R02-064RESOLUTION NO. R 02 ~' Ofoq
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO ENTER INTO AN INTERLOCAL
AGREEMENT WITH THE MUNICIPAL PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM AND
SETTING FORTH THE CONDITIONS UNDER WHICH
THE $12,50 MONEY WILL BE PAID TO THE
MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM OF PALM BEACH COUNTY, INC.;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, this Interlocal Agreement between the City of Boynton Beach and
Municipal Public Safety Communications Consortium of Palm Beach County, Inc.
establishes the conditions of which the $12.50 money will be paid; and
WHEREAS, this Interlocal Agreement streamlines the process eliminating the
involvement of a third party; and
WHEREAS, under this agreement, the City would apply directly to the County
>r, depending on the favorable outcome of pending legislation, eliminate the County with
Jirect disbursement from the Clerk of the Court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
DF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I. Each Whereas clause set forth above is true and correct and
.ncorporated herein by this reference.
Section 2. The City of Boynton Beach is a member of the Municipal Public
Safety Communications Consortium and supports its public safety communications plan.
Section 2. That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this /{, day of April, 2002.
ATTEST:
CITY O~F BOYI'~TON BE-ACH, FLORDA
/~~C ~mm_~isC°mmissi°ner
c~tditions
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND THE MUNICIPAL PUBLIC
SAFETY COMMUNICATIONS CONSORTIUM OF, PALM BEACH
COUNTY, INC. REGARDING PARTICIPATION IN A COUNTYWIDE
INTEROPERABLE RADIO COMMUNICATIONS SYSTEM
THIS INTERLOCAL AGREEMENT is entered into this I{~ day of ~[- , 2002
and between the City of Boynton Beach, a municipal corporation, located at 100
East Boynton Beach Boulevard, Boynton Beach Florida 33425 (herein after referred
to as the "CITY") and the Municipal Public Safety Communications Consortium of
Palm Beach County, Inc., a municipal non-for-profit corporation located at 260
Orange Tree Drive, Atlantis, Florida 33462 (herein after referred to as the
"CONSORTIUM").
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 defined 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, it has been determined that the planning and development of an
interoperable countywide municipal public safety communications system will allow
municipal public safety agencies to improve their provision of public safety, services by
virtue of enhanced inter-agency communications and cooperation; and
WHEREAS, the Municipal Public Safety Communications Consortium
(CONSORTILrM) was formed through the cooperative efforts of various municipalities
to plan and implement an interoperable Countywide municipal public safety radio
communications system; and
WHEREAS, the CITY has joined 21 other municipalities located within Palm
Beach County to form the CONSORTIUM and the CITY has long been involved with the
improvements of public safety communications; and
WHEREAS, the City has recently made a substantial investment in it's current
voice radio system; and
WHEREAS, Section 318.21 (10), Florida Statutes, requires any county with an
approved intergovernmental radio communications program (ICP) to use $12.50 from
each moving traffic violation fine to fund that county's participation in such a program;
and
WHEREAS, Palm Beach County has an ICP plan approved by the State of
Florida; and
WHEREAS, on February 5, 2002, the Palm Beach County ("COUNTY") Board
of County Commissioners adopted Resolution R-2002-92 ("the County Resolution")
addresses traffic fine revenues available to the CITY through the County pursuant to
Section 318.21 (10), Florida Statutes, ("$12.50 Traffic Fund Revenues") and, among other
things, provides that the CITY may apply for reimbursement of actual collection of
$12.50 Traffic Fund Revenues and/or to assign said revenues to the CONSORTIUM; and
WHEREAS, the City will be participating in and benefiting from the ICP
program through the CONSORTIUM; and
WHEREAS, the CITY desires to agree to contribute certain $12.50 Traffic Fund
Revenues to the CONSORTIUM, as more specifically described herein, and the Parties
desire to agree to undertake other responsibilities set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations herein, the parties hereto agree as follows:
SECTION 1. TERMS AND CONDITIONS
mo
For the Calendar Year 2002, and each Calendar Year during which this
Agreement shall remain in effect, the CITY shall pay to the
CONSORTIUM it's allocation of $12.50 Traffic Fund Revenues collected
for said Calendar Year, less $150 per radio multiplied by the number of
radio units used by the CITY on January 1 of the applicable Calendar
Year. The payment of such funds shall be made within sixty (60) days of
the receipt of the funds by the CITY.
The City shall notify the CONSORTIUM in writing no later than January
15 of each year of the number of radio units in use as of January 1 of that
Calendar Year. The assignment of funds to the CONSORTIUM shall be
based on the amount of $12.50 revenue less that number of radios
multiplied by $150.00.
The CONSORTIUM agrees to enhance the coverage within the existing
CITY boundaries to "portable in medium building" within a reasonable
time but in no case later than December 31, 2006. This coverage is
defined, as provided in the State of Florida Law Enforcement
Communications Plan, as coverage providing reliable communications in
ninety percent of locations within the coverage area ninety five percent of
the time. Both parties agree that there may be circumstances where
additional equipment may be required to penetrate exceptionally large
building and these instances will be addressed on a case-by-case basis.
The CONSORTIUM will absorb the costs for this equipment.
Under this agreement the CONSORTIUM will make available its wireless
data services and provide voice backup radio capabilities with mobile
radio coverage [o the CITY.
Both parties agree that when the CITY wishes to begin its migration to the
utilization of full voice radio services, this agreement will be reviewed in
terms of levels of reimbursement.
Amendments of this Agreement may be requested by either party.
Amendments of this Agreement shall be effective only when reduced to
writing, approved by the governing body of each party, and executed by
each party.
Fo
This Agreement shall not affect the right, powers, duties and
responsibilities of the parties under the Interlocal Agreement to Establish
the Municipal Public Safety Communications Consortium of Palm Beach
County.
Go
The CITY may audit all records of the CONSORTIUM, which address the
$12.50 Traffic Fund Revenues, of the CITY'S SHARE, in any manner
whatsoever.
SECTION 3. LIABILITY
The CITY agrees to be 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 suits against the CONSORTIUM and agrees to be liable
to the limits set forth in Section 768.28, Florida Statutes, for any damages
proximately caused by said acts or omissions. Nothing herein is intended
to serve as a waiver of sovereign immunity by the CITY to which
sovereign immunity applies. Nothing herein shall be construed as consent
by CITY to be sued by third parties in any matter arising out of any
contract.
Bo
The CONSORTIUM, as an interlocal agency created under the Florida
Statutes, agrees to be fully responsible as set forth in Section 163.01,
Florida Statutes, for its own negligent acts 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 said acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by the CONSORTIUM 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 contract.
SECTION 4. TERMINATION
This Agreement may be terminated by either party to this Agreement upon 30 days prior
written notice to the other party. Notice of such termination shall also be provided to
Palm Beach Coumy and the Clerk of Court for Palm Beach County.
SECTION 5. NOTICE AND CONTACT
All notices provided under or pursuant to the Agreement shall be in
writing, delivered either by hand or by first class, certified mail, returned
receipt requested, to the representatives identified below a the address set
forth below.
For the CONSORTIUM:
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
For the City:
Mr. Kurt Bressner
City Manager
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 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 state 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
be in Palm Beach County, Florida.
SECTION 9. DELEGATION OF DUTY
Nothing contained herein shall be deemed to authorize the delegation of the constitutional
or statutory duties of the officer of the CITY and MPSCC.
SECTION 10. 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, martial stares or sexual orientation be
excluded from 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
~Jerald Br/oening, Mayor
~DATE t../_ ] -../_ 0 ~
APPROVEI~,fi~S T(~FORM AND
C~'Ry"Attomcy ~
ATTEST FOR THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS
CONSORTIUM OF PALM BEACH COUNTY INC. BY THE CHAIRMAN OF THE
BOARD OF DIRECTORS:
BY: . ~
Robert Mangold, C a
DATE