R92-27RESOLUTION NO. R92-~7
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 BOARD OF COUNTY
COMMISSIONERS OF PALM BEACH COUNTY,
FLORIDA AND THE CITY OF BOYNTON BEACH
FOR THE ENHANCEMENT AND MAINTENANCE OF
THE E911 EMERGENCY TELEPHONE SYSTEM;
A COPY OF SAID AGREEMENT IS ATTACHED
HERETO; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, deems it to be
in the best interest of the citizens and residents of the
City to execute a revised Interlocal Agreement with the
tBoard of County Commissioners of Palm Beach County, Florida
for the Enhancement and Maintenance of the E911 Emergency
Telephone System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Sectional. The City Commission of the City of
Boynton Beach., Florida authorizes and directs the Mayor and
City Clerk to execute a revised Interlocal Agreement between
the City of Boynton Beach, Florida and the Board of County
Commissioners of Palm Beach County, Florida, which Agreement
is attached hereto as Exhibit "A".
Section 2. This Resolution shall become effective
immediately upon passage.
PASSED AND ADOPTED this /~ day of February, 1992.
CITY OF BOYNTON BEACH, FLORIDA
-C-i~ i Clerk ~
(CbrpOrate Seal)
E911.agr (rev)
2/7/92
Mayor
Vice Mayor
Com~iss '
C~ '~ssioner
_Bie City oj
. Boynton Beach
I00 E. 'fioynton Beach Boulcz,ara
P.o. BOx .3 I0
'I~ounton Beach, Flori,~a 33425-0310
Ory Mdil: ~ 40 7 ~ 734-8111
EAX: 407~ 738-7459
February 24, 1992
The Honorable Karen Marcus
Chairwoman
Palm Beach County Commission
P. O. Box 1989
West Palm Beach, FL 33402
RE: Resolution #R92-27
Dear Chairwoman Marcus:
Attached please find a copy of Resolution #R92-27
authorizing an Interlocal Agreement between The Board of
County Commissioners of Palm Beach County, Florida and the
City of Boynton Beach for the enhancemen~ and maintenance
of Eg-l-1 emergency telephone system.
This resolution was approved at the City Commission meeting
held on February 28, 1992.
Please sign where indicated and when completed by Deputy Clerk
and County Attorney, please return one completey executed
original to me for Central Files. Thank you.
If you have any questions regarding this, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
mas
Attachment
Sue Kruse, City Clerk
America s Gotez~'m_I to the (irl[[~Urcom
INTERLOC~L &GREEIiENT
BETWEEN THE BOARD OF 'COUNTY CONIIlSB'rONERI~ OF
PALI! BEACH COUNTY, FLORIDA ~
THE CITY OF BOYNTON BEACH
FOR THE EltlI~NCEHENT ~ N~INTENANCE OF THE
E 9-'~-'~ ENERGENCY TELEPHONE NUNBER 8YSTEN
THIS AGREEMENT is made and entered into this day of
· 1992, by and between the Board of County
Commissioners of PALM BEACH COUNTY, a political subdivision of the
State of Florida, whose address is 301 North Olive Avenue, West Palm
Beach· Florida 33401, hereinafter referred to as the COUNTY and the
City of Boynton Beach, a Florida municipality, whose address is, 120
East Boynton Beach Boulevard· Florida 33435, hereinafter referred to
as the CITY/TOWN.
WITNE8 BETH
WHEREAs, pursuant to Section 365.171(13), Florida Statutes, and
consistent with the State-approved County Plan for the E 9-1-1
System, the COUNTY is authorized to establish, upgrade, coordinate
and take other appropriate actions, in pursuance of which authority,
among other things, the COUNTY imposes a "9-1-1 Fee" paid by the
local telephone exchange subscribers within the COUNTY boundaries,
which fee is deposited in a special fund, expenditures from which
are authorized for the acquisition
installation, operation and maintenance
and equipment; and
WHEREAS, Section
(lease and/or purchase),
of E 9-1-1 system service
365.171(13) (a) (6), Florida Statutes,
acknowledges the legislative intent that the "9-1-1" fee imposed and
collected by the COUNTY will not necessarily provide the total
funding rec~/ired for establishing or providing the "9-1-1" service;
and
WHEREAS, the COUNTY is authorized, pursuant to the provisions
of Chapter 163, Florida Statutes, to enter into agreements with
other governmental- agencies in Palm Beach County on a basis of
mutual advantage; and
WHEREAS, the COUNTY desires to assist in the enhancement of the
CITY/TOWn's Public Safety Answering Point, which enhancement may
include the acquisition, installation and/or maintenance of selected
equipment, and is authorized under Section 365.171, Florida Statutes
and the County budget adopted or to be adopted for the 9-1-1 system,
and for which enhancement the CITY/TOWN desires to be reimbursed in
accordance with this Agreement; and
WHEREAS, the COUNTY and the CITY/TOWN consider entering into
and performing this Interlocal Agreement to be in the best interests
of their respective citizens and the health, safety and welfare of
such citizens;
NOW THEREFORE, in consideration of the premises and promises
herein contained, it is mutually agreed between the parties as
follows:
1. Purpose. The background and purpose of this Interlocal
Agreement are as set forth in the above recitals incorporated herein
by reference. This Agreement provides for reimbursement and
establishes reimbursement procedures, minimum performance standards
and other related procedures, and defines responsibilities
pertaining to the E 9-1-1 Emergency Telephone Number System as they
relate to the parties hereto. The subjects addressed herein and the
responsibilities assigned are not all inclusive and it is
anticipated that the E 9-1-1 Emergency Telephone Number System in
Palm Beach County will require future revisions and modifications.
document does not represent a limitation of
and may be amended by mutual agreement of the
Accordingly, this
E 9-1-1 subjects
parties.
2. The Term. This Contract shall
1, 1992 to September 30, 1993, and shall
and extended
notice to the
least ninety
be effective from October
be automatically renewed
~or one (1) year unless either party gives written
other of its intention to terminate this Contract at
(90) days prior to the date of expiration.
2
3. Obliqations of the CITY/TOWN.
a. The CITY/TOWN shall submit to the COUNTY, no later
than March 15, 1992 and March 15th of each succeeding year
thereafter, the anticipated maximum 9-1-1 costs requested to be
reimbursed to the CITY/TOWN during the term of the Contract. For
purposes of this Contract, 9-1-1 costs means costs eligible for
reimbursement and shall include costs for those items specified in
Section 365.171(13), Florida Statutes, as the same now exists or may
hereafter be amended.
b. The CITY/TOWN shall promptly report to the COUNTY any
or database failures as per the Responsibilities and
Manual, which is in effect and furnished to the
equipment
Guidelines
CITY/TOWN.
c. As between the CITY/TOWNand the COUNTY, the CITY/TOWN
shall be responsible for purchasing and acquiring any 9-1-1 related
equipment for whi6h reimbursement has been requested and approved of
by the COUNTY pursuant to this Agreement. As between the CITY/TOWN
and the COUNTY, the CITY/TOWN shall be responsible for repairing any
9-1-1 related equipment for which sufficient funds are available,
subject to reimbursement by the COUNTY in accordance with this
Agreement. All requests for reimbursement must be submitted to
9-1-1 Management no later than July 31, 1993 and July 31, of each
succeeding year thereafter.
d. The CITY/TOWN shall
boundary changes within fourteen
notify the COUNTY of any service
(14) days of adoption of the
Ordinance setting forth such change.
e. The CITY/TOWNshall provide security and back-up power
to its 9-1-1 system in accordance with the State 9-1-1 plan.
f. The CITY/TOWN shall provide call takers sufficient to
meet the requirements of the State of Florida, Division of
Communications, pursuant to State 9-1-1 Plan.
g. To the extent permitted by law, the CITY/TOWN shall
indemnify and hold harmless the COUNTY from and against any
liability, cost or expense arising from any act or negligence of the
CITY/TOWN, its agents and employees incurred in connection with the
3
performance of this Contract. For purpose of liability, the
CITY/TOWN and COUNTY are covered by the provisions of Section
768.28, Florida Statutes, and this Contract shall not be deemed a
waiver of Sovereign I~u~unity by either party.
h. The CITY/TOWN shall comply, at minimum, with all
standards established for public safety answering points by the
Division of Communications of the State of Florida.
i. Co~unensurate with the capabilities of the CITY/TOWN
Public Safety Answering Point equipment, consistent with the County
Approved Plan, and with no additional liability, expense or cost to
the CITY/TOWN, the CITY/TOWN shall establish and maintain alternate
routing to another answering point with Automatic Number
Identification (ANI) and Automatic Location Information (ALI)
capabilities.
4. Obliaations of the COUNTY.
a. The COUNTY shall assist the CITY/TOWN, to the extent
practical, in the identification and designation of appropriate
9-1-1 costs for which reimbursement may be requested pursuant to
this Agreement.
b. The COUNTY shall submit to the CITY/TOWN, no later
than May 31, 1992 or May 31st of each succeeding year thereafter,
the anticipated maximum 9-1-1 costs to be budgeted for reimbursement
and to be reimbursed by the COUNTY to the CITY/TOWN during the term
of the Contract.
c. The COUNTY shall reimburse CITY/TOWN for legitimate
9-1-1 costs incurred during the term of, and in accordance with the
provisions of, this Contract, provided the invoices for which are
submitted to the COUNTY as soon as practical but no later than
thirty (30) days of expiration of this Contract. Reimbursement of
costs incurred by the CITY/TOWN in accordance with this Contract,
and budgeted and approved of by the COUNTY, will be made upon
receipt of invoices, including copies of the applicable bill from
the equipment or service provider, delivered to:
9-1-1 Management Office
3111 South Dixie Highway - Suite 208
West Palm Beach, Florida 33405
4
Payment will normally be made by the COUNTY within forty-five (45)
days of receipt of the invoices and supporting materials.
d. The COUNTY shall give priority, in the allocation of
9-1-1 fee revenue, to recurring project expenses and costs over new
capital (equipment) expenditures, new non-recurring expenses or
costs, and new recurring expenses and costs (including call takers).
e. The COUNTY shall notify the CITY/TOWN within sixty
(60) days, in the event sufficient funds are not available to
reimburse any of the anticipated maximum 9-1-1 costs requested.
f. The COUNTY shall be responsible for establishing and
maintaining current a Master Street Address Guide (MSAG).
g. The COUNTY shall provide a means, whenever practical,
for expediting repair to the 9-1-1 equipment.
h. The obligations of the COUNTY are subject to the
availability of sufficient funds collected from the "9-1-1" fee.
5. Notices. All notices required under this Contract shall
be forwarded, in writing, to:
CITY/TOWN:
City of Boynton Beach
120 E. Boynton Beach Blvd.
Boynton Beach, Florida 33435
with a copy to:
COUNTY:
Emergency Medical Services - 911 Management
3111 South Dixie Highway - Suite 208
West Palm Beach, Florida 33405
with a copy to:
County Attorney
301 N. Olive Avenue - Suite 601
West Palm Beach, Florida 33401
6. Waiver of Breach. It is hereby agreed to by the parties
that no waiver of breach of any of the covenan~ts or provisions of
this Agreement shall be construed to be a waiver of any succeeding
breach of the same or any other covenant.
5
7. Le a_~l Effect. This Agreement shall not become binding and
effective until approved by the respective governing bodies hereto,
and filed with the Clerk of the Circuit Court of the Fifteenth
Judicial Circuit, in and for Palm Beach County, Florida, pursuant to
Section 163.01(11),
8. Entirety
that there
identified
obligations
or otherwise altered,
parties hereto.
Florida Statutes.
of Aareement. The CITY/TOWN and COUNTY agree
are no promises or understandings other than those
or stated herein. None of the provisions, terms or
in this Contract may be added to, modified, superseded,
except by written instrument executed by the
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
6
IN WITNESS WHEREOF, the County of Palm Beach, Florida, has
caused this Contract to be signed by the Chair of the Board of
County Commissioners, and the seal of said Board to be affixed
hereto and attested by the Clerk of said Board, pursuant to
authority granted by said Board, and the CITY/TOWN has caused this
Contract to be signed by and attested by
the Clerk, pursuant to authority granted by said
ATTEST:
~City Clerk
APPROVED AS ~O FORM AND
LE A . SUFF IENC, %
BY:
CITY OF BOYNTON BEACH
ATTEST:
MILTON T. BAUER, CLERK
PALM BEACH COUNTY,
BY ITS BOARD
COMMISSIONERS
FLORIDA,
OF COUNTY
BY:
DATE:
Deputy Clerk
BY:
DATE:
Chair
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
County Attorney