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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., 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19'~ 20 / 21 22 23 24 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