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R03-124RESOLUTION NO. R 03 - ! ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM FOR THE CONSTRUCTION AND IMPLEMENTATION OF A COUNTYWDE INTEROPERABLE RADIO COMMUNICATIONS SYSTEM; AND PROVDING FOR AN EFFECTIVE DATE. WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC") was formed through the cooperative efforts of the various municipalities to plan and implement an interoperable countywide municipal public safety radio communications system (the "Communications Project"), and WltEREAS, pursuant to Resolution 02-064, dated April 16, 2002, the City of Boynton Beach (the "City") agreed to commit certain of its funds to the MPSCC for the Communications Project; and WHEREAS, the implementation of an interoperable countywide municipal public safety communications system will allow municipal public safety agencies to improve the provision of services by virtue of enhanced interagency communication and cooperation; and WHEREAS, the MPSCC has now provided the City with its 2003-2004 capital budget which includes a plan to incur indebtedness in order to finance the cost of acquisition, equipping and construction of the Communications Project (the "Debt Financing"); and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed finalized plans for a municipal countywide interoperable Communications Project network, has received proposals, and has selected M/A-COM Inc. as its vendor, which has been approved by the State of Florida, Office of Technology, as required by Section 282.111 (5), Florida Statutes; and WHEREAS, Section 318.21 (9), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida to use $12.50 from each moving traffic violation (the "$12.50 Money") to fund that county's participation in a communications program; and WHEREAS, a portion of the $12.50 Money collected by Palm Beach County, Florida is from violations which are written by the City's municipal law enforcement officers within the City; and WHEREAS, the Board of County Commissioners of Palm Beach County, pursuant to County Resolutions 92-1187, 99-1205, 99-2343, and 2002-0192, has allocated a portion of the $12.50 Money generated by municipalities for their benefit to encourage the interoperability of municipal communications systems, thereby enhancing the County's Intergovernmental Communications Plan; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and WHEREAS, the City and the MPSCC both desire to move forward with the construction of a supplemental and enhancement to the County's interoperable countywide radio network through the Debt Financing and construction of the Communications Project and to give final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and WHEREAS, the City has been requested by the MPSCC to execute and deliver a First Amendment to Interlocal Agreement (the "First Amendment to Interlocal") in order to amend and clarify certain provisions of the Interlocal Agreement; and 'WHEREAS, pursuant to Resolution 02-064, the City agreed to pledge and assign its share of the $12.50 Money, less $150.00 per radio used by the City as of January 1st of the applicable calendar year, to the MPSCC to pay debt service on the Debt Financing, contingent MPSCC securing financing for the interoperable 800MHZ radio system, contracting with M/A Com to provide said system, and contracting with Palm Beach County to leas said system, as set forth in Section 9 of the First Amendment to Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City of Boynton Beach, Florida, as a member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. Section 3. The City hereby ratifies and reaffirms Resolution 02-064, and irrevocably pledges and commits its share and allocation of the $12.50 Money, less $150.00 per radio used by the City as of January 1st of the applicable calendar year, as provided in City Resolution 02-064 to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed fifteen years from the date of issuance of such Debt Financing, and assigns its portion of the $12.50 Money to the MPSCC, contingent on the MPSCC securing financing for the interoperable 800 MHZ radio system, contracting with M/A Com to provide said system, and contracting with Palm Beach County to lease said system, as set forth in Section 9 of the First Amendment to Interlocal Agreement. SECTION 4. The City requests and directs that the County provide the City's portion of the $12.50 Money, as so assigned and pledged, to the MPSCC for debt service payments on the Debt Financing. SECTION 5. In order to secure the payment of the principal and the interest on the Debt Financing herein authorized, and in order to further secure the performance and observance of all of the covenants, agreements and conditions in said Debt Financing, the execution and delivery of the First Amendment to the Interlocal, which is attached hereto as Exhibit "A" is hereby authorized. The form of the First Amendment to Interlocal is hereby approved, subject to such changes, insertions and omissions and such filling of blanks therein as may be approved and made in such form of first Amendment to Interlocal, including any changes, insertions or omissions recommended by the City Attorney, bond counsel to MPSCC, counsel to the MPSCC, or by the officers of the City executing same, in a manner consistent with the provisions of this Resolution, such execution to be conclusive evidence of such approval. SECTION 6. The City waves its right to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement and acknowledged receipt of and hereby approves the MPSCC capital budget. SECTION 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 8. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION9. This Resolution shall adoption. PASSED AND ADOPTED this become effective immediately upon __ day of July 2003. CITY ~ BO ~YNfiTO~ BF~CH, FL, ORIDA Commissioner Ko3- a FIRST AMENDMENT TO INTERLOCAL AGREEMENT This First Amendment to the Interlocal Agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (hereinafter referred to as "MPSCC") is made and entered into this [~' day of JLI, I~ , 2003, by and between the municipalities of Atlantis, Boynton Beach, Greenacres, Juno Beach, Jupiter, Lake Worth, Lantana, Manalapan, North Palm Beach, Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, South Palm Beach, Tequesta and West Palm Beach; each of which is a Florida municipal corporation located in Palm Beach County, Florida, and of each of which is referred to as a "participating member" of the MPSCC. WHEREAS, the participating members have previously entered into an interlocal agreement establishing the Municipal Public Safety Communications Consortium of Palm Beach County (MPSCC), said agreement hereinafter being referred to as the "Interlocal Agreement", and WHEREAS, each of the participating members presently maintains a police or fire department utilizing radio communications, and WHEREAS, pursuant to the Interlocal Agreement the respective police, fzre and other local government departments of the participating members will be able to communicate with each other and with other public safety agencies in Palm Beach County, ensuring countywide interoperability of radio communications and proving for the efficient communication of public safety concerns, ("The Communications Project"), and WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969", authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs of the local communities, and WHEREAS, the MPSCC has, in accordance with the Interlocal Agreement, facilitated the development of a county-wide interoperable radio communication service for the use of various public safety agencies in Palm Beach County, and WHERAS, the state technology office has approved the implementation of the MPSCC's proposed Open Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach County, and WHEREAS, Palm Beach County has agreed, as set forth in County Resolutions 92-1187, 99-1205, 99-2343 and 2002-0192, that the $12.50 funds collected pursuant to F.S. 318.21 by the members of the MPSCC may be utilized by the MPSCC for this proposed interoperable radio system, and WHEREAS, the MPSCC has solicited and received proposals to establish an interoperable radio communication system which will provide access to the 800MHZ radio network for its participating members, and WHEREAS, the MPSCC has selected M/A Com as the provider of the new radio system including providing the backbone components and other necessary equipment to establish said radio system and provide access to the 800MHZ radio network for its participating members, and WHEREAS, the MPSCC is in the process of securing financing for the implementation of the interoperable radio system. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the members hereby agree to amend the aforementioned interlocal agreement as set forth herein: Section 1. PURPOSE: A. To restate and specify the commitment of each participating member of the MPSCC to an interoperable radio system; B. To approve the selection of M/A Com to provide the necessary equipment to complete the radio system backbone component and other necessary equipment to establish said radio system, and C. To authorize the MPSCC to secure financing to fund the acquisition of equipment from M/A COM. Section 2. DEFINITIONS: The def'mitions set forth in the interlocal agreement shall apply to this amendment. Section 3. AGREEMENT WITH M/ACOM: The MPSCC is hereby authorized to enter into an agreement with M/A Com to provide the interoperable 800MHZ radio system for the municipal public safety agencies of Palm Beach County which are parties to this agreement. Section 4. AGREEMENT WITH PALM BEACH COUNTY: The MPSCC is hereby authorized to enter into an agreement with Palm Beach County relative to the radio system. Said agreement shall include the following provisions: A. The radio system shall be owned by Palm Beach County and leased to the MPSCC, on a long term basis, for the life of the radio system, for a nominal sum ($1.00 a year). B. The radio system shall be interoperable as required in F.S. § 318.21 (9) and as defined by the Communications Systems and Operations Policy Advisory Committee (CSOPAC). C. The members shall irrevocably pledge their $12.50 monies (which are currently held by the Clerk of the Circuit Court) to the MPSCC to be utilized to fund the acquisition of the Interoperable M/A Com radio system. Section 5. DEBT FINANCING: A. The MPSCC is hereby authorized to enter into an agreement to secure funding to acquire the interoperable radio system from M/A COM. B. The City Council of the City of Boynton Beach, as a participating member of the MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the construction of the Communications Project, and its inclusion as an enhancement and part of the State approved Palm Beach County intergovernmental radio communications program plan. C. The City of Boynton Beach hereby irrevocably pledges and commits its full share and allocation of the $12.50 money to debt service on the Debt Financing issued to finance the construction and implementation of the Communications Project for a period of time not to exceed fifteen years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full. D. The City of Boynton Beach requests and directs that the County provide the City's portion of the $12.50 money as so assigned and pledged to the MPSCC for debt service payments on the Debt Financing. Section 6. FINANCIAL OBLIGATIONS: A. The MPSCC shall commit that sufficient sums received by its participating members from moving traffic violations in accordance with Section 318.21 (9) F.S. (2002) (commonly referred to as "12.50 Funds") shall be utilized to pay for the purchase of the Interoperable Radio System. B. Each participating member of the MPSCC hereby irrevocably pledges all revenue received by the participating member pursuant to F.S. § 318 (9) ($12.50 funds), to the MPSCC to pay for the purchase of the Interoperable Radio System. C. The participating members acknowledge that the cost of operating and maintaining the Interoperable Radio System shall be the responsibility of the participating members, each of which hereby authorized the MPSCC to develop a methodology of fairly allocating said cost. Section 7. USERS OF THE INTEROPERABLE RADIO SYSTEM A. The Interoperable Radio System is for the use of the participating members and other entities as approved by the MPSCC. B. The City of Boynton Beach and the MPSCC had previously, on April 16, 2002, (pursuant to Boynton Beach Resolution R 02-064), entered into an agreement which provided that Boynton Beach's allocation of its $12.50 monies to the Consortium was reduced by $150.00 per radio used by the City as of January 1st of the applicable calendar year, commencing with January 1, 2002. This Agreement is hereby ratified and confirmed as to the City of Boynton Beach's obligation to pay its $12.50 monies to the MPSCC. The City of Boynton Beach specifically agrees to pay its share of the operating and maintenance costs of the Interoperable Radio System as set forth in Section 6 C above as modified by the provisions of this Section 7B and the April 16, 2002 Agreement between the MPSCC and the City of Boynton Beach. Section 8. CANCELLATION OR WITHDRAWAL FROM THE MPSCC: The interlocal agreement (Section 12B) permitted participating members to withdraw from the MPSCC. In light of the commitment the MPSCC is making to establish the interoperable radio system, the option to withdraw from MPSCC shall no longer exist, until such time as the participating members obligation to pay the debt service is fully satisfied. Accordingly, paragraph B of Section 12 is hereby deleted. Section 9. CONTINGENCIES The participating members obligations set forth herein are contingent on the MPSCC securing financing, contracting with M/A COM, and contracting with the County. Upon the fulfillment by the MPSCC of these contingencies, the obligations of the participating members shall be irrevocable. Section 10. GENERAL TERMS AND CONDITIONS: A. This amendment to the interlocal agreement, in conjunction with the interlocal agreement, sets forth all the rights, responsibilities and obligations of the participating members to each other, represents the entire understanding of the participating members, and supersedes all other negotiations, representations, or agreements, whether written or oral, relating to the subject matter of this amendment and the interlocal agreement. Neither this amendment to the interlocal agreement or the interlocal agreement can be changed, altered, amended or modified except by written instrument signed by the duly authorized representatives of the parties. B. The headings given to the section herein are inserted only for convenience and are no way to be construed as part of this amendment to the interlocal agreement or as a limitation of the scope of the particular section to which the heading refers. C. This agreement setting forth an amendment the interlocal agreement is authorized by Section 163.01 Fla. Statutes, being a joint exercise of power shared in common which any municipality could exercise separately. This amendment to the agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida, upon execution by all of the members. D. Nothing stated under this amendment shall be construed to give any rights or benefits of any participating member to this agreement to anyone other than the above listed participating members, and all duties and responsibilities undertaken pursuant to this amendment to the interlocal agreement will be for the sole and the exclusive benefit of the participating members, and not for the benefit of any other. E. This amendment to the interlocal agreement may not be assigned by any participating member. F. This document can be signed in counterparts. Section 11. INTERLOCAL AGREEMENT REMAINS IN EFFECT: To the extent not specifically amended herein, all other provisions of the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this [~' day of 3LLI~ , 2003. CITY OF BOYNTON BEACH ATTEST: