R11-0171
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RESOLUTION NO. R11- O 1
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
AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY, EXTENDING THE
EXPIRATION DATE OF THE INTERLOCAL
AGREEMENT TO FEBRUARY 5, 2016 AND
CHANGING THE ADDRESS FOR PAYMENT AND
NOTIFICATION TO THE COUNTY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on February 7, 2006, the City Commission authorized the Mayor
and City Clerk to enter into a First Amendment to Interlocal Agreement with Palm
Beach County outlining the City's use of the County's digital microwave system, which
extended the expiration date of the Interlocal Agreement to February 6, 2011; and
WHEREAS, the parties would like to extend the duration of the Interlocal
Agreement until February 5, 2016 along with updating the address for payment and
notification to the County; and
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 a Second Amendment to Interlocal Agreement with Palm Beach County, which
extends the expiration date of the Interlocal Agreement to February 5, 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
3 111 incorporated herein by this reference.
S: \CA \RESO\Agreements \Second Amendment to Communications Interlocal T -1.doc
I Section 2. The City Commission of the City of Boynton Beach, Florida
2 hereby authorizes and directs the Mayor and City Clerk to execute a Second Amendment
3 to Interlocal Agreement between the City of Boynton Beach and Palm Beach County
4 extending the expiration date of the Interlocal Agreement to February 5, 2016, changing
5 the address for payment and notification to the County, a copy of which is attached
6 hereto as Exhibit "A ".
7 Section 3. This Resolution shall become effective immediately upon passage.
8 PASSED AND ADOPTED this 1 day of January, 2011.
9 CITY�OF BOYNTON BEACH, FLORIDA
10 �.
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Vic Ir Arlene Ross
C her — William Orlove
om sione — Woodrow L av
Steeen FTolzman
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ATTEST:
Jap�t M. Prainito, N94C
City Clerk g
(Corporate Seal)
S: \CA \RESO\Agreements \Second Amendment to Communications Interlocal T -1 doc
R2011- 0 121
SECOND AMENDMENT TO INTERLOCAL AGREEMENT
THIS SECOND AMENDMENT to Interlocal Agreement R2001 -0200, dated February 6, 2001,
as amended b R2006 -0554 (collectively referred to herein as the "Agreement ") is made as of
FEQ 0 f2011 , by and between Palm Beach County, a political subdivision of the State of
Florida, by and through its Board of County Commissioners ( "County ") and the City of Boynton
Beach, a municipal corporation of the State of Florida ( "City ").
In consideration of the mutual promises contained herein, the County and City agree as follows:
1. The term of the Agreement, expires on February 6, 2011, and shall be extended to
February 5, 2016.
2. Section 2.04 of the Agreement shall be deleted in its entirety and replaced with the
following:
2.04 The City shall pay the County, in full, each fiscal year no later than
February 1 Payment shall be made to the Board of County Commissioners, 2633
Vista Parkway, Attn: Electronic Services and Security Division, West Palm Beach, FL
33411.
3. Section 8 of the Agreement is amended so that Notices to the County shall be sent as
follows:
As to the County:
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411
With a copy to:
800 MHZ Radio System Administrator
2633 Vista Parkway
West Palm Beach, FL 33411
County Attorney's Office
301 North Olive Avenue
West Palm Beach, FL 33401
Boca Raton, FL 33486
4. Except as modified by this Second Amendment, the Agreement remains unmodified
and in full force and effect in accordance with the terms thereof.
Page 1 of 2
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed on
the day and year first above written.
ATTEST:
SHARON R. BOCK
CLERK & COMPT
By: R '
Debuts Cler
N . �����
:cn
APPROVED AS TO FOY
LHIGAL SUFFICIENCY:
R 2 011 01 2 1 FEB 0 12011
PALM BEACH COUNTY, apolitical
subdivisi n the State of Florida
By
Karen . Marcus, Chair
APPROVED AS TO TERMS AND
CONDITIONS:
C
LY4 —
B N �" L'� V) V V'� - ",-,
!attorney Audrey Wolf, Direct
Facilities Development & Operation
ATTEST:
CITY CLERK:
CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By: c By:
4 net Prainito, ity CIA
APPROVED AS TO
AND LEGAL SUFF
al
City Attorney
G: \SCooper \800 MM Agreements \City of Boynton Beach\Boynton microwave second renewal.doc
Page 2 of 2
R2006 0554 oec)(, -033
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS MST AMENDMENT to Agreement 82001 -200, dated February 6, 2001, is made as of
APR R f 2 , by and between Pahn Beach County, a political subdivision of the State of Florida,
by and through its Board of County Commissioners, hereinafter referred to as the County, and the City of
Boynton Beach, a municipal corporation, hereinafter referred to as the City.
In consideration of the mutual promises contained herein, the County and City agree as follows:
The term of Agreement 82001 -200, set to expire on February 6, 2006, shall be extended to
February 6, 2011.
2. All other terms of Agreement 82001 -200 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 City has hereunto set its hand the day and year
above written.
SHARON R. BOCK,� `' .....,C0 ''l t PALM BEACH COUNTY, FLORIDA BY ITS
CLERK & COMPTRc x '•.� 11 '. BOARD OF CO COMMISSIONERS
Q T ti Ve
By.
Deputy Clerk Tony ll , C airman
APPROVED AS TO TERMS
ANFj LE L SUFFICIENCY. AND CONDITIONS
B 1 -' By:
Asst. County Attorney Director Facilities Dev & Operationsy?
ATTEST: CITY OF BOYNTON BEACH, FLORIDA
By: 44
City Clerk
Name (Type or nt)
APP OVED As TO FORM:
CITY ATTORNEY
By: ,* rry Ta r, or
Name (T or Print)
First Renewal Amendment to Direct Connect
10120/05
K 00 -/ i.7
Feb -e 'Al 02:14pm 01 065688
Oh— 12327 Pg 18;L c
-" INNIINBNNINNlY1NNNgilwgNlilgll
R2001 0200
INTMOCAL AGREEMEM
This INTEALOCAL AGREEMENT, ENT, is made and entered into this i da of
____, 2004, by
and between PALM BEACH COUNTY, ( "COUNTY') a political subdivision of the 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 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 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
CITY and AT &T (R99-31 ID) dated 2/23/99; and
WHEREAS, the COOPERATIVE has decided that the 6Tls will be used by the CITY; and
WHEREAS, the LEASE AGREEMENT requires that the COUNTY and the CITY 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 enterinto Interlocal
Agreements to jointly exercise any power, privilege, or authority which such agencies share
in common and which each might exercise separately; and
NOW THEREFORE, inconjunctionwiththe mutual covenants, promises and representations
contained herein the parties hereto agree as follows.
SECTION 1: Purpose
The purpose of this imerlocal agreement is to set forth the COUNTY and CTTY's fiscal
responsibilities with respect to the CITY's use of the COUNTY's microwave system to
transport signals to and from the C1TY's 800 MHz trunked radio system to the COUNTY's
SmartZone Controller -located at the COUNTY's Prime Site on Forest Hill Blvd. This
Pare 1 of 5
Return To:
S hawn Bobo
V Facilities Development & Operations
3323 Belvedere Road, Bldg. 503
West Palm Beach, FL 33406
ORB 12327 pg 1813
Agreement is to be read and Interpreted in cordunction with the Interlocal Agreement (R-
2000- 0838) with the COOPERATIVE dated 6/20/00 ("COOPERATIVE'S Interlocai
Agreement') and any amendments. The COOPERATIVE'S Interlocai Agreement contains
fiscal and other obligations of the COUNTY and the CITY with respect to the CTIY'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 willbe responsible for the purchase, installation, ownership and
physical maintenance and operation of the microwave equipment at the Boynton Tower Site
described in LEASE 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 COUNTl°s
Prime Site, 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 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 administration costs as well as the percentage of total
costs attributable to the microwave system; to reflect actual.
Estimated annual total system maintenance and administration costs are
$1,000,000.
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 in capacity of the total 28 T1s.
$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 ". Payment shall be made to the Board of County Commissioners, 3323
Belverdere Rd., Building 506, Attn: Communications Division, West Palm Beach, Fl. 33406.
Age 2 of 5
ORB 12327 Pg 1 A 14
2.05 The COUNTY shall have no obligation to provide a microwave system for the
CI TY's use, in the event that the COUNTY discontinues use of its microwave system or is not
operating microwave equipment at the Mys 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 period of five (5) years from execution and
may be renewed for four, five (S) year period 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 CI TY's Tower Site.
In the event that the COOPERATIWS 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 CrMs performance and obligation to pay pursuant to this
Agreement are contingent upon annual appropriation for its purpose by the 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
Page 3 of 5
ORB 12327 pg 1815
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
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, Fl. 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 governed by the laws of the State of Florida. In any litigation
brought by a party to this Agreement to enforce the tenons of this 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.
Pane 4 of 5
ORB 12327 Pg 1816
DORDTF WILKEN, CLERK PH MM, FL
SECTION 18: 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:
DOROTHY H. WILKEN, Clerk
Bond d C0U* Comml d0MM r Y c
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PALM BEACH COUNTY, FLORIDA BY ITS
BOARD OF COUNTY COMMISSIONERS
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STATE OF FLORIDA. COUNTY OF BALM BEACH
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DOROTHY H. WILKEN, ex- officio Clerk el the
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City Attorney
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Page 5 of 5
Facilities Development &
Operations Department
2633 Vista Parkway
West Palm Beach, FL 33411
Telephone - (561) 233 -0200
Facsimile - (561) 233 -0206
www.pbcgov.com/fdo
Palm Beach County
Board of County
Commissioners
Karen T. Marcus, Chair
Shelley Vana, Vice Chair
Paulette Burdick
Steven L. Abrams
Burt Aaronson
Jess R. Santa naria
Priscilla A. Taylor
County Administrator
Robert Weisman, P.E.
February 7, 2011
Janet M. Prainito
City Clerk's Office
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Amendment to Agreement for Use of County's
Microwave System
Dear Ms. Prainito:
Enclosed for your records is a fully executed original of the Second
Amendment to Interlocal Agreement extending the term of the
agreement until February 5, 2016.
Please contact me at sjcooperkpbc og v org or (561) 233 -0220 if you
have any questions.
Sincerely,
Samara J. Cooper
Business & Community Agreements Manager
Enclosure
c: Audrey Wolf, Director, FD &O
Charles Frazier, Director, ESS
Mark Filla, Communications Network Administrator, ESS
An Equal Opportunity
Affirmative Action Employer