION 9: Utilization of Countywide Common Talk Groups 9.01 The EMS Talk Groups were implemented specifically for emergency medical communications between the emergency providers and hospitals in and around Palm Beach County. The usage of the talk groups are defined below. 9.011 Scenario of Usage 1. A field unit requesting communication with a hospital will request communication with a hospital through the Palm Beach County EMS Dispatch Center on the MED Control Talk Group. 2. The EMS Dispatch Center will assign the unused MED Talk Group and request the field unit switch to the appropriate MED Talk Group. 3. The EMS Dispatch Center will contact the hospital and perform a console patch between the Hospital Talk Group and the corresponding MED Talk Group uniting the field unit and the hospital. The units will commence communication with dispatch intervention. 4. At the conclusion of the communication, the Dispatch Center will break the patch between the talk groups and return the MED Talk Group back to the pool for other users. South Hub Amend #2 Last Update: 7/3/02 17 35 Page 7 of 19 9.02 The Common Talk Groups were implemented specifically for inter- agency communication among multiple agencies, regardless of their specific discipline or affiliation. They were also created to allow communications between agencies without requiring cross - programming operational talk groups in each agencies radios. Proper usage of the Common Talk Groups are defined below. 9 021 Scenario of usage: 1. A unit requesting to coordinate a multi jurisdictional operation or call for mutual assistance, places a call on the Call Talk Group for the appropriate discipline (ie. Law Enforcement, Fire Rescue, or Local Government) to the dispatch center of the required agency(ies). 2. The responding dispatch center assigns one of the Common Talk Groups to the requesting unit and contacts its agency's unit(s) and request the user switch to the corresponding talk group. 3. The participating units would communicate on the Common Talk Group(s) and upon completion of the operation, the talk -group is cleared of all radio traffic and put back into the pool for other agencies. 9 022 Examples of approved usage for Common Talk Group are following: 1. Working talk group for multiple agencies fighting a fire together. 2 Coordination during a police chase through multiple jurisdictions. 3. Coordination during disaster recovery. 4. Coordination for a special event which requires participation of multiple agencies and disciplines. (i.e.. undercover operations, investigations, perimeter communications, fire ground coordination, etc.) 5. Coordination for scene security and establishment of landing zone for aircraft. In addition, the Common Talk Groups could be used by any agency experiencing catastrophic failures of their own communication system for a predetermined amount of time. A request to utilize the Common Talk Groups for this situation requires permission of the System Administrator. Once approved by the System Administrator, the Common Talk Groups could be temporanly utilized until repair of the agency's communication system is complete. South Hub Amend #2 Last Update. 7/3/02 17 35 Page 8 of 19 9 03 The Common Talk Groups shall not be used for every-day routine communications. 9.031 Examples of improper use are the following: 1. As an extra talk group for agencies that have cross programming agreements and duplicate talk groups programmed into their radios. 2. To provide an extra working talk -group for a single agency supporting a special event or operation. (i e.. undercover operations, investigations, perimeter communications, fire ground coordination, etc.) 3. As an additional dispatch, administrative, or car -to car talk -group for use by a single agency. SECTION 10: Frequencies The Parties agree that the frequencies held by Palm Beach 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 11: 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 12: 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 not be renewed at any time in the future, the provisions of the termination clause shall apply. SECTION 13: Amendments to this Agreement 13.01 This Agreement may be amended from time to time by written amendment by all Parties. 13.02 In the future, 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 4 and 7 of this Agreement. South Hub Amend #2 Last Update: 7/3/02 17 Page 9 of 19 SECTION 14: Termination 14.01 The COUNTY can only terminate this Agreement as a result of any default of the COOPERATIVE pursuant to this Agreement. 14.02 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 15: Administration 15.01 The Palm Beach County Communications Divisions is charged with responsibility for administering the System. Within the Communications Division a position with the title of 800 MHz System Administrator will be the City's day to day contact and can be reached at 561- 233 -4417. The Communications Division is staffed from 0800 to 1700 hours Monday through Friday, excluding County holidays. After hours emergency contact can be made through the County's Fire Rescue Dispatch Center at 561- 712 -6550 and the appropriate contact will be made. 15.02 The administrative policies for the SmartZone Controller shall be established by the CRSSC. The COUNTY and the COOPERATIVE agree to abide by the policies so established. 15.03 The COOPERATIVE shall assign representative to attend the User Committee meetings for each of the law enforcement, fire 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 of the CRSSC for final approval. 15.04 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 CRSSC shall have the authority to direct the Network Administrator to implement modification to the network including disabling units or disabling access to the System. 15.05 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 employees by the Cities of the COOPERATIVE shall be considered authorized to receive access and programming codes for the maintenance of their agencies' radio equipment. Commercial service providers are not considered authorized to receive access of programming codes for the COUNTY's 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 may be released to these companies. South Hub Amend #2 Last Update: 7/3/02 17 35 Page 10 of 19 15.06 Commercial maintenance service providers are not considered authorized to receive access or programming codes for the County system, unless meeting the requirements of Section 15.061 and /or 15.062 below. If the City does not have employees capable of programming City radio equipment or prefers to have others program City radio equipment, it may request that the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications program City radio equipment under the terms of a separate agreement. 15.061 If the City uses a commercial service provider to program City radio equipment at the time of execution of this Agreement and desires that the commercial service provider program the City radio equipment with the Common Talk Groups, the City must submit its existing contract with the commercial service provider to the System Administrator for review. The review will focus on whether the contract terms between the City and the commercial service provider are adequate to protect the County's radio system from mis -use, harm or release of access and programming codes to unauthorized persons. Notwithstanding the previous statement, the County retains the right, in its sole opinion with or without written reason or cause, to approve the use of a commercial service provider. If approved, the System Administrator will release the access and programming codes to the commercial service provider. The City will be responsible for ensuring that the commercial service provider adheres to the terms of this Agreement pertaining to the proper use of the programming codes and radio equipment use. If not approved, the City shall use either the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications Division to program City radio equipment with Common Talk Groups. 15.062 If the City intends on using a commercial service provider to program City radio equipment with the Common Talk Groups, the City shall submit the appropriate bid documents /contract to the System Administrator for approval prior to soliciting a bid or quote from the commercial service provider. The System Administrator will work with the City to develop the appropriate language for the contract which will allow for approval of the commercial service provider. Notwithstanding the previous statement, the County retains the right, in its sole opinion with or without written reason or cause, to approve the use of a commercial service provider. If approved, the System Administrator will release the access and programming codes to the commercial service provider. The City will be responsible for ensuring that the commercial service provider adheres to the terms of this Agreement pertaining to the proper use of the programming codes and radio equipment use. If not approved, the City shall use either the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue or Palm Beach County Communications Division to program City radio equipment with Common Talk Groups. 15.07 The City is solely responsible for the performance and the operation of City equipment and any damages or liability resulting from the use thereof. Should the County identify malfunctioning City owned equipment, the County will request the City to discontinue use of the specific device until repairs South Hub Amend #2 Last Update: 7/3/02 17.35 Page 11 of 19 are completed The County may, at it's discretion, disable the equipment from the system after properly notifying the City in writing if the device is causing interference to the system 15.08 In the case of stolen or lost equipment, the contact person identified in Section 15 Olwill notify the System Administrator by e -mail or fax authorizing the System Administrator to disable the equipment. The authorization shall provide the County issued individual unit ID number and the serial number of the radio. The System Administrator will advise back via e-mail when the radio has been disabled. A request by the City to re- activate a disabled radio will also be required in writing by e -mail or fax to the System Administrator. 15.09 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. 15.10 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. 15.11 The COOPERATIVE shall be responsible for including the requirements of Section 9 and Section 15.06 of this Agreement in any Agreement with another municipality or agency for communications, dispatch, police or fire rescue services. SECTION 16: 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. SECTION 17: 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 South Hub Amend #2 Last Update: 7/3/02 17 35 Page 12 of 19 County Attorney's Office 301 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, Fl 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, F1. 33444 With copy to: Chief of Police City of Delray Beach 300 W. Atlantic Ave Delray Beach, Fl. 33444 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, Fl. 33435 South Hub Amend #2 Last Update: 7/3/02 17 35 Page 13 of 19 SECTION 18: 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 19: Filing A copy of this Agreement shall be filed by Palm Beach County with the Clerk of the Circuit Court in and for Palm Beach County. SECTION 20: 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. ATTEST: 82003 0174 FEB H42103 DOROTHY H. WILKEN NT ' Y • CO "4,, PALM BEACH COUNTY, FLORIDA BY ITS V' M g •'�'' BOARD OF COUNTY COMMISSIONERS • ■\• A cy % O BY: 444 40 C . BY: 04 A U ' � , Q ' •',a Chair Karen Deputy GiOtk * .. • ' G _�_ t wan AS TO FORM AND LEGAL SUFFICIENCY AS TO TERMS AND CONDITIONS: BY: 0/__ BY: County Attorn Dir. Facilities Dev & Ops South Hub Amend #2 Last Update: 7/3/02 17.35 Page 14 of 19 CITY OF BOCA RATON, Clerk CITY OF BOCA RATON, BY ITS CITY COMMISSIONERS B // 1.)“1.4-& BY: Signature of Mayor BY Steven L. Abrams Printed Name of Mayor Legal Sufficiency: City A . A..' South Hub Amend #2 Last Update: 7/3/02 17:35 Page 15 of 19 CITY OF DELRAY BEACH, Clerk CITY OF DELRAY BEACH, BY ITS CITY COMMISSIONERS � � l BY01r . IL't 1 BY: Signature of Mayor BY: N JAL SCN Printed Name of Mayor Legal Sufficiency: City At o rney South Hub Amend #2 Last Update 7/3/02 17 35 Page 16 of 19 CITY OF BOYNTON BEACH, Clerk CITY OF BOYNTON BEACH, BY ITS CITY COMMISSIONERS Ask M ai ,, 6. `g y • BY: _ Signature of Mayor 92°1 i • ....... . BY: onald R. We: 6,4 Vice Ma y or • � R / / / „,, ,-L n ' �� ; 7 \ ���� �� Printed Name of Mayor i Legal Sufficiency: 111. elL ' r----- 6C---' City Attorney 800MHz \south hub 2nd South Hub Amend #2 Last Update: 7/3/02 17 35 Page 17 of 19 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 call - 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 Parameters: 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 law enforcement capacity difference to allow for certain talk groups to have the roaming feature activated. Municipalities proposing South Hub Amend #2 Last Update: 7/3/02 17.35 Page 18 of 19 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. The number of specific city - county talk group to use the roaming feature will be based on an evaluation of all 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 activities 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 SmartZone 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 • South Hub Amend #2 Last Update: 7/3/02 17.35 Page 19 of 19 �'�� cO G \ LOR19 1* January 21, 2008 City Clerk Facilities Development & City of Boynton Beach Operations Department 100 E. Boynton Beach Blvd. 2633 Vista Parkway Boynton Beach, FL 33435 West Palm Beach, FL 33411 -5603 (561) 233-0200 Re: Amendment to Extend Agreement with Palm Beach County for FAx (561) 233 0206 Use of the County's 800 MHz Radio System by the South Palm www pbcgov com/fdo Beach County Communications Cooperative • To the City Clerk, On January 15, 2008, the Board of County Commissioners of Palm Beach Palm Beach County County approved the amendment to extend the South Palm Beach County Board of County Communications Cooperative's agreement for use of the County's radio Commissioners system. Enclosed please find one fully executed amendment for your \ddie L Greene, Chairperson records. Jeff Koons Vice Chair If you have any questions, please feel free to call me at 561/233 -0232 or Karen T Marcus email me at ndolan @pbcgov.com. Robert J Kanpan Sincerely, Mary McCarty Burt Aaronson f Jess R Santamana Nancy J. D e an, Business and Community Agreements Manager Facilities Development & Operations Enclosure County Administrator Robert Weisman c: Audrey Wolf, Director, FD& 0 (w /o attach) Mark Filla, 800 MHz Administrator (w/ attach) 9n Equal Opportunit}^ 4ffirmat,ve fiction Employer" Page 1 of 1 4 11 pnnted on recycled paper R2a4P 0051 AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT to Agreement R2003-0174, dated February 4, 2003, is made as of �, by and between Palm Beach County, a political subdivision of the State of Florida, h na ter reeretf r ed to as the County, and the cites of Boca Raton, Delray Beach and Boynton Beach, each a separate municipal corporation existing under the laws of the State of Florida and hereinafter collectively referred to as the Cities. In consideration of the mutual promises contained herem, the County and the Cities agree as follows: 1. The term of Agreement R2003 -0174, set to expire on February 4, 2008, shall be extended to February 4, 2011. 2. All other terms of Agreement R2003 -0174 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and the Cities have hereunto set their hands the day and year above written. SHARON R. BOCK, PALM BEACH COUNTY, FLORIDA BY ITS CLERK & COMPTROLLER -;�� '" , BOARD OF COUNTY COMMISSIONERS By i � � '� :� By a 4ciiL 0 gl Deputy C j Addie L. Greene, Chairperson AP ' • VED AS TO FORM APPROVED AS TO TERMS • EGAL SUFFICIENT^ AND CONDITIONS B. ifi • 4 By: / Asst. County A or ey Director aciliti4 Dev & Operations Renewal Amendment to Hub Connect Page 1 of 4 04/11/07 ATTEST: CITY OF BOCA RATON, FLORIDA, BY ITS CITY COMMISSIONERS / f B • C1 /,lA tLJ By: '~ City Clerk Steven L. Abrams, Mayor APPROVED AS TO LEGAL SUFFICIENCY: ' . i ttory Renewal Amendment to Hub Connect Page 2 of 4 04/11/07 ATTEST: CITY OF DELRAY BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: \) . \V By: .4e 2 City Clerk Rita Ellis, Mayor APPROVED 0 LEGAL SUFFICIENCY: - L 0 Attorney Renewal Amendment to Hub Connect Page 3 of 4 04/11/07 ATTEST: CITY OF BOYNTON BEACH, FLORIDA, BY ITS CITY COMMISSIONERS By: 1 y� t 0 ` + ' 1 ti ' ( B - ----�� City erk Jerry T lor, or APPROVED AS TO LEGAL SUFFICIENCY: City%Attorney Renewal Amendment to Hub Connect Page 4 of 4 04/11/07