2003-032 1st Amdmt. to MPSCC Interlocal AgreementRESOLUTION 32-2003
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, PLEDGING ITS PORTION OF THE $12.50 MOVING VIOLATION FUNDS
ALLOCATED BY PALM BEACH COUNTY RESOLUTIONS 92-1187, 99-1205, AND
2002-0192, AS AMENDED, IN ACCORDANCE WITH SECTION 318.21 (9), FLORIDA
STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM
COMMUNICATIONS PROJECT; AUTHORIZING THE EXECUTION AND DELIVERY OF A
"FIRST AMENDMENT TO INTERLOCAL AGREEMENT"; WAIVING THE VILLAGE'S
RIGHTS TO WITHDRAW ITS PLEDGE DURING THE TERM OF THE DEBT FINANCING OF
THE COMMUNICATIONS PROJECT; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES; AND, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Municipal Public Safety Communications Consortium ("MPSCC") was formed through
the cooperative efforts of the various municipalities to plan and implement an interoperable countywide
municipal public safety radio communications system (the "Communications Project"); and
WHEREAS, pursuant to previous resolutions, the Village of North Palm Beach (the "Village") has
joined the MPSCC, approved an Interlocal Agreement establishing the MPSCC, and agreed to
commit certain of its funds to the MPSCC for the Communications Project; and
WHEREAS, the implementation of an interoperable countywide municipal public safety
communications system will allow municipal public safety agencies to improve the provision of
services by virtue of enhanced interagency communication and cooperation; and
WHEREAS, the MPSCC has now provided the Village with its 2003-2004 capital budget which
includes a plan to incur indebtedness in order to finance the cost of acquisition, equipping and
construction of the Communications Project (the "Debt Financing"); and
WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed
finalized plans for a municipal countywide interoperable Communications Project network, has
received proposals, and has selected M/A-COM, Inc. as its vendor, which has been approved by the
State of Florida, Office of Technology, as required by Section 282.111(5), Florida Statutes; and
WHEREAS, Section 318.21(9), Florida Statutes, permits any county which participates in an
intergovernmental radio communications program approved by the State of Florida to use $12.50
from each moving traffic violation (the "$12.50 Money") to fund that county's participation in a
communications program; and
,• WHEREAS, a portion ofthe $12.50 Money collected by Palm Beach County, Florida is from violations
which are written by the Village's municipal law enforcement officers within the Village; and
WHEREAS, the Board of County Commissioners ofPalm Beach County, pursuant to CountyResolutions
• 92-1187, 99-1205, 99-2343, and 2002-0192, has allocated a portion ofthe $12.50 Money generated by
municipalities for their benefit to encourage the interoperability of municipal communications systems,
thereby enhancing the County's Intergovernmental Communications Plan; and
WI~REAS, the Village and the MPSCC both desire to move forward with the construction of a
supplement and enhancement to the County's interoperable countywide radio network through the
Debt Financing and construction of the Communications Project and to give final approval of the
capital budget provided in Section 12 of the MPSCC Interlocal Agreement; and
WHEREAS, the Village has been requested by the MPSCC to execute and deliver a First Amendment
to Interlocal Agreement (the "First Amendment to Interlocal") in order to amend and clarify certain
provisions of the Interlocal Agreement; and
WHEREAS, the Village desires to irrevocably pledge and assign its share of the $12.50 Money to the
MPSCC to pay debt service on the Debt Financing, contingent on the MPSCC securing financing for
the interoperable 800MHZ radio system, contracting with M/A COM to provide said system, and
contracting with Palm Beach County to lease said system, as set forth in Section 9 of the First
Amendment to Interlocal Agreement.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and
correct and are hereby made a specific part of this Resolution.
Section 2. The Village Council ofthe Village ofNorth Palm Beach, Florida, as a member ofthe MPSCC,
hereby pledges its support to the MPSCC, its public safety communications plan, the Debt Financing, the
construction of the Communications Project, and its inclusion as an enhancement and part of the State
approved Palm Beach County intergovernmental radio communications program plan.
Section 3. The Village hereby irrevocably pledges and commits its full share and allocation of the
$12.50 Money to debt service on the Debt Financing issued to finance the construction and
implementation of the Communications Project for a period oftime not to exceed fifteen years from
the date of issuance of such Debt Financing, and assigns its $12.50 Money to the MPSCC in full,
contingent on the MPSCC securing financing for the interoperable 800MHZ radio system, contracting
with M/A COM to provide said system, and contracting with Palm Beach County to lease said
system, as set forth in Section 9 of the First Amendment to Interlocal Agreement.
Section 4. The Village requests and directs that the County provide the Village's portion of the
$12.50 Money as so assigned and pledged to the MPSCC for debt service payments on the Debt
Financing.
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Section 5. In order to secure the payment of the principal and the interest on the Debt Financing
• herein authorized, and in order to further secure the performance and observance of all of the
covenants, agreements and conditions in said Debt Financing, the execution and delivery of the First
Amendment to Interlocal, which is attached hereto as Exhibit "A," is hereby authorized. The form of
the First Amendment to Interlocal is hereby approved, subject to such changes, insertions and
omissions and such filling of blanks therein as may be approved and made in such form of First
Amendment to Interlocal, including any changes, insertions or omissions recommended by the Village
Attorney, bond counsel to MPSCC ,counsel to the MPSCC, or by the officers of the Village
executing the same, in a manner consistent with the provisions of this Resolution, such execution to
be conclusive evidence of such approval.
Section 6. The Village waives its right to withdraw from the NII'SCC as provided in
Section 12 of the MPSCC Interlocal Agreement and acknowledged receipt of and hereby approves
the MPSCC capital budget.
Section 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
Section 8. If any clause, section, other part or application of this Resolution is held by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the
validity of the remaining portions or applications of this Resolution.
Section 9 . This resolution shall take effect immediately upon its adoption
PASSED AND ADOPTED THIS 26th DAY OF JUNE, 2003.
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FIRST AMENDMENT TO INTERLOCAL AGREEMENT
This First Amendment to the Interlocal Agreement establishing the Municipal Public Safety
Communications Consortium of Palm Beach County (hereinafter referred to as "MPSCC") is made and entered into
this day of 2003, by and between the municipalities of Atlantis, Boynton Beach,
Greenacres, Juno Beach, Jupiter, Lake Worth, Lantana, Manalapan, North Palm Beach, Palm Beach, Palm Beach
Gardens, Palm Springs, Riviera Beach, South Palm Beach, Tequesta and West Palm Beach; each of which is a
Florida municipal corporation located in Palm Beach County, Florida, and of each of which is refersed to as a
"participating member" of the MPSCC.
WHEREAS, the participating members have previously entered into an Interlocal agreement establishing
the Municipal Public Safety Communications Consortium of Palm Beach County (MPSCC), said agreement
hereinafter being referred to as the "Interlocal Agreement", and
WHEREAS, each of the participating members presently maintains a police or fue depamnent utilizing
radio communications, and
WHEREAS, pursuant to the Interlocal Agreement the respective police, fue and other local government
departments of the participating members will be able to communicate with each other and with other public safety
agencies in Palm Beach County, ensuring countywide interoperability ofradio communications and proving for the
efficient communication of public safety concerns, ("The Communications Project"), and
WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969",
authorizes local government units to enter into agreements to cooperate with other localities to best serve the needs
of the local communities, and
WHEREAS, the MPSCC has, in accordance with the Interlocal Agreement, Cacilitated the development of a
county-wide interoperable radio communication service for the use of various public safety agencies in Palm Beach
County, and
WHERAS, the state technology office has approved the implementation of the MPSCC's proposed Open
• Sky System as an interoperable part of the Intergovernmental Radio Communications Program (ICP) of Palm Beach
County, and
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• WHEREAS, Palm Beach County has agreed, as set forth in County Resolutions 92-1187, 99-1205, 99-2343
and 2002-0192, that the $12.50 Cunds collected pursuant to F.S. 318.21 by the members of the MPSCC tray be
utilized by the MPSCC for this proposed interoperable radio system, and
WHEREAS, the MPSCC has solicited and received proposals to establish an interoperable radio
communication system which will provide access to the 800MHZ radio network for its participating members, and
WHEREAS, the MPSCC has selected M/A Com as the provider of the new radio system including
providing the backbone components and other necessary equipment to establish said radio system and provide
access to the SOOhIIiZ radio network for its participating members, and
WHEREAS, the MPSCC is in the process of securing financing for the implementation of the
interoperable radio system
NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained
herein, the members hereby agree to amend the aforementioned interlocal ageement as set forth herein:
Section 1. PURPOSE:
A. To restate and specify the commitment of each participating member of the MPSCC to an
interoperable radio system;
B. To approve the selection of M/A Com to provide the necessary equipment to complete the radio
system backbone component and other necessary equipment to establish said radio system, and
C. To authorize the MPSCC to secure financing to fund the acquisition of equipment from M/A
COM.
Section 2. DEFINITIONS:
The defutitions set forth in the interlocal agreement shall apply to this amendment.
Section 3. AGREEMENT WITH M/ACOM:
The MPSCC is hereby authorized to enter into an agreement with M/A Com to provide the interoperable
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SOOMHZ radio system for the municipal public safety agencies of Palm Beach County which are parties to this
agreement.
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• Section 4. AGREEMENT WITH PALM BEACH COUNTY:
The MPSCC is hereby authorized to enter into an agreement with Palm Beach County relative to the radio
system Said agreement shall include the following provisions:
A. The radio system shall be owned by Palm Beach County and leased to the MPSCC, on a long term
basis, for the life of the radio system, for a nominal sum ($ I.00 a year).
B. The radio system shall be interoperable as required in F.S. § 318.21 (9) and as defined by the
Communications Systems and Operations Policy Advisory Committee (CSOPAC).
C. The members shall irrevocably pledge thew $12.50 monies (which aze currently held by the Clerk
of the Circuit Court) to the MPSCC to be utilized to fund the acquisition of the [nteroperable M/A
Com radio system
Section 5. DEBT FINANCING:
A. The MPSCC is hereby authorized to enter into an agreement to secure funding to acquire the
interoperable radio system from M/A COM.
B. The Village Counci] of the Village of North Palm Beach, as a pamcipating member of the
MPSCC, hereby pledges its support to the MPSCC, its public safety communications plan, the
Debt Financing, the construction of the Communications Project, and its inclusion as an
enhancement and part of the State approved Palm Beach County intergovernmental radio
communications program plan.
C. The Village of North Palm Beach hereby irrevocably pledges and commits its full shaze and
allocation of the $12.50 money to debt service on the Debt Financing issued to finance the
construction and implementation of the Communications Project for a period of time not to exceed
fifteen years from the date of issuance of such Debt Financing, and assigns its $12.50 Money to
the MPSCC in full.
D. The Village of North Palm Beach requests and directs that the County provide the Cit}/s portion of
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the $12.50 money as so assigned and pledged to the MPSCC for debt service payments on the
Debt Financing.
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Section 6. FINANCIAL OBLIGATIONS:
A. The MPSCC shall commit that sufficient sums received by its participating members from moving
traffic violations in accordance with Section 318.21 (9) F.S. (2002) (commonly referred to as
"12.50 Funds") shall be utilized to pay for the purchase of the Interoperable Radio System
B. Each participating member of the MPSCC hereby irrevocably pledges all revenue received by the
participating member pursuant to F.S. § 318 (9) ($12.50 funds), to the MPSCC to pay for the
purchase of the Interoperable Radio System
C. The participating members acknowledge that the cost of operating and maintaining the
Interoperable Radio System shall be the responsibility of the participating members, each of which
hereby authorized the MPSCC to develop a methodology of fairly allocating said cost.
Section 7. USERS OF THE INTEROPERABLE RAD[O SYSTENt
A. The Interoperable Radio System is for the use of the participating members and other entities as
approved by the MPSCC.
B. The City of Boynton Beach and the MPSCC had previously, on April 16, 2002, (pursuant to
Boynton Beach Resolution R 02-064), entered into an agreement which provided that Boynton Beach's allocation of
its $12.50 monies to the Consortium was reduced by $150.00 per radio used by the City as of January 1° of the
applicable calendaz year, commencing with January 1, 2002. This Agreement is hereby ratified and confirmed as to
the City of Boynton Beach's obligation to pay its $12.50 monies to the MPSCC. The City of Boynton Beach
specifically agrees to pay its shaze of the operating and maintenance costs of the Interoperable Radio System as set
forth in Section 6 C above as modified by the provisions of this Secrion 7B and the April l6, 2002 Agreement
between the MPSCC and the City of Boynton Beach.
Section 8. CANCELLATION OR WITHDRAWAL FROM THE MPSCC:
The interlocal agreement (Section 12B) permitted participating members to withdraw from the MPSCC. In
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light of the commitment the MPSCC is making to establish the Interoperable radio system, the option to withdraw
from MPSCC shall no longer exist, until such time as the participating members obligation to pay the debt service is
fully satisfied. Accordingly, paragraph B of Section l2 is hereby deleted.
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• Section 9. CONTINGENCIES
The participating members obligations set forth herein aze contingent on the MPSCC securing financing,
contracting with M/A COM, and contracting with the County. Upon the fulfillment by the MPSCC of these
contingencies, the obligations of the participating members shall be irrevocable.
Section 10. GENERAI, TERMS AND CONDITIONS:
A. This amendment to the interlocal agreement, in conjunction with the interlocal agreement, sets
forth all the rights, responsibilities and obligations of the participating members to each other, represents the entire
understanding of the participating members, and supersedes all other negotiations, representations, or agreements,
whether written or oral, relating to the subject matter of this amendment and the interlocal agreement. Neither this
amendment to the interlocal agreement or the interlocal agreement can be changed, altered, amended or modified
except by written instrument signed by the duly authorized representatives of the parties.
B. The headings given to the section herein aze inserted only for convenience and aze no way to be
construed as part of this amendment to the interlocal agreement or as a limitation of the scope of the particulaz
section to which the heading refers.
C. This agreement setting forth an amendment the interlocal agreement is authorized by Section
163.01 Fla. Statutes, being a joint exercise of power shazed in common which any municipality could exercise
separately. This amendment to the agreement shall be filed with the Clerk of the Circuit Court in and for Palm
Beach County, Florida, upon execution by all of the member.
D. Nothing stated under this amendment shall be construed to give any rights of benefits of any
participating member to this agreement to anyone other than the above listed participating members, and all duties
and responsibilities undertaken pursuant to this amendment to the interlocal agreement will be for the sole and the
exclusive benefit of the participating members, and not for the benefit of any other.
E. This amendment to the interiocal agreement may not be assigned by any participating member.
F. This document can be signed in counterparts.
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Section I1. INTERLOCAL AGREEbIENT REMAINS IN EFFECT:
To the extent not specifically amended herein, all other provisions of the Interlocal Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed thisa~(day of
rT /1/E, 2003.
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