R00-175RESOLUTION NO. RO 00-/2",.~
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 BETVVEEN
THE CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY, SETTING FORTH THE OPERATION AND
MAINTENANCE RESPONSIBILITIES OF THE CITY
AND THE COUNTY RELATED TO THE SMARTZONE
CONTROLLER AND THE MICROWAVE SYSTEM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach deems it
to be in the best interests of the citizens and residents of the City of Boynton
Beach to enter into an Interlocal Agreement with Palm Beach County, which
addresses the operational and maintenance responsibilities of the SmartZone
Controller and the microwave system;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute an Interlocal
Agreement between the City of Boynton Beach and Palm Beach County, setting
forth the operational and maintenance responsibilities of the SmartZone
Controller and the microwave system, said Agreement being attached hereto as
Exhibit "A".
Section 2. This Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this /~ day of December, 2000.
Commissioner
Commissioner
ATTEST:
City'Clerk
INTERLOCAL AGBEEMENT
This INTERLOCAL AGREEMENT, is made and entered into this __ day of ,2000, by
and between PALM BEACH COUNTY, ("COUNTY") a political subdivision oft. he State of
Florida and the City of BOYNTON BEACH ("CITY"), a municipal corporation existing under
the laws of the State of Florida.
WITNESSETH
WHEREAS, the COUNTY has committed to the purchase, design, installation, and operation
of an 800 MHz Trunked Radio System and digital microwave communications system to
meet the needs of the Palm Beach County Sheriffs 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 CITY entered into a lease agreement with AT&T for the
COUNTY's use of a tower ("Boynton Tower Site'~ located within the municipal limits of the
CITY for the COUNTY's microwave and 800 MHz system equipment; and
WHEREAS, the South Palm Beach County Public Safety Communications Cooperative
("COOPERATIVE')has access to 6 Tls of capacity on the COUNTY's digital microwave
system pursuant to a lease agreement ("LEASE AGREEMENT')between the COUNTY, the
CI~ and AT&T (R99-311D) dated 2/23/99; and
WHEREAS, the COOPERATIVE has decided that the 6Tls will be used by the CITY; and
WHEREAS, the I.FASE AGREEMENT requires that the COUNTY and the crry enter into a
separate agreement addressing the operational and maintenance responsibilities of the
SmartZone Controller and the microwave system; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter into Interlocal
Agreemems to jointly exercise any power, privilege, or authority which such agencies share
in common and which each might exercise separately; and
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 interlocal agreement is to set forth the COUNTY and 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 trtmked radio system to the COUNTY's
SmartZone Controller located at the COUNTY's Prime Site on Forest Hill Blvd. This
Page 1 of 5
Agreement is to be read and interpreted in conjunction with the Interlocal Agreement (R-
2000-0838) with the COOPERATIVE dated 6/20/00 ("COOPERATIVE'S Interlocal
Agreement'~ and any amendments. The COOPERATIVE'S Interlocal 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 The COUNTY witl be responsible for the purchase, installation, ownership and
physical maintenance and operation of the microwave equipment at the Boynton Tower Site
described in I,FASE AGREEMENT.
2.02 The CITY agrees to pay its fair share of the operation and maintenance costs
associated with the Microwave System between the Boynton Tower Site and the COUNTY's
Prime Site, on pro rata basis. The operations and maintenance costs to be included are:
system administration costs (whichincludes personnel costs), utilities, equipment, software,
and component renewal and replacement costs, and microwave equipment maintenance
costs (which may be 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 designee, no later than
March 1", annually. The costs shall be calculated using the following methodology updating
the total system maintenance and admires' tration costs as well as the percemage of total
costs attributable to the microwave system; to reflect actual.
Estimated annual total system maintenance and administration costs are
Assume that microwave system maintenance is 14.37% of the total system
maintenance costs.
CITY uses terminations at two of the 13 tower sites.
CITY uses six Tls/n capacity of the total 28 Tls.
$1,000,000 x .1437 x 2/13 x 6/28 = $4,737 annually
2.04 The CITY shall pay the COUNTY, in full, each fiscal year no later than
February 1't. Payment shall be made to the Board of County Commissioners, 3323
Belverdere Rd., Building 506, Atto: Communications Division, West Palm Beach, Fl, 33406.
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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 CITY's Boynton Tower Site.
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.
SECTION 4: Term of Agreement
The term of this Agreement shall be for a petiod of five (5) years from execution and
may be renewed for four, five (5) year petiod 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 1 year notice.
The Agreement may be terminated for cause by either party upon 60 days notice. This
Agreement shall automatically terminate in the event that the COUNTY discontinues the
operation of microwave system at the CITY's Tower Site.
In the event that the COOPERATIVE'S Interlocal Agreement is terminated, but the
LEASE AGREEMENT remains in effect, the COUNTY and CITY will amend this 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 bythe 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
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the date of receipt, as evidenced by the Return Receipt. All notices shallbe 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
County Attorney's Office
301 North Olive Ave, Suite 601
West Palm Beach, Florida 33402
As to BOYNTON BEACH:
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FI. 33435
With copy to:
Chief of Police
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33435
SECTION 16: Applicable Law/Enforcement Costs
This Agreement shall be gbvemed by the laws of the State of Florida. In any litigation
brought by a party to this Agreement to enforce the terms of tiffs Agreement, each party
shall bear its own costs and attorney's fees incurred in connection therewith.
SECTION 17: 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.
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SECTION 18: Delegation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the
Constitutional or, Statuto~ 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:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
BY: BY:
Legal Suffidency:
Chair
County Attorney
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