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R01-339RESOLUTION NO. R 01 - ~_~lq A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND D11LECTING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN ~ CITY OF BOYNTON BEACIt AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY, INC., ESTABLISHING THE CITY AS FISCAL AGENT FOR THE MPSCC COMMUNICATIONS PROJECT; AND PROVII)tNG AN EFFECTIVEDATE. WItEREAS, the Municipal Public Safety Communications Consortium 'MPSCC) was fonued through the cooperative efforts of the Criminal Justice 2ommtssion (CJC) and various municipalities to plan and implement an interoperable 2ountywide municipal public safety radio communications system; and WHEREAS, the MPSCC is eligible to receive funds from the Federal, Local Law Enforcement Block Granl (LLEBG); and WHEREAS, the City has agreed to serve as the fiscal agent for the MPSCC's adio communication system project, and will administer all of the financial, procurement md contract management aspects of the federal LLEBG grant funds on behalf of the MPSCC; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The Mayor and City Clerk are hereby authorized to execute an nterlocal Agreement between the City of Boynton Beach and The municipal Public Safety Communications Consortium of Palm Beach County, which Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall becOme effective immediately upon passage. PASSED AND ADOPTED this IS day of December; 2001. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF, PALM BEACH COUNTY, INC ESTABLISHING THE CITY AS FISCAL AGENT FOR THE CONSORTIUM THIS INTERLOCAL AGREEMENT is entered into this t~_ day of ~)e_~. , 2001 by and between the City of Boynton Beach, a. municipal corporation, located at 100 E. Boynton Boulevard, Boynton. Beach, Florida 33425 (hereto referred to as the "CITY") and the Municipal Public Safety C~mmumcations consortium of Palm Beach County Inc., a municipal not-for-profit corporation located at 260 Orange Tree Drive, Atlantis, Florida, 33462, (herein referred to as the "MPSCC"). WITNESSETH: WHEREAS, Section 163.01 of the Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, authorizes local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163 of the Florida Statutes permits public agencies as ~defmed therein to enter into interlocal agreements with each other to exercise jointly any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the MPSCC is eligible to receive funds from the Federal, Local Law Enforcement Block Grant (LLEBG); and WHEREAS, the purpose of the LLEBG is to provide local un/ts of government with funds to underwrite projects to reduce crime and improve public safety; and wmr~REAS, it has been determined that the planning and development o fan interoperable Countywide municipal public safety communications system will allow municipal public safety agen., cies to improve their provision of public safety services by virtue of enhanced inter-agency communications and co- operation; and WHEREAS, the Municipal Public Safety Communications Consortium (MPSCC) was formed through the cooperative efforts of the CJC and the various municipalities to plan and implement an interoperable Countywide municipal public safety radio communications system; and WHEREAS, the CITY has joined 23 other municipalities located within palm Beach County to form the MPSCC and the CITY has long been involved with the improvement of public safety communications; and Page 1 of 4 wm*,REAS, it is mutually beneficial to the CITY and the MPSCC for the CITY to a~sist the MPSCC by acting as its fiscal ag~nt in order to further the progress of the communications project;' NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties hereto agree as follows: SECTION 1.PURPOSE The CITY agrees that it shall serve as the fiscal agent for the Municipal Public Safety Communications Consortium's communications project. As Fiscal agent, the CITY will administer all of the financial, procurement and conu'act management aspects of the federal LLEBG grant funds Consortium in a total amount not to exceed Thre~ Hundred Fifty Thousand Dollars (: payment shall constitute the entre financial obligation on behalf of the MPSC( commencing on October 1, 2001 and terminating on September 30, 2003 as contam~ incorporated herein by reference. B. This Agreement shall be relxoactive and effective as ofthe first day of October 2001 ar the thixtieth day of September 2003, unless otherwise terminated as herein provided. SECTION 2. GENERAL TERMS AND CONDITIONS A. Both the CITY and the MPSCC agree to be govemed by this Agreement, as welt as apt Federal laws, roles and regulations including those related to the Local Law Enforcem Modification of this Agreement may be requested by either party. Changes which are upon shall be valid only when reduced to writing, duly signed by each party's represent; to the original Agreement. )n behalf of the ;350,000) which : for the period rl in Exhibit "A" shall terminate .cable State and ent Block Grant. nutually agreed five and attached SECTION 3. LIABILITY The CITY as a state agency agrees to be fully responsible as set forth in Section 768.28, Florida Statutes, for its own negligent acts or omissions or tortuous acts which result in claims or ~uits against the MPSCC and agrees to be liable to the limits set forth in Section 768.28, Florida ~tatutes, for any damages proximately caused by said acts or omissions. Nothing herein is intended to.~erve as a waiver of sovereign immunity by the CITY to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The MPSCC, as an administrative agency created under the Florida Statutes, agrees to be fully responsible as set forth in Section 163.01, Florida Statutes, for its own negligent act~ or omissions or tortuous acts which result in claims or suits against the CITY, and shall be liable to the limits set forth in Section 163.01, F.S. for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the MPSCC to which sovereign immunity applies. Nothing herein shall be construed as consent to be sued by third parties in any matter arising out of any conu~act. Page 2 of 4 SECTION 4. TERMINATION This Agrecuuent may be terminated without cause by either party to this Agreement upon one hundred eighty (180) days written notice to the other party. SECTION 5. NOTICE AND CONTACT A. Allnotices provided under or pursuant to the Agreement shall be in writing, delivered either by hand or by first class, certified mail, return receipt requested, to the representatives identified below at the address set forth below. For the MPSCC: For the CITY: Mr. Robert Mangold Chairman Municipal Public Safety Communications Consortium of Palm Beach County Inc., a Florida municipal not-for-profit corporation 260 Orange Tree Drive Atlantis, Florida 33462 Hr. Wilfred Hawk/ns Assistant City Manager City of Boymon Beach 100 E. Boynton Beach Blvd. West Pahn Beach, FL 33425 SECTION 6. ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. SECTION 7. INVALIDITY OF CLAUSES The validity of any portion, article, section, paragraph, provision, clause, or any portion thereof of this Agreement shall have no effect upon the validity of any other part or portion hereof. SECTION 8. VENUE To the extent allowed by law, the venue for any action arising from this Agreement shall County, Florida. SECTION 9. ATTORNEY'S FEES Any costs or expenses (including reasonable attorney's fees) associated with the enforcement conditions of this Agreement shall be borne by the respective parties, however, this clause p~ parties to this Agreement. Page 3 of 4 in Palm Beach ~the terms and/or :rtains only to the SECTION 10. DELEGATION OF DUTY Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of the officers of the CITY and MPSCC. SECTION 11. EQUAL OPPORTUNITy PROVISION The CITY and the MPSCC agree that no person shall, on the grounds of race, color, sex,national origin, disability, religion, ancestry, marital status or sexual orientation be excluded fi:om the benefits of, or be subjected to, any form of discrimination under any activity carried out by the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. ATTEST FOR THE CITY OF BOYNTON BEACH, FLORIDA: By: C~I~t Broe{fing, Mayor APPROVED AS TOJ~kR/VI AND By: ( ~.~ Assistant City Attorney ATTEST FOR THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTKJM OF PALM BEACH COUNTY INC., BY THE CHAIRMAN OF THE BOARD OF DIRECTORS: By: Date: Robert Mangold, Chairman Page 4 of 4 City of Boflnton Beach City Clerk's Oj~ce I O0 E Boyntan Beach Boulevard P.O. Box 310 Bo~mon Beach Florida 33425-0310 (56I ~ 742-6060 FAX: (56I~ 742-6090 December 28, 2001 MR ROBERT MANGOLD CHAIRMAN MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY INC, A FLORIDA NOT-FOR-PROFIT CORPORATION 260 CITRS TREE DRIVE ATLANTiS FL 33462 BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED Dear Mr. Mangold: Attached hereto are ~wo (2) partially executed original documents that were approved by the City Commission at its meeting on December 18, 2001: 1. "Interlocal Agreement between the City of Boynton Beach, Florida and the Board of County Commissioners, Palm Beach County, Florida, Establishing the City as ~~"~he~,MPSCC Communications Project", approved by Resolution 2, ~..~ment Between the City of Boynton Beach, FIiorida and the '~l~ty Communications Consortium of Palm Beach County, Inc, /~NoSt. abR~3g9~h~ Oty~S Fiscal Agent for the Consortium", approved by Resolution It is my unde~yl~is Dixon, Communications Manager for the City of Boynton Beach, that you will sign the Consortium agreement and ensure that Diana Cunningham gets the Project agreement for Chairman Newell's signature. Please retarn the fully execated original documents to the City Oerk's office for our records. I~ I can b6 of;any further service, please do not hesitate to contact me, Very truly yours, ~ Y OF BOYNTON BEACH Attachments c: Wilfi'ed Hawkins, Communications, Central Fi~e J:\SHRDATA\CC~WP\Le~ers\Transmittsl of MPSCC Agreements (Communications) approved on 12-18-01.d0c "A~ Equal ©pt~ortunity/Affirmative Action/ADA Employer"