R97-189RESOLUTION NO. R97-/~'¢
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, THE CITY OF
DELRAY BEACH, AND THE CITY OF BOCA RATON,
PROVIDING FOR CREATION OF THE SOUTH PALM
BEACH COUNTY PUBLIC SAFETY
COMMUNICATIONS COOPERATIVE; 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 the City of Boca Raton and the
City of Delray Beach to establish the administrative agency known as the South
Palm Beach County Public Safety Communications Cooperative; and
WHEREAS, the South Palm Beach County Public Safety
Communications Cooperative involves the sharing of a backbone
communications system with the other municipalities that are parties to the
Agreement; and
WHEREAS, under the terms of the Agreement, the cities will continue to
maintain independent communications dispatch centers, resulting in a system
that provides for the most effective and efficient radio communications system;
and
WHEREAS, the Agreement will permit the City to coordinate with the
other parties the joint purchase and operation of new communications equipment
to replace old and outdated equipment; and
WHEREAS, it is deemed mutually advantageous among the three parties
to enter into this Agreement providing for a common radio backbone system that
will provide protection and assistance to the parties in the event of a disaster,
mutual aid operation or breakdown of one of the independent systems; and
WHEREAS, Section 163.01, Florida Statutes authorizes local
governments to cooperate with other localities on the basis of mutual advantage;
and
WHEREAS, each of the parties will share equally in the cost of the
common elements or backbone 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, the City of Delray Beach, and
the City of Boca Raton to establish the South Palm Beach County Public Safety
Communications Cooperative providing for a common communications
backbone system, said Agreement being attached hereto as Exhibit "A".
Section 2. This
Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
ATTEST:
icatyic~ Interlocal
/~ day of '~:~'~. -, 1997.
/~Mayor
Commissioner
to establish f~, ~_~ a~
South Palm Beach County Public Safety Communication s Cooperative
THIS AGREEMENT, entered into this ,:~,~ day ofJ~.~ , 1998, by
and between the CITY OF BOCA RATON, the CITY OF DELRAY BEACH and the
CITY OF BOYNTON BEACH, each a Florida municipal corporation located in Palm
Beach County, Florida, hereinafter referred to as the "Parties".
WITNESSETH:
WHEREAS, each of the parties presently maintains a police/fire department and
local government with radio communications services, and
WHEREAS, the Parties desire to enter into a cooperative arrangement to provide
a communication system with operation and maintenance services benefiting public
safety and local government; and
WHEREAS, the use of a cooperative of the three municipalities to provide radio
communications services expands the geographical use of available frequencies for
mutual aid and day-m-day activities; and
WI-IE~AS, Section 163.01, Florida Statutes, permits public agencies to enter
into Interlocal Agreements with each other to jointly exercise any power, privilege, or
authority which such agencies share in common and which each might exercise
separately; and
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WHEREAS, Existing radio transmitter sites are located at 2500 NW 1st Avenue
in Boca Raton, Florida (Lat. 26-22-16 N, Long. 80-05-08 W) and 551 NW 14* Avenue in
Boynton Beach, Florida (Lat. 25-32-28 N, 80-04-18W); and
WHEREAS, pursuant to this interlocal agreement, the municipalities' respective
police and fire departments and local government will be able to communicate with each
other benefiting public safety concerns; and
WI-IEREAS, it is deemed mutually advantageous to enter into this Agreement for
the express purpose of cooperating in the provision of communicating services without
regard to territorial boundaries, which shall benefit mutually and equally the citizens of
each Party.
NOW THEREFORE, The Parties, in consideration of the mutual promises,
terms, conditions and benefits hereinafter set forth, the receipt of which is hereby
acknowledged, do hereby agree as follows:
Section 1. DEFINITIONS
1. "800 MHz/UHF TRUNKED SIMULCAST RADIO (TSR) System" or
"System" shall mean the entirety of the jointly-shared TSR system, to include Backbone
Items and User Specific Items, as such system will exist following the completion of the
Project.
2. "Backbone System" shall mean those non-user, specific elements of the
System which shall be jointly used or shared by the Parties and shall include, but not be
limited to, the construction, modification and/or famishing of new or existing
transmitter/receiving sites and rela~ted subsystems as required for such System; the
construction and/or modification and out-fitting of new or existing equipment storage
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facilities at such sites; security of such items, base stations, transmitters/receivers,
microwave subsystem, trumking/simulcast controller~/system managers, related software
and any other jointly used or shared items.
3. FCC shall mean the Federal Commumcat~ons Commission or any
successor agency.
"Project Coordinator" shall mean the person designated by the
Cooperative Board of Directors to be responsible for the interface between the Parties and
the day-to-day coordination and management of the Project during the plarming and
construction phases. The Project Coordinator shall perform the duties assigned under this
and any other Agreement between the Parties relating to the Project or the operation and
maintenance of the System. The Project Coordinator is a position required by the Federal
Communications Commission (FCC). The Project Coordinator shall be appointed from
the Project Team.
5. "Project Team" shall mean the team composed of representatives
designated by each Party to advise the Project Coordinator. The Communications
Directors of each Party must be a part of the Project Team.
6. "User Specific Items" shall mean those elements of the System required
for each arty__ s:--individual commumcat~ons system, purchased, installed and/or used
individually by each Party and shall include, but not be limited to, radios, dispatch
consoles, encryption devices, computer terminals, and other communications structures.
Each Party shall be responsible for developing its own requirements for User Specific
Items and supervising the installation thereof at locations determined by such Party.
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Section 2. THE PSCC AND THE BACKBONE SYSTEM
.A. This ago'cement constitutes an intertocal agreement authorized by Section
163.01, Florida Statutes, being a joint exercise of Power shared in common which any
City could: exercise separately and shall be filed with the Clerk of the Circuit Court in and
for Palm Beach County, Florida.
B. The purpose of this Agreement is to provide for the establishment and
operation of a cooperative local government and public safety communication radio
system for the mutual advantage of the cities.
C. The term of this Agreement shall be for thirty (30) years from the
execution of this Interlocal Agreement by ail Parties hereto, unless sooner terminated as
provided herein.
D1. There is hereby created an administrative agency to be entitled the South
Palm Beach County Public Safety Communications Cooperative, herein after referred to
as "PSCC". The PSCC shall have the following general powers by the parties:
1. Lease, sublease or be assigned the lease of real property from any
political subdivision of the State of Florida;
2. Receive funds, including but not limited to gifts, grants and bequests,
fi'om any-source, public or private, provided that no power to levy taxes or
assessments be inferred herefrom;
3. Improve and maintain any and ail real property acquired by lease,
sublease or assignment of a lease;
4. Purchase, lease and install fixtures and moveable property appropriate
to a local government and public safety radio Backbone System;
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5. Enter into contracts; and
6. Exercise any other power that may be necessary for the operation of a
.cooperative local government and public safety radio Backbone System or that
may hereafter be agreed to by all Cities if within the common powers of all Cities;
7. Hold titles and licenses for the operation of the radio Backbone System.
D2. The PSCC shall be governed by a board of three (3) people to be known as
the Board of Directors, which shall consist of the City Managers of each City or their
designee. A chairperson shall be selected by and from the Board membership. A
secretary shall be selected by, but not from, the Board membership. 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 PSCC; however, any
City may reimburse the member representing that City for expenses incurred for
attendance at meetings. Each Board member shall be entitle~ to one vote. The presence -
of a representative of each Party shall be required to constitute a quorum. Action of the
Board shall be by majority vote of the Board. Each City Manager shall select an alternate
member for 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 ofit~:meetings as it may deem necessary, including the recording of minutes. -
The Board shall meet at least once a year and at such other times as the Board shall
determine. All decisions of the Board shall be published in a set of minutes, prepared by
a recording secretary selected by the Board. The minutes shall be prepared and
distributed to the City Manager and City Clerk of each of the Parties within fifteen (15)
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days following each meeting of the Board. The minutes shall be ratified by the City
Commission or City Council of each Patx'y,
E. The Board of Directors may assign, questions relating to the daily
administration and operation of the function of the communications radio system to a
committee which shall be known asthe Administration Committee. The Administration
Committee shall consist of one representative of each Party 'to'be appOinted by that
Party's City Manager. It is the intent of this Agreement that such appointments will be
made from Communications Center Managers and/or Directors. An alternate member
shall be selected by each City Manager 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 at such times, as the Committee deems necessary. The
Administration Committee shall attend all meetings of the Board. Members shall serve
without compensation from PSCC; however, any City may r~imburse the member
representing the City for expenses incurred for attendance at meetings. All actions of the
Committee shall be subject to the review and approval of the Board of Directors.
F. It is the intent of this Agreement that the PSCC shall be established with
Local Government and Public Safety radio communications as the main function of
operation. However, the Board of Directors may fi-om time to time, subject.to the
approval of the governing bodies of all Parties, add additional functions to the system as
it may deem to be in the best interests of the public.
G. The Administration Committee shall prepare the annual operation budget
for submission to the Board of Directors. The Administration Committee shall keep an
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accurate accounting of the financial operation ofthePSCC and shall report quarterly to
the Board of Directors on the financial condition of the PSCC.
1. The Party, CITY OF DELRAY BEACH's Finance Department shall
act as the lead agency with respect to the administrative work in
preparing the annual budget, setting up and monitoring necessary
banking accounts and/or special revenue funds, and maintaining funds
for disbursement for the PSCC. The CITY OF DELRAY BEACH
Finance Department shall perform this administrative function at no
cost to the PSCC or the other Parties.
2. Each Party/City shall independently provide monies and issue
purchase orders for the purchase of user specific items.
3. Each Party/City shall provide monies to thePSCC for the purchase of
the Backbone System and related equipme"nt.
4. The CITY OF DELRAY BEACH Finance Department shall maintain
all financial records.
H. The annual budget of the PSCC shall be approved by the Board of
Directors and submitted to the City Managers of the Parties no later than May 1 st of each
year. Each annual operating budget of the Cooperative shall be approved by resolution of
the independent governing bodies of each Party. Any unbudgeted financial commitments
s~hall also be approved by resolution of governing bodies of each Party. The first fiscal
year of the PSCC shall begin with the effective date of the Agreement, ending September
30, 1998, and shall thereafter be concurrent with the fiscal years of the Cities. The annual
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budget for the first fiscal year of the PSCC shall be prepared and adopted by the Board of
Directors no later than sixty (60) days following the effective date of this agreement.
I. The Parties hereby warrant and represent that each has the full legal
authority and financial ability to :operate and maintain the BaCkbone Communications
System through the PSCC
J. Throughout the first year of the installation of the Backbone System, the
Operation and Maintenance costs shall be based upon 100% access fee calculations since
there is no air time as yet. In subsequent years, Operation and Maintenance cost sharing
will be based on an "access fee" plus air time usage. This is a two-part calculation, where
one-half the Operation .and Maintenance cost (the cost share) is to be charged equally
among all radio units having access to the system on a per unit basis. Cost share is to be
calculated by halving the operation and maintenance bill and dividing the amount of
subscribing units (radios capable of utilizing the system). Tile other half shall be paid by
the parties based on the percentage of air time used by each party to this Agreement.
Example: An operation and maintenance bill is received in the amount of
$100,000. City A has 800 radios, City B has 400 radios, and City C has 600 radios on the
system. Accordingly, for this example, there are 1800 radios on the system. Divide
$50,000 by 1800 resulting in each City paying $27.78 per radio. Therefore City A's cost
is $22,224, City B's cost is $11,112 and City C's cost is $16,668. For the time period
over which the example operation and maintenance bill was calculated, there was a total
of 180,000 m/nates of air time used. The other half of the operation and maintenance bill
($50,000) is divided by 180,000 minutes, leaving the average air time cost is then $.278
per minute. If City A has used 45% of the total airtime, City. A pays 45% of the $50,000
or $.278 multiplied by the number of minutes used. The same applied for City B and
City C. The two numbers derived from the two-part calculation are then added to
determine each City's contribution to the operation and maintenance costs.
K. The Purchasing Departments for the respective Parties to this Agreement
shall work together with the Project Team to draft specifications and "bid documents" for
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the acquisition of the Backbone System and related equipment. The CITY OF BOCA
RATON shall be the lead agency with respect to the purchase of the Backbone System,
and shall disburse the required funds for said purc.hase. All Parties hereto hereby agree
that the cost of the Backbone System is to be shared as provided herein.
L. During the term of this Interlocal Agreement, and any extension thereof,
the PSCC shall secure and maintain in full force and effect adequate insurance for the
Backbone System and related equipment titled in the PSCC. Adequate insurance shall
mean in an amount sufficient for total replacement of the Backbone System.
M. Parties agree that the 800MHz Radio Communications Backbone System
is specifically designed and licensed for voice transmissions. Written consent of each
Party is required for any data transmission, including but not limited to GPS/AVL,
mobile data, telephone interconnect, over any of the tmnked fi-equencies owned by the
Cooperative.
Section 3. TITLE TO BACKBONE SYSTEM
The PSCC shall hold title to the Backbone System. Proprietary software required
for the operation of the Backbone System shall be licensed to the PSCC in a manner
which will permit its independent use by each Party, and include appropriate warranties
running direc_tly~:~to the PSCC.
Section 4. TORT LIABILITY
To the extent permitted by law, each Party, the CITY OF BOCA RATON, the
CITY OF DELRAY BEACH, and the CITY OF BOYNTON BEACH shall each be
responsible for its own negligence. Nothing herein shall be deemed to waive any
immunities granted pursuant to Section 768.28, Florida Statutes.
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Section 5. WITHDRAWAL FROM 800 Mltz/IJHF TSR SYSTEM
After the contract(s), pursuant to the proVisions of Section 1 :C. above has
been executed, and installatiOn of the Project has commenced pursuant to such
contract(s), any Party may, upon three (3) Years priOr written notice, as descn'bed below,
withdraw from the System and terminate their interest in this agreement.
A. There shall be no refund of any payments under this Agreement of the
costs of the shared Backbone System to a Party should that Party decide to cease using
the Backbone System.
B. If this Interl0cal Agreement is terminated by any party, then that party may
remove all User Specific Items purchased solely by it for attachment or addition to the
system, or sell such User Specific Items to the remaining parties at a price to be
negotiated at that time. If sUCh User Specific Items are removed, ali removal expenses
shall be the responsibility of the removing Party.
C. If any Party sells its User Specific Items to an agency that is not a party to
this Interlocal Agreement, that agency shall not become a party by virtue of the purchase
of the equipment.
D. No Party shall remove or disconnect any User Specific Items fi'om the
system that wou~d result or cause the system to malfunction or disrupt service to the
system users.
E. Promptly following notice by a Party that it will withdraw from system,
each Party Shall take the necessary steps to modify radio channel licenses from the FCC
according to its own needs. The disposition of any expansion channels which may be
added to the system and titled in the name of the PSCC upon the withdrawal of a Party
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shall be determined by the PSCC. During the three-year period after notice is given by at
ieast one Party, all Parties agree to coordinate the withdrawal in a manner reasonable to
all Parties.
F. Upon completion of items (D) and (E) above, the PSCC shall be
reorganized and this Agreement shall be amended. Nothing contained herein shall
constitute a waiver of the right of any Party to damages occasioned by any breach of this
Agreement by the other Party.
G. Should any Party elect to withdraw from this Agreement, the other Parties
shall make arrangements to relocate all PSCC equipment situated in the city limits of the
withdrawing Party.
H. Should one Party wish to withdraw from the Cooperative and terminate its
interest in the Inteflocal Agreement or should the Cooperative be dissolved, refiling with
the Federal Communications Commission (FCC) for the return of the frequencies titled in
the name of each party at the time immediately preceding the creation of the Cooperative
shall not be prohibited.
Section 6. ADDITIONAL AGREEMENTS, AMENDMENT
Alter the Project is completed and the System is operational, no additional parties,
cooperative agei~ies, or additional expansion of the Backbone System may be added or
deleted from such System without the written approval of the Partiesand an amendment.
tO this Agreement adding such additional party, agency, or additional expansion to the
Backbone System. Upon written consent of the Board of Directors, individual parties
may subcontract services to include talk groups to other govemment or regulatory
agencies. These services shall not exceed their respective allocation.
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Section 7. OPERATION AND MAINTENANCE
The Parties recognize .that this Agreement provides for the planning, acquisition
and construction of the Project. The initial cost of the Radio Backbone System shall be
shared equally among the Parties to.the agreement. Unless :the Parties provide to the
contrary in the subsequent amendment tO this Agreement, each Party shall be responsible
or (i) 100% of the cost of operating and maintaining its User Specific Items ineluded in
the System. and (ii) ~Each Party is responsible for its pro rata portion of the cost of
operating and maintaining the Backbone System~ Operation and maintenance cost shall
be determined as set forth'in Paragraph 2.J. of this Intertoeal Agreement. After
appropriation and budgeting of funds by the Parties, payment to the PSCC for the cost of
operating and maintaining the Backbone System shall be made in equal quarterly
installments. The budget distributed to the City Managers of the Parties shall be based
upon the good faith, written calculations made by the Projeci Coordinator, inteuding
consideration ofthe anticipated air time usage of the System by the Parties and any other
authorized users prior to the beginning of each fiscal year. Each user's share of such cost
shall be adjusted at the end of such fiscal year based upon the written calculation of the
actual cost of operating and maintaining the Backbone System and the cost-sharing
formula set fort._trin Paragraph 2.J. of this Interloeal Agreement. The Parties shall have a
right to examine the records used by the Project Coordinator in making the calculations
upon which payment by the Parties to the PSCC for maintenance and operating expense
of the Backbone System will be based. The PSCC shall insure funds collected are
disbursed to the maintenance vendor. The budget referenced to in Section 1.H shall be
based on good faith estimates of the Project Coordinator.
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Section 8. AMENDMENT TO AGREE~NT
Th/s Agreement shall not be amended (~r modified except in '~'a'iting executed by
the Parties, and approved by resolution of the independent governing body of each Party.
Section 9.. MIS CELLANEOUS PROVISIONS
1. Each person signing this Addendum on behalf of either party individually
warrants that he or she has full legal power to execute this Addendum on behalf of the
party for whom he or she is signing, and to bind and obligate such party with respect to
all provisions contained in this Addendum.
2. The captions and section designations herein set forth are for convenience
only and shall have no substantive meaning.
3. Any notice govern pursuant to the terms of this Interlocal Agreement shall
be in writing and hand-delivered or sent by certified mail, retm'n receipt requested.
Notice shall be sent to each City Manager of the Parties.
3. If any terms or provision of this Interlocal Agreement, or the application
thereof to any person or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of this Interlocal Agreement, or the application of such term
or provision, to any person or circumstance other than those as to which it is held invalid
or unenforceabl:e,,*shall not be affected, and every other term and provision of this
Interlocal Agreement shall be deemed valid and enforceable to the extent permitted by
law.
4. This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce this Interlocal agreement shall be held in
Palm Beach County, Florida.
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5. This Intedocal Agreement represents the entire understanding of the
Parties, and supersedes all other negotiations, rcpreseatafions or agreements, either
Written or oral, relating to this Interlocal Agreement. None of the provisions, terms and
conditions contained herein may be added to, modified; superseded or otherwise altered,
exeept~by written instrument executed by the Parties hereto.
6. All provisions of this Agreement calling for the expenditure of ad valorem
tax money by any Party is subject to annual budgetary funding, and should any Party
involuntarily fail to fund any of their respective obligations pursuant to this Agreement,
this Agreement may be terminated as to that party.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF BOCA RATON
Carol (L Hanson Date
Mayor of Boca Raton, Florida
Attest:
City Clerk, City ofBo~a Raton
Approved as tO Form
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CITY OF BOYNTON BEACH
Gcg~ld' 'Jer~yT~ayl~ ~/ Date
Mayor o f B o/~..Wlto/~l)each, t~orida
14
Attest:
City~Zlerk, City of Boynt~on Beach
Approved as to For!Il arid Le~iity
City Attorney
Boynton Beach, Florida
CITY OF DELRAY BEACH
Attest:
~ff/ City ~lerk, Cit~ 0fDelray Beach
Approved as to Form and Legality
jc~City Attorney
' Delray Beach, Florida
Say Alpe~< D.D,g~.
May,~ OfDelraYBeac~ HoHda
Date
S~TATE OF FLORIDA
COD2qTY OF PALM BEACH
..-, e foregoing~instmment was acknowledged before me this ,/~ day of
_(~.,4~aa~ ~ 199~,by Mayor C~eoZ. ~. J~/,q//~ro,~/ , on
~/behalf of t~e City of Boca Raton. Here i~personall~, known to m~'~r has produced
as identification and did/did not take an oath.
Notary~fi'blic
Serial Number: . ~..'~ ~ ~a. ~
My. Commission Exp~r~.~.. ,~. ~ ~'~t~nmmm
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STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ;2b day of
1997, by Mayor
b
on
NMme:
Notary 'Public
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
Eve Eubanks
:'t~t .~t.t,~tt.etttttt
The foregoing instrument was acknowledged before me this ,a day of
tc~qt/~/Rlt ,199/~, by Mayor Zr~} 7 ~ t. Pe.~,g , on
behalf of the City of Delray Beach. He/she is personally known to me or has produced as identification and did/did not take an oath.
Notary ?6blic ifa/
Serial Number: ' OFFICIAL NOTARY SEAL l-
SUSAN L MALONEY [
My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA[
co~M~sSioN NO. CC4U?,O [
~ :_'Y ~'*J, zMIssioN EXP. OC'F. t6,!fO8 ]
s:ca~agmts\communications cooperative interlocat
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