R02-058 RESOLUTION NO. R 02 - tD~'~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
THE AMENDED AND RESTATED INTERLOCAL
AGREEMENT TO ESTABLISH SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS;
AND PROVDING AN EFFECTIVE DATE.
WHEREAS, the City of Boca Raton, City of Delray Beach and the City of
Boynton Beach (Parties to the Agreement) desire to amend this Agreement to provide for
~he distribution of the FCC frequencies in the event of the termination of the Agreement,
ar the withdrawal of a party; and
WHEREAS, this action was approved by the Public Safety Communications
Cooperative (PSCC) Board of Directors at a meeting held on Eebruary 27, 2002;
NOW~ TItEREFORE~ BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
acorporated herein by this reference.
Section2. The Mayor and City Clerk are hereby authorized to execute
_Amendment No. 1 to the Amended and Restated Interlocal Agreement to establish South
Palm Beach County Public Safety Communications Cooperative, which Agreement is
ittached hereto and made a part hereof.
Section 3. That this Resolution shall become effective immediately upon
~assage.
PASSED AND ADOPTED this o~. day of April, 2002.
ATTEST:
Clerk
Commissioner
/ Commissioner 0
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
INTERLOCAL AGREEMENT TO ESTABLISH SOUTH PALM BEACH
COUNTY PUBLIC SAFETY COMMUNICATIONS COOPERATIVE
THIS AMENDMENT NO. 1 TO THE AMENDED AND RESTATED
INTERLOCAL AGREEMENT made this oq, day of ~tpO..i ~ , 200~ 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 Cotmty,
Florida, hereinafter referred to as the "Parties".
WHEREAS, the Parties desire to amend this Agreement to provide for the distribution of
the FCC frequencies in the event of the termination of this Agreement or the withdrawal of a
Party; and
WHEREAS, the PSCC's Board of Directors approved Amendment No. 1 at a Board of
Directors meeting held on February 27, 2002 by a vote of 3-0.
NOW, THEREFORE, it is hereby agreed by and between the Parties hereto as follows:
1. The recitals set forth above are hereby incorporated as if fully set forth herein.
2. That "Section 5. WITHDRAWAL FROM 800 MHz/UHF TSR SYSTEM" is
hereby amended by adding Subsection G. to provide as follows:
G. Should one party elect to withdraw from the PSCC and terminate its interest in
the [nterlocal Agreement, or should the PSCC be dissolved, the disposition of radio channels
shall be accomplished as follows:
1. Radio channels authorized specifically in the individual name of any party
shall remain so titled for the benefit and control of that party pursuant to FCC Rules and
Regulations.
2. Radio Channels 629, 659, 681, 727, and 763 (in addition; channels 643
and 805 that are in the application process) multiple licensed pursuant to FCC Rules and
Regulations in the names of the PSCC and the City of Delray Beach shall revert to the
City of Delray Beach, and the license issued in the name of the PSCC shall be cancelled.
Similarly, any radio channels that are multiple licensed in the future by the PSCC and hny
party shall revert to that individual party and the license issued in the name of the PSCC
shall be cancelled.
Should any or all PSCC radio channels thus allocated no longer be required by the
designated party, the PSCC shall determine the best use of the channels within the system or, in
the event of dissolution of the PSCC, between the remaining parties, or otherwise relinquish the
channels in whole or in part to the FCC.
3. This Amendment No. 1 to the Amended and Restated Interlocal Agreement shall
be recorded in the Public Records of Palm Beach County.
4. This Amendment together with the original Agreement and any written
amendments hereto, constitute the entire Agreement between the parties relating tO the subject
matter hereof. It is the final expression of agreement betxveen the parties, thus, neither party shall
be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers,
made either prior to or simultaneous with the execution of this Amendment.
5. Except as expressly modified in writing herein or as modified by subsequent
written amendments, all other terms and conditions of the original Agreement and any
amendments 'thereto survive this Amendment and are deemed to be incorporated herein and are
binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to the
Amended and Restated Interlocal Agreement on the day and year first hereinabove written.
ATTES. T: ,,
City Clerk
Approved as to legal form
and sufficiency:
By:
~.~,~,,City Attorney
CITY OF DELRAY BEACH, FLORIDA
David Schmidt, Mayor
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this l~J day of ~ ,
200 , by Mayor ~, on behalf of the City of Delray Beach, who is .ersonally~known_
_to me/or who has produced
ATTEST:
Approved as to legal form
and sufficiency:
By: ~
~ - Cit/Attor~fey
as identification.
Signature of Sota~-y Public
of Florida
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this/dP day of ~2z~/,
200~ by Mayor __fd/!~ , on behalf of the City of Boca Raton, who l~own
to
me/or who has produced a~ i¢l, entification.
~.: :,= MYCOMMISSION~CCSll~SMarch7, 200~ E~ES Signature of mothy Public - Stat~ -
form
CITY OF BOYNTON BEAC.,/kI, F[ORIDA
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ff
day of ~
2003 by Mayor ~i~Z/. ' Id ~ ~,t~o~tn 'Ibetete~alf of the City of Boynton Be~so~nally
~or w~ has produced as identification.
Signature of Notary Public - State
of Florida
Barbara M. Madden
~,Cornmission # CC 760467
~ Expir~ July 10, 2002
BONDED TH~U ..,~
ATLANTIC BONDING CO.,
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RESOLUTION NO. 62-2002
A RESOLUTION OF THE CITY OF BOCA RATON
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AMENDMENT NO. I TO THE INTERLOCAL
AGREEMENT ESTABLISHING THE' SOUTH PALM BEACH
COUNTY COMMUNICATIONS COOPERATIVE FOR THE
PURPOSE OF UPDATING PROCEDURES FOR
DISTRIBUTION OF FCC RADIO LICENSES UPON
TERMINATION OF THE AGREEMENT OR WITHDRAWAL
OF ANY PARTY TO THE AGREEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING
AN EFFECTIVE DATE
WHEREAS, the City of Boca Raton, pursuant to Resolution No. 1-98, has entered
into an Agreement with the cities of Boynton Beach and Delray Beach for the purpose of
establishing the South Palm Beach County Communications Cooperative (the "Agreement");
and
WHEREAS, the City of Boca Raton desires to enter into Amendment No. 1 to the
Agreement for the purpose of updating procedures for distribution of FCC radio licenses upon
termination of the Agreement or withdrawal of any party to the Agreement; and
WHEREAS, such Amendment No. 1 to the Agreement has been prepared and a copy
thereof is attaChed hereto; now therefore
:bATON:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA
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Section 1. That the Mayor and City Clerk be authorized to execute Amendment No.
I to the Agreement establishing South Palm Beach County Public Safety Communications
Cooperative, a copy of which Amendment No.. 1 is attached hereto.
Section 2. If any section, subsection, clause or provision of this resolution is held
invalid, the remainder shall not be affected by such invalidity.
Section 3. All resolutions or parts of resolutions in conflict herewith shall be and
hereby are repealed.
Section 4. This resolution shall take effect 10 days after adoption.
D ADOPTED by the City Council of the City of Boca Raton this ~/~
day of ~ ,2002.
ATTEST:
/Sh~rma Carannante, City Clerk
CITY OF BOCA RATON, FLORIDA
MAYOR ,,_'~1/~ I[/~ .///
DEPUTY MAYOR ~/.2-,~¢'*f_/4
COUNCIL MEMBER 04~
COUNCIL MEMBER
COUNCIL MEMBER
2
To: Janet Prainito, City Clerk, Boynton Beach
CE;: File
From: Chevelle Nubin, Agenda Coordinator, City of Delray Beach ~,~
Date: 4/12/2002
Re: Public Safety Communications Cooperative
For your records, please find attached one (1) original of the Amendment No. 1 to
the Interlocal Agreement for the South Palm Beach County Public Safety
Communications Cooperative. An original agreement is being sent to Palm Beach
County for recording. Please call me at 243-7059 if you have any questions.
Thanks
CNlcn
Attachment