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R11-0171 3 , 4 1 5 , . 6 I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2 2 2 3 RESOLUTION NO. R11- O 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SECOND AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, EXTENDING THE EXPIRATION DATE OF THE INTERLOCAL AGREEMENT TO FEBRUARY 5, 2016 AND CHANGING THE ADDRESS FOR PAYMENT AND NOTIFICATION TO THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2006, the City Commission authorized the Mayor and City Clerk to enter into a First Amendment to Interlocal Agreement with Palm Beach County outlining the City's use of the County's digital microwave system, which extended the expiration date of the Interlocal Agreement to February 6, 2011; and WHEREAS, the parties would like to extend the duration of the Interlocal Agreement until February 5, 2016 along with updating the address for payment and notification to the County; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into a Second Amendment to Interlocal Agreement with Palm Beach County, which extends the expiration date of the Interlocal Agreement to February 5, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and 3 111 incorporated herein by this reference. S: \CA \RESO\Agreements \Second Amendment to Communications Interlocal T -1.doc I Section 2. The City Commission of the City of Boynton Beach, Florida 2 hereby authorizes and directs the Mayor and City Clerk to execute a Second Amendment 3 to Interlocal Agreement between the City of Boynton Beach and Palm Beach County 4 extending the expiration date of the Interlocal Agreement to February 5, 2016, changing 5 the address for payment and notification to the County, a copy of which is attached 6 hereto as Exhibit "A ". 7 Section 3. This Resolution shall become effective immediately upon passage. 8 PASSED AND ADOPTED this 1 day of January, 2011. 9 CITY�OF BOYNTON BEACH, FLORIDA 10 �. 121 13 14 15 16 17 j 18 19 20 1 21 23 Vic Ir Arlene Ross C her — William Orlove om sione — Woodrow L av Steeen FTolzman 2 30 31 32 33 ATTEST: Jap�t M. Prainito, N94C City Clerk g (Corporate Seal) S: \CA \RESO\Agreements \Second Amendment to Communications Interlocal T -1 doc R2011- 0 121 SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT to Interlocal Agreement R2001 -0200, dated February 6, 2001, as amended b R2006 -0554 (collectively referred to herein as the "Agreement ") is made as of FEQ 0 f2011 , by and between Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners ( "County ") and the City of Boynton Beach, a municipal corporation of the State of Florida ( "City "). In consideration of the mutual promises contained herein, the County and City agree as follows: 1. The term of the Agreement, expires on February 6, 2011, and shall be extended to February 5, 2016. 2. Section 2.04 of the Agreement shall be deleted in its entirety and replaced with the following: 2.04 The City shall pay the County, in full, each fiscal year no later than February 1 Payment shall be made to the Board of County Commissioners, 2633 Vista Parkway, Attn: Electronic Services and Security Division, West Palm Beach, FL 33411. 3. Section 8 of the Agreement is amended so that Notices to the County shall be sent as follows: As to the County: Director, Facilities Development & Operations 2633 Vista Parkway West Palm Beach, FL 33411 With a copy to: 800 MHZ Radio System Administrator 2633 Vista Parkway West Palm Beach, FL 33411 County Attorney's Office 301 North Olive Avenue West Palm Beach, FL 33401 Boca Raton, FL 33486 4. Except as modified by this Second Amendment, the Agreement remains unmodified and in full force and effect in accordance with the terms thereof. Page 1 of 2 IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed on the day and year first above written. ATTEST: SHARON R. BOCK CLERK & COMPT By: R ' Debuts Cler N . ����� :cn APPROVED AS TO FOY LHIGAL SUFFICIENCY: R 2 011 01 2 1 FEB 0 12011 PALM BEACH COUNTY, apolitical subdivisi n the State of Florida By Karen . Marcus, Chair APPROVED AS TO TERMS AND CONDITIONS: C LY4 — B N �" L'� V) V V'� - ",-, !attorney Audrey Wolf, Direct Facilities Development & Operation ATTEST: CITY CLERK: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: c By: 4 net Prainito, ity CIA APPROVED AS TO AND LEGAL SUFF al City Attorney G: \SCooper \800 MM Agreements \City of Boynton Beach\Boynton microwave second renewal.doc Page 2 of 2 R2006 0554 oec)(, -033 FIRST AMENDMENT TO INTERLOCAL AGREEMENT THIS MST AMENDMENT to Agreement 82001 -200, dated February 6, 2001, is made as of APR R f 2 , by and between Pahn Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as the County, and the City of Boynton Beach, a municipal corporation, hereinafter referred to as the City. In consideration of the mutual promises contained herein, the County and City agree as follows: The term of Agreement 82001 -200, set to expire on February 6, 2006, shall be extended to February 6, 2011. 2. All other terms of Agreement 82001 -200 remain unmodified and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Amendment on behalf of the County and City has hereunto set its hand the day and year above written. SHARON R. BOCK,� `' .....,C0 ''l t PALM BEACH COUNTY, FLORIDA BY ITS CLERK & COMPTRc x '•.� 11 '. BOARD OF CO COMMISSIONERS Q T ti Ve By. Deputy Clerk Tony ll , C airman APPROVED AS TO TERMS ANFj LE L SUFFICIENCY. AND CONDITIONS B 1 -' By: Asst. County Attorney Director Facilities Dev & Operationsy? ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: 44 City Clerk Name (Type or nt) APP OVED As TO FORM: CITY ATTORNEY By: ,* rry Ta r, or Name (T or Print) First Renewal Amendment to Direct Connect 10120/05 K 00 -/ i.7 Feb -e 'Al 02:14pm 01 065688 Oh— 12327 Pg 18;L c -" INNIINBNNINNlY1NNNgilwgNlilgll R2001 0200 INTMOCAL AGREEMEM This INTEALOCAL AGREEMENT, ENT, is made and entered into this i da of ____, 2004, by and between PALM BEACH COUNTY, ( "COUNTY') a political subdivision of the State of Florida and the City of BOYNTON BEACH ("CITY"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, the COUNTY has committed to the purchase, design, installation, and operation of an 800 MHz Trunked Radio System and digital microwave communications system to meet the needs of the Palm Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general government agencies; and WHEREAS, the COUNTY and the CITY entered Into a lease agreement with AT &T for the COUNTY's use of a tower ("Boynton Tower Site') located within the municipal limits of the CITY for the COUNTY's microwave and 800 MHz system equipment; and WHEREAS, the South Palm Beach County Public Safety Communications Cooperative ( "COOPERATIVE")has access to 6 Tls of capacity on the COUNTY's digital microwave system pursuant to a lease agreement ( " LEASE AGREEMENT')between the COUNTY, the CITY and AT &T (R99-31 ID) dated 2/23/99; and WHEREAS, the COOPERATIVE has decided that the 6Tls will be used by the CITY; and WHEREAS, the LEASE AGREEMENT requires that the COUNTY and the CITY enter into a separate agreement addressing the operational and maintenance responsibilities of the SmartZone Controller and the microwave system; and WHEREAS, Section 163.01, Florida Statutes, permits public agencies to enterinto Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and NOW THEREFORE, inconjunctionwiththe mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1: Purpose The purpose of this imerlocal agreement is to set forth the COUNTY and CTTY's fiscal responsibilities with respect to the CITY's use of the COUNTY's microwave system to transport signals to and from the C1TY's 800 MHz trunked radio system to the COUNTY's SmartZone Controller -located at the COUNTY's Prime Site on Forest Hill Blvd. This Pare 1 of 5 Return To: S hawn Bobo V Facilities Development & Operations 3323 Belvedere Road, Bldg. 503 West Palm Beach, FL 33406 ORB 12327 pg 1813 Agreement is to be read and Interpreted in cordunction with the Interlocal Agreement (R- 2000- 0838) with the COOPERATIVE dated 6/20/00 ("COOPERATIVE'S Interlocai Agreement') and any amendments. The COOPERATIVE'S Interlocai Agreement contains fiscal and other obligations of the COUNTY and the CITY with respect to the CTIY's connection to and use of the COUNTY's microwave system and together with this Agreement result in the agreement contemplated under Section 10.01 of the LEASE AGREEMENT. SECTION 2: Responsibilities 2.01 The COUNTY willbe responsible for the purchase, installation, ownership and physical maintenance and operation of the microwave equipment at the Boynton Tower Site described in LEASE AGREEMENT. 2.02 The CITY agrees to pay Its fair share of the operation and maintenance costs associated with the Microwave System between the Boynton Tower Site and the COUNTl°s Prime Site, on pro rata basis. The operations and maintenance costs to be included are: system administration costs (which includes personnel costs), utilities, equipment, software, and component renewal and replacement costs, and microwave equipment maintenance costs (which may be out - sourced or performed by the COUNTY). 2.03 The costs for the future fiscal year (October 1- September 30) will be provided by the COUNTY to the CITY by the County Administrator or his designee, no later than March 1 annually. The costs shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave system; to reflect actual. Estimated annual total system maintenance and administration costs are $1,000,000. Assume that microwave system maintenance is 14.37% of the total system maintenance costs. CITY uses terminations at two of the 13 tower sites. CITY uses six Tls in capacity of the total 28 T1s. $1,000,000 x.1437 x 2/13 x 6/28 = $4,737 annually 2.04 The CITY shall pay the COUNTY, In full, each fiscal year no later than February 1 ". Payment shall be made to the Board of County Commissioners, 3323 Belverdere Rd., Building 506, Attn: Communications Division, West Palm Beach, Fl. 33406. Age 2 of 5 ORB 12327 Pg 1 A 14 2.05 The COUNTY shall have no obligation to provide a microwave system for the CI TY's use, in the event that the COUNTY discontinues use of its microwave system or is not operating microwave equipment at the Mys Boynton Tower Site. SECTION 3: Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign Immunity by either party, pursuant to Section 768.28, Florida Statutes. SECTION 4: Term of Agreement The term of this Agreement shall be for a period of five (5) years from execution and may be renewed for four, five (S) year period upon written modification by both parties. SECTION 5: Amendments to this Agreement This Agreement may be amended from time to time by written amendment by all Parties. SECTION 6: Termination This Agreement may be terminated by any party without cause upon 1 year notice. The Agreement may be terminated for cause by either party upon 60 days notice. This Agreement shall automatically terminate in the event that the COUNTY discontinues the operation of microwave system at the CI TY's Tower Site. In the event that the COOPERATIWS Interlocal Agreement is terminated, but the LEASE AGREEMENT remains in effect, the COUNTY and CITY will amend this Agreement within 60 days of the termination of the COOPERATIVE'S Interlocal Agreement to include the remainder of both parties obligations to the microwave system. SECTION 7: Annual Budget Appropriations The COUNTY'S and CrMs performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the City Council. SECTION 8: Notices Any notice given pursuant to the terms of this Agreement shall be In writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be Page 3 of 5 ORB 12327 pg 1815 the date of receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the COUNTY: Director, Facilities Development & Operations 3323 Belvedere Road, Building 503 West Palm Beach, Florida 33406 With copy to: Director of Communications Division 3323 Belvedere Road, Building 506 West Palm Beach, Florida 33406 County Attorney's Office 301 North Olive Ave, Suite 601 West Palm Beach, Florida 33402 As to BOYNTON BEACH: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 With copy to: Chief of Police City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Fl. 33435 SECTION 16: Applicable Law/Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the tenons of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 17: Filing A copy of this Agreement shall be filed by the COUNTY with the Clerk of the Circuit Court in and for Palm Beach County. Pane 4 of 5 ORB 12327 Pg 1816 DORDTF WILKEN, CLERK PH MM, FL SECTION 18: Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. ATTEST: DOROTHY H. WILKEN, Clerk Bond d C0U* Comml d0MM r Y c ;RUNTY FLORM PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS $1y: •r r Le Suf deny: °�� ;0 .......... '�a:= R 2 0 0 I 0 2 0 0 FIIg - s toot C � \q \N r CO Atto �ieunn CITY OF YNT BEACH, Cl ` e\\ %\ N TOH 111 !/ / i � CTTY OF BOYNTON BEACH, BY TI'S CITY �o aA ti F� COMMISSIONERS o !cY o T �� Y M Z = \ BY: �• Legal Sufficiency; 1� ��'' Mayo i \� k STATE OF FLORIDA. COUNTY OF BALM BEACH i, r DOROTHY H. WILKEN, ex- officio Clerk el the ?oard Of Cowity Commissioners City Attorney f d�JN,,._..,.C� , certify this 10 be a tFaearXlc feat of the original filed in My office - • '�i "`):' Q i cy itn DATF r- ` - ' D at Wes; palm t�aach, I ° ' COUNTY :N H. WIL y h: boyntaomicco Page 5 of 5 Facilities Development & Operations Department 2633 Vista Parkway West Palm Beach, FL 33411 Telephone - (561) 233 -0200 Facsimile - (561) 233 -0206 www.pbcgov.com/fdo Palm Beach County Board of County Commissioners Karen T. Marcus, Chair Shelley Vana, Vice Chair Paulette Burdick Steven L. Abrams Burt Aaronson Jess R. Santa naria Priscilla A. Taylor County Administrator Robert Weisman, P.E. February 7, 2011 Janet M. Prainito City Clerk's Office 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Amendment to Agreement for Use of County's Microwave System Dear Ms. Prainito: Enclosed for your records is a fully executed original of the Second Amendment to Interlocal Agreement extending the term of the agreement until February 5, 2016. Please contact me at sjcooperkpbc og v org or (561) 233 -0220 if you have any questions. Sincerely, Samara J. Cooper Business & Community Agreements Manager Enclosure c: Audrey Wolf, Director, FD &O Charles Frazier, Director, ESS Mark Filla, Communications Network Administrator, ESS An Equal Opportunity Affirmative Action Employer