R14-118 1 RESOLUTION R14 -118
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE MAYOR AND CITY
5 CLERK TO SIGN AN INTERLOCAL AGREEMENT
6 WITH PALM BEACH COUNTY REGARDING THE CITY
7 MAINTAINING INTEROPERABILITY WITH IT'S
8 RADIO SYSTEMS AND THE COUNTY'S; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS, the County is replacing its public safety radio system with one that i
12 APCI P25 Compliant and therefore. if the City wants to maintain the interoperability it
13 currently has, then it needs to move forward with replacing its current radio system with an
14 APCO P25 compliant one as well; and
15 WHEREAS, Palm Beach County requires the attached Interlocal Agreement in order to
16 include Boynton Beach in the planning of their new radio system; and
17 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
18 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
19 Beach to authorize the Mayor and City Clerk to sign the Interlocal Agreement with Palm Beacl
20 County to maintain the interoperability it currently has with the County and by replacing
21 current radio system with an APCO P25 compliant one.
2' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION C'
201 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2i Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
2; being true and correct and are hereby made a specific part of this Resolution upon adopti,
1
201 hereof.
2k1 Section 2. The City Commission approves and authorizes the Mayor and City Cleo
23! to sign an Interlocal Agreement between the City of Boynton Beach and Palm Beach County
C \ Users \prainitoj\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content IE5 \9155K2YF \Reso_
_ ILA _with_PBC doc
1 maintain the interoperability it currently has with the County and by replacing its current radio
2 system with an APCO P25 compliant radio system, a copy of the Interlocal Agreement is
3 attached hereto and made a part hereof as Exhibit "A ".
4 Section 3. That this Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this 18 day of November, 2014.
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
11 —J Y Y 'l�a lyor 1
12 '^
13
14 }Q PiYA
15 Vic Mayor — Joe Casello
16
17
18 \,
19 Commissioner — David T. Merker
20
21 r
22 ` r
23 Commissioner 'rack 1 ray
24
25
26 _
27 Commissioner — Michael Fitz.; rick
28
29
30 ATTEST:
31
32
3'3
34 'i
35 '] n •
316 . % et M. Prainito, MMC
7 c,‘ -9 -9
( 1. orate S
"
C \Users :' L ., Iv 1‘) Local \Microsoft \Wrndows\Temporary Internet Ftles\Content IE5 \9155K2YF \Res
j _ILA_with_ _ 0_P25radio_system doc
1 I
R i4 -iia
INTERLOCAL AGREEMENT
This INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into
, by and between Palm Beach County, a political
subdivision of the State of Florida ( "County ") and the City of Boynton Beach ( "City "), a
municipal corporation existing under the laws of the State of Florida.
WITNESSETH
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 County has initiated a P25 Migration Project pursuant to which
the County will replace its existing public safety radio system with one that is APCO P25
compliant; and
WHEREAS, the City has been interoperable with the County's current public
safety radio system since 2000 and desires to continue to receive the benefits of
interoperability; and
WHEREAS, the City owns a radio system which is connected to the County's
public safety radio system through the County's Motorola SmartZone Controller; and
WHEREAS, the City wants to replace its City owned system with an APCO P25
compliant system; and
WHEREAS, the County and City concur that it is in both parties' best interests to
jointly plan, set performance specifications and participate cooperatively in a single
procurement process for the replacement of their individual radio systems, and
WHEREAS, this Interlocal Agreement provides the framework for the City to
make the election (or take the actions) specified in this Agreement and for the County to
provide the services in relation to the City's P25 migration project as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein the parties hereto agree as follows.
Section 1: Recitals
The foregoing recitals are true and correct and incorporated herein by reference.
Page 1 of 15
Section 2: Purpose
The purpose of this Agreement is to define the relationship between the County
and the City by setting forth the parameters under which the County will: (1) facilitate
the Consultant's preparation of City's Design Criteria Package; (2) prepare an RFP for
the P25 Migration Project which includes the City's Design Criteria Package as an
Alternate; and (3) at City's election and cost, contract with the Contractor for the design
and installation of the City's Radio System The County will perform project
management services for the City. In addition, this Agreement sets forth the City's
obligations for funding the County's third party costs and expenses relating to the City's
Radio System.
Section 3: Definitions
3.01 Alternate: A portion of the RFP which describes a discrete scope of work
for which a response is mandatory, and which work must be performed by the
respondent to the RFP, if City in its sole discretion makes the Radio System Election as
set forth herein, despite the fact that the respondent will not know whether that discrete
scope of work will actually be awarded as part of the P25 Radio System Contract.
3 02 Board: The Palm Beach County Board of County Commissioners.
3.03 CID: The Capital Improvement Division of the FDO Department CID is
responsible for the administration of the Consultant's and Contractor's contracts.
3.04 City: City of Boynton Beach, a municipal corporation of the State of
Florida.
3.05 City Consultant Services Authorization (City CSA): Written document
describing the Consultant's work effort necessary to; 1) prepare the City Design Criteria
Package, 2) provide installation administration services, 3) provide project close -out
services, and 4) authorize any other work, allowed pursuant to the Consultant contract,
requested and approved by the City Representative.
3.06 City Contingency: Ten Percent (10 %) of the cost of the City CSA and Ten
Percent (10 %) of the cost of the City SOW to be transferred to the County by the City;
1) at the time of City Design Criteria Election, and 2) at the time of City Radio System
Election The contingency to be transferred at the time of Radio System Election is
equal to 10% of the cost of the City SOW and 10% of the costs of the Consultant's
installation administration services. The City Contingency can be used by the City to
fund changes made necessary by, 1) requests of the City, and /or 2) errors and /or
omissions of the Consultant during the design /implementation phase, and /or 3)
unforeseen conditions as defined by the P25 Radio System Contract.
Page 2 of 15
3.07 City Design Criteria Package: The Consultant's work product in response
to the City CSA. The City Design Criteria Package will specify performance based
criteria for the City Radio System which may include material quality standards,
conceptual design, budget restrictions, schedule and other requirements to accurately
reflect the required project elements such as conducting field surveys, and performing
propagation analyses.
3.08 City Design Criteria Package Election: A written notification which at a
minimum contains a; 1) statement that the scope of work for the City CSA is final, 2)
certification that the City accepts the Consultant's proposed cost for the City CSA, 3) a
monetary transfer in an amount equal to 110% of the cost of the City CSA, 4)
identification of the City Project Manager, and 5) certification that the City
Representative has the authority to make the City Design Criteria Package Election
3.09 City Project Manager: The Chief of Police, or his designee, that is the
primary City point of contact for the County Project Manager with respect to the
administration of the City CSA and the City SOW. This person shall act on behalf of the
City and be responsible for making timely decisions, approvals (either approving or
securing City approval), processing accounting approvals, and authorizing City initiated
change orders and funding transfers. The City Project Manager shall not directly
communicate with the Consultant or the Contractor but instead shall communicate with
the County Project Manager unless otherwise authorized by the County Project
Manager
3.10 City Radio System: A City owned and operated P25 compliant public
safety radio system
3 11 City Radio System Budget: The total of the City CSA plus 10%
contingency, the City SOW plus 10 %, and any other funding that may be required by
the County to complete the City's CSA or City SOW, approved by the City and
transferred to the County from time to time
3.12 City Radio System Election: A written notification which at a minimum
contains a, 1) statement that the City concurs with the County's selection of a
Contractor, 2) certification that the City accepts the scope, terms, conditions and costs
of the City SOW, 3) certification that the City accepts the costs of the Consultant's cost
for construction administration, 4) monetary transfer in an amount equal to 110% of the
cost of the City SOW plus 110% of the Consultant's installation administration services,
and 5) certification that the City Representative has the authority to make the City Radio
System Election.
313 City Representative. The City Manager or designee who has the
authority of the City to obligate the City pursuant to this Agreement, after adhering to
City adopted policies and procedures
Page 3 of 15
3.14 City Statement of Work (SOW): The specific scope of work for the City
Radio System which is negotiated with the selected Contractor and, at a minimum,
includes provisions describing the responsibilities of the Contractor, defining the
conditions of sale, delivery, installation and acceptance testing, detailing the system
parameters, identifying unit quantities, detailing the cut -over plan and containing the
price and schedule for the proposed City Radio System
315 Consultant RCC Consultants Inc., a professional engineering firm
awarded a continuing services agreement by the County.
3.16 Consultant Services Authorization (CSA): A written task order issued
against the Consultant contract which describes the scope of services to be performed,
the cost for services and the timeframe for completion.
3.17 Contractor: The properly licensed vendor awarded a contract by the
County for the P25 Migration Project.
3.18 County Palm Beach County, a political subdivision of the State of Florida.
3.19 County Project Manager The Capital Improvement Division Director, or
his designee, that is responsible for the management of the Consultant contract and the
P25 Radio System Contract.
3 20 County Representative. The FDO Director, who is given the authority to
obligate the County in accordance to County adopted policies and procedures.
3.21 Electronic Services and Security Division (ESS): The division of FDO
responsible for administration and management of the County's Radio Systems.
3.22 Facilities Development & Operations Department (FDO). The County
Department responsible for oversight of ESS and the design, construction, management
and operation of County electronic systems under the jurisdiction of the Board.
3.23 P25 Migration Project: The replacement of County's existing public safety
radio system (in whole or in part) to a system which is compliant with the Association of
Public- Safety Communications Officials (APCO) P25 standards which includes fixed
transmitting and receiving equipment, a microwave system for communications between
sites, remote and prime site control and management equipment, dispatch consoles
and related equipment.
3.24 P25 Radio System Contract. A binding agreement between the County
and the Contractor which sets forth the requirements for the P25 Migration Project
including the cost thereof
Page 4 of 15
3.25 RFP: County issued request for proposals for a P25 Migration Project
which will, upon City election, include the City Design Criteria Package as an Alternate.
3 26 SmartZoneTM Controller: The Motorola SmartZoneTM Controller is the
central computer that currently manages and controls the operation of the County's and
City's Public Safety Trunked Radio Systems. The SmartZoneTM Controller manages
access to system features, functions, individual radio users and talk - groups.
Section 4: Project Management Services
4 01 The County shall provide project management services throughout all
phases of the P25 Migration Project. The County shall also provide project management
services related to the City CSA and the City SOW.
4 02 The County shall have the full authority to take all actions and make all
decisions necessary to prosecute the work associated with awarded contracts including
on those portions of the work undertaken on the City's sole behalf. In such capacity, the
County shall use it best professional judgment in determining which matters are of a
nature and magnitude where consultation and approval of the City Project Manager
must be obtained prior to authorizing an action. In general, matters which are routinely
addressed with, or require approval of ESS, will require the approval of the City Project
Manager. Matters which are routinely addressed with or require the approval of the
Director, Facilities Development & Operations, will require the approval of the City
Representative. However, when a specific provision of this Agreement requires City
approval or consultation prior to the County taking action, such specific provision shall
be applied to that specific approval requirement.
4.03 Pursuant to the requirements of Section 287.055, Florida Statutes (the
Consultants' Competitive Negotiation Act), the County has selected RCC
Communications, Inc. for a continuing contract related to the County's Public Safety
Radio System, which includes the preparation of the design criteria package for the
County's migration of its current public safety radio system to one that is in compliance
with APCO P25 compliance standards.
4.04 The County shall cause the Consultant to create a vendor neutral design
criteria package that will form the basis of a competitive Request for Proposals (RFP)
for a contractor to implement the P25 Migration Project. The County shall conduct the
RFP pursuant to County code, policies and procedures.
4.05 The County shall use its standard form contract for design and
construction service authorizations and /or work orders which incorporates all provisions
required by state statute, local laws or policies, including but not limited to, payment and
performance bonds and insurance requirements.
Page 5 of 15
4.06 The County shall negotiate the fees associated with the Consultant and /or
Contractor contract and pay each Consultant and /or Contractor from the funds provided
by the City for that purpose pursuant to Section 9 of the Agreement.
Section 5: Design Criteria Phase
5.01 The City Project Manager and the Consultant shall develop a scope of
work by which the Consultant can develop the City Design Criteria Package sufficient to
allow a design -build contractor to respond to the RFP. Using the scope of work
identified by the City, the County Project Manager shall negotiate the Consultant's
costs, which together comprise the City CSA. When the City is satisfied with the
proposed City CSA, it shall provide the County with the City Design Criteria Election.
The City must make the City Design Criteria Election no later than 30 days after the
Effective Date of this Agreement. Upon receiving the City Design Criteria Election, the
County shall enter into a City CSA on behalf of the City
5 02 Upon County execution of the City CSA, the County and Consultant will
diligently begin work on the City CSA.
5.03 The Consultant will concurrently provide the City and County Project
Managers with copies of all deliverables and submittals required by the City CSA for
review and comment. The County Project Manager shall meet with the City Project
Manager and Consultant(s), if necessary, to review the deliverables and submittals.
The Consultant shall provide the County and the Project Managers with written reports
containing all comments resulting from all submittal reviews. The County and the City
Project Manager shall review the written reports to ensure that the Consultant
addresses each comment and incorporates changes approved by the City into the work
product.
5.04 The City may make changes to the City CSA by having the City
Representative request that the County Representative amend the City CSA and
providing the same notification with regard to the change request as the City provided
for the City Design Criteria Election. Upon receipt of the City's request to change; the
County shall enter into an amendment to the City CSA. Funding for any City CSA
amendment will be as described in Section 9.
5.05 The County Project Manager shall administer the City CSA in accordance
with the Consultant Contract and the City CSA. In the event of a conflict between the
Consultant Contract and the City CSA, the terms of the Consultant Contract shall
prevail.
5.06 At any time during the term of this Agreement, the City may request that
the County cause the Consultant to perform service provided for in the Consultant's
contract other than those provided for in the City CSA. The City's request for other
Page 6 of 15
services shall be in the same format and content as the City Design Criteria Package
Election
5.07 If the City terminates this Agreement after the Consultant has delivered
the Design Criteria Package to County, then the County shall provide the City Design
Criteria Package to the City.
Section 6: Request for Proposals (RFP)
6 01 The County shall prepare a RFP for a Contractor which includes an
Alternate encompassing the City's Design Criteria Package and which may be awarded
to the Contractor, at the City's election. The RFP shall contain language clearly
indicating that the City's Design Criteria Package is a mandatory component, which may
or may not be awarded in the City's sole discretion, and that the unit or component
prices included in the Alternate shall be identical to those unit or component prices
included in the bid for the County's P25 Migration Project. The City Radio System
Election may, or may not be made by the City, in its sole discretion, and the proposer
will be bound by its responses to the County portion of the RFP regardless of whether
the City chooses to make the City Radio System Election.
6.02 The City shall be invited and encouraged to participate in all aspects of the
RFP and the selection of a Contractor, but shall not have a representative sit as a voting
member of the final selection committee. If the City does not concur with the results of
the County's selection of a Contractor, the City may terminate this Agreement.
6.03 Despite not having a representative of the City as a voting member of the
final selection committee for the Contractor, elected officials of the City shall comply
with Sec. 2 -355, Palm Beach County Code of Ordinances with regard to communication
with respondents to the RFP The County Representative shall provide to the City's
elected officials the same notifications with regard to the cone of silence to City elected
officials as he /she does to the Board. Employees of the City shall comply with the terms
of the RFP with respect to directing communications to and from potential respondents
about the RFP
6 04 After the selection committee's recommendation has been considered by
the Board, the Board may direct County Representative to begin negotiations with the
selected contractor. Within 30 calendar days of the Board's direction to County staff to
commence negotiations, the City Representative shall advise the County
Representative as to whether the City desires that the County negotiate the selected
contractor's City SOW.
6.05 The County Project Manager and Consultant shall negotiate the City SOW
according to the City Design Criteria Package and the Contractor's proposal. The
County Project Manager shall coordinate the negotiations with the City Project Manager
so that the City can reasonably participate in the negotiations.
Page 7 of 15
6 06 Upon completion of the negotiations with the selected contractor for the
City SOW, the County will transmit a copy of the proposed City SOW to the City for
review and final comment Concurrent with the transmittal of the City SOW, the County
shall also transmit the terms pursuant to which the County will allow the City to use
assets of the County's P25 Radio System on an on -going basis. The City shall have no
more than sixty (60) calendar days from the receipt of the transmittal for the City to
provide the County with the City Radio System Election. If the City chooses not to make
the City Radio System Election within 60 calendar days, the County shall have the right
to terminate this Agreement.
Section 7: Design and Installation Phase
7.01 The County Project Manager shall conduct a pre -work conference for
attendance by the Consultant, City Project Manager, the Contractor and all other
interested parties.
7.02 The County Project Manager and the Consultant shall provide installation
administration services described in the City CSA and the City SOW. Examples of such
services are: 1) reviewing and commenting on shop drawings; 2) administering
coordination meetings; 3) making recommendations on change orders; 4) measuring,
estimating and calculating quantities of work and certifying estimates and
vendor /installer payments; 5) performing and reporting on field testing of materials and
equipment, 6) identifying and resolving technical problems encountered during
implementation; 7) conducting on -site inspections of all facilities and equipment
installations, certification of equipment operating parameters, verification of system
integration and integration with existing systems and equipment; 8) participating in site
acceptance testing, reviewing and verifying all test data to determine whether site and
equipment performance is in compliance with the City SOW; and 9) participating at
system acceptance testing including staging at the manufacturer's facilities and in the
City after its installation.
7 03 The County Project Manager shall review the payment applications
submitted by the Contractor for completeness and conformance with contract
requirements, Certification of the amount(s) to be paid shall be determined with the
Consultant after consultation with and approval by the City Project Manager. Copies of
the applications for payment shall be sent to the City Project Manager after County
approval of payment application.
7.04 The City may make changes to the City SOW by having the City
Representative request that the County Representative amend the City SOW and
providing the same notification with regard to the change request as the City provided
for the City Radio System Election. Upon receipt of the City's request to change; the
County shall enter into a change order to the City SOW. Funding for any amendment to
the City SOW will be as described in Section 9.
Page 8 of 15
Section 8: Project Close -Out
8.01 The County Project Manager and the Consultant shall provide project
close -out services in accordance with the City CSA and City SOW. Examples of those
services are: 1) review of general accuracy of information submitted and certified by the
Contractor; 2) preparation of electronic Auto CAD 2013 record drawings based on
information furnished, including significant changes in the work made during
implementation; 3) during final inspection assist in the development of the list of items to
be completed; 4) assist with acceptance testing, system certifications and inspections to
verify final completion of the list of items and the work; and 5) obtain and compile all
required close -out documentation including but not limited to record drawings, approved
final permits, certificates of occupancy, certificates of completion, product and
contractor warranties, training material and user manuals etc
8.02 No earlier than the successful completion of the City Radio System
acceptance testing and no later than concurrent with the closeout of the P25 Radio
System Contract, the County will. 1) convey, via bill of sale to the City, all assets that
are the subject of the City SOW; and 2) assign all warranties to the City that are the
subject of the City SOW. The exact time for conveyance and assignment will be agreed
upon by the County Representative and City Representative.
8.03 The sole responsibility for maintenance of the City Radio System, and the
costs thereto, shall pass to the City concurrent with the conveyance of the assets and
assignment of warranties described above.
8.04 The City and the County will create a separate agreement, or amend the
existing agreement, for the City's ongoing use of any County P25 Radio System assets
Section 9: Project Funding, Payments and Change Management
9 01 The City shall be responsible for all costs associated with the City CSA(s)
and City SOW. City's funding responsibilities shall include, but not be limited to, all
procurement costs, the costs of frequency management services, application and permit
fees to governmental entities, surveys, geotechnical investigations, field coverage
testing, utility connection charges, out of pocket costs and expenses incurred by the
County in the performance of, or directly related to, this Agreement, and all expenses,
fees or costs that are reasonably incurred by County and /or required to complete the
City CSA and City SOW.
9.02 The County is solely responsible for funding all costs or services
associated with; 1) the County's staff and County program management services, and
2) litigation with Consultant or Contractor resulting from the County's administration of
the City CSA and City SOW, provided however that the litigation is not the result of any
action of the City.
Page 9 of 15
9.03 All funds sent by the City to the County will be placed in a separate unit
within the County's budget entitled "Boynton Beach Radio System" which will become
the City Radio System Budget. All funds transferred by the City to the City Radio
System Budget must not be the subject of any contractual obligations, express or
implied.
9.04 All expenditures authorized by the City pursuant to this Agreement will be
made from the City Radio System Budget. City Radio System Budget shall not be used
for expenses pursuant to Section 9 02.
9 05 Although contingency funding will be transferred at different times
throughout the Agreement, the City contingency funds are cumulative and maintained
as a single contingency until the City Radio System is completed.
9.06 City acknowledges that the County will not contribute any funds to the City
CSA and City Radio System, and as a result, the City is encouraged to allocate
sufficient funds to allow the City to maintain its own contingency account in the event
that the costs exceed the City Radio System Budget. The County Representative will
immediately notify the City Representative by email at any time that the costs of the City
Radio System are projected to exceed the City Radio System Budget for City approval
of scope reductions or increases to the City Radio System Budget.
9 07 Change requests approved by the City which do not impact the cost of the
City SOW, may be authorized by the County Project Manager on the signature of the
City Project Manager. Change requests approved by the City which impact the cost of
the City SOW, but which can be addressed through the use of the City Contingency,
shall be authorized by the County upon the signature of the City Representative
9.08 Change requests approved by the City which cannot be funded from the
contingency and will require additional contributions from the City, shall require County
email notice to the City Representative and City Project Manager along with options, if
any, for resolution of the change request along with the estimated costs The City shall
select, and approve by return email to County, an option within seven (7) business days
of County's email notice, or 24 hours prior or the date a critical path will be impacted,
whichever is shorter. If the scope of the change requires an increase in the City Radio
System Budget, City shall within twenty (20) days provide its approval of the change
constituting agreement to increase the City Radio System Budget which must be
accompanied by a transfer of funds sufficient for the change order and an additional
10%
9.09 The Director of FDO shall have the authority to execute all documents
pertaining to the City Radio System, without further Contract Review Committee or
Board of County Commissioner review, after receiving City approval to execute the
documents pursuant to this Agreement. However, all such documents shall be reviewed
for legal sufficiency prior to execution by the Director of FDO.
Page 10 of 15
9.10 One hundred (100 %) of any funds remaining in the City Radio System
Budget will be refunded to the City within thirty (30) days of; (1) the date of the
termination of this Agreement, or (2) the date of the close -out of the P25 Radio System
project, whichever is earlier.
9.11 In the event that the Contractor fails to comply with the P25 Radio System
Contract requirements and County relies on the Contractor's surety bond to cure the
default, County agrees to hold City harmless from any cost beyond that which was
contemplated by the scope of the City SOW at the time of default
Section 10: Liability and Insurance
10.01 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. Furthermore, nothing herein shall be construed as a waiver of
sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes
10.02 Without waiving the right to sovereign immunity as provided by Florida
Statutes Section 768.28, the parties acknowledge that they are each self- insured for
general liability under Florida sovereign immunity statutes with coverage limits of
$200,000 per person and $300,000 per occurrence, or such monetary waiver limits that
may be established by the Florida legislature.
Section 11: Term
The term of this Agreement shall commence upon execution of the Agreement by
the County (Effective Date) and shall extend for three (3) years or until the completion of
the City Radio System, whichever is longer, unless terminated pursuant to Section 12 of
this Agreement The City and County can mutually agree to extend this Agreement for
any duration acceptable to both parties
Section 12: Termination
12 01 The City and County may unilaterally terminate this Agreement as
provided in other sections of this Agreement. At any time prior to the County's receipt of
the City's Radio System Election, the City may, for any reason, terminate this
Agreement. In the event the City terminates the Agreement, the City shall provide
written notice to the County. Within 5 business days of County's receipt of notice, the
County shall terminate the services of the Consultant pursuant to the terms of the
Consultant contract and the City agrees that it will reimburse the County for all costs
incurred up to the date of the termination of the Consultant's contract.
12 02 At any time prior to the County's receipt of the City's Radio System
Election, the County may, for any reason, terminate this Agreement by providing written
notice to the City which shall be effective immediately upon receipt. The County shall
Page 11 of 15
terminate the services of the Consultant pursuant to the terms of the Consultant
contract and the City agrees that it will reimburse the County for all costs relating to the
City CSA incurred up to the date of the termination of the Consultant's contract.
12.03 In the event the County receives a City Radio System Election from the
City, then thereafter, neither party shall have the right to terminate this Agreement
unless the other party is in default of its obligations contained in this Agreement.
Section 13: 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:
County Administrator
301 North Olive Avenue
West Palm Beach, FL 33401
Director, Facilities Development & Operations
2633 Vista Parkway
West Palm Beach, FL 33411
With a copy to:
County Attorney's Office
301 North Olive Avenue
West Palm Beach, Florida 33401
As to Boynton Beach
City Manager, City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425 -0310
With a copy to.
Chief of Police
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
Page 12 of 15
Section 14: 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 15: 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 16: Delegation of Duty
Nothing contained herein shall be deemed to authorize the delegation of the
Constitutional or Statutory duties of any party
Section 17: Time is of the Essence
Time is of the essence with respect to the performance of every provision of this
Agreement in which time of performance is a factor.
Section 18: Non - Discrimination
The parties agree that no person shall, on the grounds of age, race, color, sex,
national origin, disability, religion, ancestry, marital status, familial status, sexual
orientation, gender identity and expression, or genetic information be excluded from the
benefits of, or be subjected to any form of discrimination under any activity carried out
by the performance of this Agreement
Section 19: Force Majeure
Any party delayed by a Force Majeure Event, as defined herein, in performing
under this Agreement shall use reasonable efforts to remedy the cause or causes of
such Force Majeure Event. A delay due to a Force Majeure Event shall serve to toll the
time to perform under this Agreement. "Force Majeure Event" shall mean any act of
God, fire, flood, earthquake, explosion, hurricane, riot, sabotage, terrorist attack,
windstorm, failure of utility service, or labor dispute.
Section 20: Inspector General Audit Requirements
Palm Beach County has established the Office of the Inspector General in Palm
Beach County Code, Section 2 -421 - 2 -440, as may be amended. The Inspector
General is authorized with the power to review past, present and proposed County
Page 13 of 15
contracts, transactions, accounts and records. The Inspector General's authority
includes, but is not limited to, the power to audit, investigate, monitor, and inspect the
activities of entities contracting with the County, or anyone acting on their behalf, in
order to ensure compliance with contract requirements and to detect corruption and
fraud Failure to cooperate with the Inspector General or interfering with or impeding
any investigation shall be a violation of Palm Beach County Code, Section 2 -421 - 2-
440, and punished pursuant to Section 125 69, Florida Statutes, in the same manner as
a second degree misdemeanor
Section 21: Construction
No party shall be considered the author of this Agreement since the parties
hereto have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final agreement. Thus, the terms of this Agreement shall not be
strictly construed against one party as opposed to the other party based upon who
drafted it In the event that any section, paragraph, sentence, clause, or provision hereof
is held by a court of competent jurisdiction to be invalid, such shall not affect the
remaining portions of this Agreement and the same shall remain in full force and effect.
Section 22: No Third Party Beneficiary
No provision of this Agreement is intended to, or shall be construed to, create
any third party beneficiary or to provide any rights to any person or entity not a party to
this Agreement, including but not limited to any citizen or employees of the County
and /or City.
Section 23: Effective Date
This Agreement shall be expressly contingent upon the approval of the City
Commission of the City of Boynton Beach which must be followed by the approval of the
Palm Beach County Board of County Commissioners and the Agreement shall become
effective only when signed by the City Commission of the City of Boynton Beach
followed by the signature of the Palm Beach County Board of County Commissioners.
The remainder of this page is left intentionally blank
Page 14 of 15
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first written above
ATTEST:
SHARON R. BOCK PALM BEACH COUNTY, a political
CLERK & COMPTROLLER subdivision of the State of Florida
By: By:
Deputy Clerk
APPROVED AS TO FORM AND APPROVED AS TO TERMS AND
LEGAL SUFFICIENCY: CONDITIONS:
By: By:
County Attorney Audrey Wolf, Director
Facilities Development & Operations
ATTEST:
CITY CLERK CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida
By. By:
, City Clerk , Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By.
, City Attorney
Page 15 of 15
4 40.040„ ..
er6 October 24, 2014
•
i t OR1S*
Chief of Police Jeffrey Katz
Facilities Development & Boynton Beach Police Department
Operations Department 100 E Boynton Beach Blvd.
Boynton Beach, FL 33435
2633 Vista Parkkkay
West Palm Beach, FL 33411 Dear Chief Katz:
Telephone - (561) 233-0200 Enclosed please find three (3) P25 Migration Interlocal Agreements for
Facsimile �s61� 233 0206 consideration and approval by your City Commission.
www pbcgoti com
If the agreement meets with the approval of the Commission, kindly return
the three (3) original executed Agreements to the following:
Denise Coffman
Business & Community Agreements Manager
Palm Beach County PBC Facilities Development & Operations Department
Board of County 2633 Vista Parkway
Commissioners
West Palm Beach, FL 33411 -5603
Upon receipt, we will move forward to obtain final County approval and
Priscilla A Taylor, Mayor
execution and I will forward both an electronic copy and a fully executed
Paulette Burdick. Vice Mayor original to you for your files. If you have any questions or concerns,
please do not hesitate to let me know.
Hal R Valeche
Shelley Vana Sincerely
Step en L Abram, �-� t %
'� f k .
Mary Lou Berger L. Denise Coffma
Jess R Santamaria
Enclosures: Interlocal Agreements (3)
County Administrator ec: Lori LaVernere, City Manager
Robert Weisman, P E City of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, FL 33425 -0310
Tim Howard, Director of Financial Services
"4n Equal Oppartumty City of Boynton Beach
Affirmative Action Employer ' 100 E Boynton Beach Blvd.
Boynton Beach, FL 33425 -0310