R01-278 RESOLUTION ROi- 2,"/~9
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED AND
RESTATED INTERLOCAL AGREEMENT BETWEEN
THE SOUTH PALM BEACH COUNTY PUBLIC
SAFETY COMMUNICATIONS COOPERATIVE AND
PALM BEACH COUNTY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the original Agreement which established the
S.P.B. Public Safety Communications Cooperative, (comprised of the
City's of Boca Raton, Delray Beach and Boynton Beach) was brought
before the City Commission on April 4, 2000, and approved; and
WHEREAS, that original Agreement which enabled the
respective police and fire departments and local governments to
communicate with each other benefiting public safety concerns was
not executed by ail parties, and a new document has been generated
by the Cooperative, which contains several non-substantive changes;
and
NOW,
COMMISSION
THAT:
Section 1.
THEREFORE, BE IT RESOLVED BY '~HE CITY
OF THE CITY OF BOYNTON BEACH, FLORIDA,
Upon recommendation of staff, this Commission
does hereby authorize and direct the Mayor and City Clerk to execute
an Amended and Restated Interlocal Agreement between the South
Palm Beach County Public Safety Communications Cooperative and
palm Beach County, which is attached hereto as Exhibit "A".
Section 2 That this Resolution
immediately upon passage.
PASSED AND ADOPTED this __
ATTEST:
CITY C
~B(
shall become effective
day of October, 2001.
,Y~T/~N ~/EACH; FLORIDA
HALL · 201 WEST PALMETTO PARK ROAD · BOCA RATON, FLORIDA 33432-3795 · PHONE: (561) 393-7700
(FOR HEARING IMPAIRED) TDD: (561) 367-7046
SUNCOM: (561) 922-7700
November 6, 2001
Ms. Janet M. Prainito. CMC
City Clerk
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425-0310
Subject: Interlocal Agreement
Please find enclosed executed original Amended and Restated Intedocal Agreement to
establish "South Palm Beach County Public Safety Communications Cooperative" approved
by Resolution 87-2000 by the City of Boca Raton at their meeting of April 11 2000,
Sinc./~.rely,
Sharma Carannante,
City Clerk
SC/dc
AMENDED AND RESTATED INTERLOCAL AGREEMENT
to establish
South Palm Beach County Public Safety Communications Cooperative
THIS AMENDED AND RESTATED AGREEMENT, entered into this
i (O of OC~'UO'~ ~ ,200~, originally entered into on the 2'~ day of
February, 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" and
amended on this 17t~ day of March, 2000.
WITNESSETH:
WHEREAS, the parties have entered~into an Interloeal Agreement, dated
February 2, 1998, to establish the South Palm Beach County Public Safety
Communications Cooperative, and the Parties desire to amend and restate said
Interlocal Agreement as provided herein (hereina~er referred to as "the Amended and
Restated Interlocal Agreement"); and
WHEREAS, each of the parties presently maintains a poliee/£~re department
and local government with radio communications services, and
WIIEREAS, the Parties desire to enter this Amended and Restated Interloeal
Agreement to provide a communication system with operation and maintenance
services benefiting public safety and local government; and
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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-to-day activities; and
WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enter
into lnterlocal 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
WHEREAS, pursuant to this Amended and Restated Interloeal Agreement, the
municipalities' respective police and fire departments and local government will be able
to communicate with each other benefiting public safety concerns; and
WHEREAS, it is deemed mutually advantageous to enter into this Amended
and Restated Interlocal 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 hereinat~er set forth, the receipt of which is hereby
acknowledged, do hereby agree as follows:
Section 1. DEFINITIONS
1. "800 MHzffUHF TRUNKED SMARTZONE 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 may he jointly owned, used or shared by the Parties and may include, but
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not be limited to, the construction, modification and/or furnishing of new or existing
transmitter/receiving sites and related subsystems as required for such System; the
construction and/or modification and out-fitting of new or existing equipment storage
facilities at such sites; security of such items, base stations, transmitters/receivers,
microwave subsystem, trunking/Smartzone controllers/system managers, related
sot~ware and any other joimly owned, used or shared items.
3. "FCC" shall mean the Federal Communications Commission or any
successor agency.
4. "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 planning and
construction phases. The Project Coordinator shall perform the duties assigned under
this and any other Agreement between the Pgrties 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 fi.om 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 Party's individual communications 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
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Items and supervising the installation thereof at locations determined by such Party.
Section 2. THE PSCC AND THE BACKBONE SYSTEM
A. This agreement constitutes an Interlocal 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 fi.om the
execution of this Interlocal Agreement by all 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,
from any source, public or private, provided that no power to levy taxes or
assessments he infer/ed herefrom;
3. Improve and maintain any and all 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 afa
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 Direc{ors, which shall consist of the City Managers of each City or their
designee. A chairpersonshalt be selected by and bom the Board membership. A
secrets .ry shall he selected by, but not bom, the Board membership. The chairperson
and secreta~ shall serve for a terga of one year and may serve successive terms without
limitation. Board members shall serve withox)t compensation bom PSCC; however, any
City may reimburse the member representing that City for expenses incurred for
attendance at meetings. Each Board member shall be entitled to one vote. The presence
ora representative of each Party shall he required to constitute a quorum. Action of the
Board shall he 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 proeexlural rules and
regulations for the conduct Of its 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
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within fifteen (15) days following each meeting of the Board. The minutes shall be
ratified by the City Commission or City Council of each Party.
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 as the 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 fi.om 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 :ittend all meetings of the Board. Members shall serve
without compensation fi.om PSCC; however;,any City may reimburse 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
accurate accounting of the financial operation of the PSCC and shall report quarterly to
the Board of Directors on the financial condition of the PSCC.
PSCC Interlocal 6
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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 shared expenses. 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 the PSCC for the purchase of
shared Backbone items.
4. The CITY OF DELRAY BEACH Finance Department shall maintain
all financial records.
H. The annual budget of the PSCC shall he approved by the Board of
Directors and submitted to the City Managers of the Parties no later than May 1st 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 shah also be approved by resolution of governing bodies of each Party.
The first fiscal year of the PSCC shall begin with the effective date oftbe Agreement,
ending September 30, 1998; and shall thereafter be concurrent with the fiscal years of
the Cities. The annual 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.
PSCC lnterlocal 7
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I. The Parties hereby warrant and represent that each has the full legal
authority and financial ability to operate and maintain the shared Backbone items
through the PSCC.
Section 3. TITLE TO SHARED BACKBONE EQUIPMENT AND
SOFTWARE LICENSES
The PSCC shall hold title to the shared Backbone equipment. Proprietary
soi2ware required for the operation of the Backbone and user specific equipment shall
be licensed to the PSCC in a manner whichwill permit its independent use by each
Party, and include appropriate warranties running directly 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, anal the CITY OF BOY'NTON BEACH shall each be
responsible for its own negligence. Nothing'herein shall be deemed to waive any
immunities granted pursuant to Section 786.28, Florida Statutes.
Section 5. WITHDRAWAL FROM 800 MHz/UHF 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 described below, withdraw
fi.om the System and terminate their interest in this agreement.
A. There shall be no refund of any payments under this Agreement ofthe
costs of the shared Backbone equipment or software to a Party should that Party decide
to cease using the Backbone equipment or software.
B. If this Interlocal Agreement is terminated by any party, then that party
may remove all User Specific Items purchased solely by it for attachment or addition to
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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, all 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 from the
system that would result or cause the system to malfunction or disrupt service to the
system users.
E. 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.
F. 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.
Section 6. ADDITIONAL AGREEMENTS, AMENDMENT
After the Project is completed and the System is operational, no additional
parties, cooperative agencies, or additional expansion of the Backbone System may be
added or deleted from such System without the written approval of the Parties and an
amendment to this Agreement adding such additional party, agency, or additional
expansion to tim Backbone System. Upon written consent ofthe Board of Directors,
individual parties may subcontract services to include talk groups to other government
or regulatory agencies. These services shall not exceed their respective allocation.
Section 7. OPERATION AND MAINTENANCE
The Parties recognize that this Agreement provides for the planning, acquisition
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and construction of the Project. The initial cost of certain Radio Backbone equipment
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 for (i) 100% of the cost of operating and maintaining its User Specific Items
included in the System, and (ii) each Party is responsible for one-third (I/3) of the cost
of operating and maintaining the shared Backbone equipment. After appropriation and
budgeting of funds by the Parties, payment to the PSCC for the cost of operating and
maintaining the shared Backbone equipment shall be made annually. The budget
distributed to the City'Managers of the Parties shall be based upon the good faith,
written calculations made by the Project Coordinator. 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 operat'mg expense of
the Backbone equipment will be based. ThePSCC shall insure funds collected are
disbursed to the maintenance vendor.
Section 8. AMENDMENT TO AGREEMENT
This Agreement shall not be amended or modified except in writing executed by
the Parties, and approved by resolution of the independent governing body of each
Party.
Section 9. MISCELLANEOUS PROVISIONS
I. 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.
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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 &this Interlocal Agreement
shall be in writing and hand-delivered or sent by certified mail, return receipt requested.
Notice shall be sent to each City Manager &the Parties.
4. If any terms or provision &this Interlocal Agreement, or the applicaflon
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 unenforceable, 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.
5. This Agreement shall be gove.rned by the laws of the State of Florida.
Any and all legal action necessary to enforce this lnterloeal agreement shall be held in
Palm Beach County, Florida.
6. This Interlocal Agreement represents the entire understanding of the
Parties, and supersedes all other negotiations, representations 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,
except by written instrument executed by the Parties hereto.
7. 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.
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8. The lnterlocal Agreement dated Februa~ 2, 1998 shall remain in full
force and effect; provided, however, in the event o£a conflict between the terms and
conditions ofthis Amended and Restated Interloeal Agreement and the lnterlocal
Agreement dated February 2, 1998, the terms and conditions of this Amended and
Restated Interloeal Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to
be executed the day and year f~rst above written.
CITY OF BOCA RATON
/
-Carol G. HansOn Date !
Mayor of Boca Raton, Florida
Attest:
Approved as to Form and Legality
/~ Cit~.~t~oh~ey
Boca Raton, Florida
CITY OF BOYNTON BEACIt
' Date
Mayor o£Boynton Beach, Florida
PSCC Interlocal
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12
APPROV, ED AS%'[O FORM=
~erk, City ofBoynton Bea~
Approved ~ to Fo~ and Legality
Boston Beae~ Florida
CITY OF DELRAY BEACH
Date
Mayor of Delray Beach, Florida
Attest:
City Clerk, City of Delmy Beach
Approved as to Form and Legality
City Attorney
Delray Beach, Florida
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STATE OF FLOPdDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ,-- day of
· 2000, by Mayor . . , on behalf of
the City of Boca Raton..He, shells personally known t_o me or has produced
as identificalior/ttnd did/did-oot lake an oath.
Nih'lie:
Notary %fic -
Serial Number:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
· / The foregoing instrument was acknowledged~before me this ~J'~' day of
/'vO(~mbe~' ,200~,byMay.or ~rc/[~ z._-*r-oer~irlq ,onbehalfof
the City of BoynWn Beach. He/she ls~personally known., to me'~dr has produced
as identification and d;d/did not take an oath.
Notary Public -- . ..........
~erial Number: i[~f~, sus~ co~u~ II
My Coramlssion Explr~]~ '¥c°~lsstON # CC ~,~0
STATE OF FLORIDA
COUNTY OF PALM BEACH
~_~/The ~foregoing instrument was aeknowle?ged before ,me this ~/~rday of
g/,.,z/be.,-' ,20011, by Mayor ~.~i f~ c~C. JTm ~ ~-~-~ , on behalf of
the ~ity of Dekay Beach. He/she is personally known to rne or has produced
as identificat~/q, an~ydid not take an oath.
Name' //~r/'/', ~,~__.~r_~ ANGB.AWONG
Serial Number:
My Commission Expires.'l~ln'~'
PSCC Interlocal 14
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