Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 06F_4/11/2002�F Memorandum TO: Michael Couzzo, Village Manager FROM: Stephen J. Allison, Chief of Police PA Subject: Council Agenda Item - $12.50 Money Date: March 26, 2002 The resolution I have attached for Council approval needs some background explanation. I will give a brief overview and attach supporting documentation. The lack of interoperable communication systems has been a public safety problem for years. Simply put — agencies cannot talk to each other via radio. This problem has hampered the effectiveness of routine police work and is greatly magnified in disasters or events requiring a large-scale response. The Northern Area Mutual Aid Consortium (NAMAC) tried to resolve this problem for more than ten years. This effort failed due to lack of cooperation and inter- agency politics. In late 1998 the Palm Beach County Criminal Justice Commission offered to assign a staff person to take over the project started by NAMAC if all municipalities in the county could participate. After months of meetings, the Municipal Public Safety Communications Consortium was formed to address the issue of interoperable radio communications. The Village of Tequesta approved the MPSCC Interlocal Agreement through resolution 4-99/00 on October 14, 1999. (Copy attached.) In the last two years the consortium was able to overcome all obstacles on both the state and local level. A system was designed, an RFP issued, and a vendor selected to build the system. The resolution I have submitted pledges our share of the $12.50 traffic fine surcharge to the MPSCC. This is required for the creation of the MPSCC capital budget. Once the capital budget is completed, we will have two `opt -out" periods from the MPSCC if we decide that we cannot afford to participate. (Most, if not all, of the MPSCC capital budget will be offset with the $12.50 money if all current members of the MPSCC participate.) The resolution passed by the County (attached) gives us three options. (1) Use our share of the money to participate in the MPSCC. (2) Use our share of the money to join the existing Palm Beach County radio system. (3) Do Nothing. Our share of the money will be held until such time as we decide to join a countywide interoperable communications system. The money cannot be used for any other purpose. r) RESOLUTION NO. - 01/02 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, COMMITTING ITS PORTION OF FUNDS ALLOCATED PURSUANT TO RESOLUTION R-2002-0192 ADOPTED BY THE PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS ON FEBRUARY 5, 2002 IN ACCORDANCE WITH SECTION 318.21(10), FLORIDA STATUTES, TO THE MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM COMMUNICATIONS PROJECT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSE. 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, it has been determined that the implementation 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 (MPSCC) was formed through the cooperative efforts of various municipalities to plan and implement an interoperable County -wide municipal public safety radio communications system; and WHEREAS, the Village of Tequesta has joined 21 other municipalities located within Palm Beach County to form the MPSCC and the Village of Tequesta has long been involved with efforts to improve public safety communications; and WHEREAS, the MPSCC, through the diligent efforts of its member municipalities has developed a plan for a municipal county -wide interoperable communications system; and WHEREAS, the MPSCC communications plan has been approved by the State of Florida Office of Technology as required by Florida Statute 282.111(5); and WHEREAS, Section 318.21(10), Florida Statutes, permits any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation fine to fund that county's participation in the program; and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers with the municipal limits; and WHEREAS, the Board of County Commissioners allocated a portion of the revenues generated by municipalities for their benefit under Resolution R99-2343D as amended on February 5, 2002 by Resolution R-2002-0192 to encourage the interoperability of municipal communications systems and therefore enhancing the County's Intergovernmental Plan; and WHEREAS, the member municipalities of the MPSCC desire to move forward with the construction of a supplement and enhancement to the County's interoperable countywide radio network subject to the final approval of the capital budget provided in Section 12 of the MPSCC Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, THAT: The Village of Tequesta is a member of the Municipal Public Safety Communications Consortium (MPSCC) and supports its public safety communications plan. 2. The Village of Tequesta supports the inclusion of the MPSCC communications plan as an enhancement and part of the State approved Palm Beach County Intergovernmental Radio Communications Program plan. 3. The Village of Tequesta commits its full share of the $12.50 traffic fine revenues as allocated by the County through Resolution R-2002-0192 to the MPSCC for construction and implementation of its radio network for a period of ten years from the date of contract with the radio vendor. 4. This resolution shall become void if the Village of Tequesta should exercise its right to withdraw from the MPSCC as provided in Section 12 of the MPSCC Interlocal Agreement within the prescribed time frame following the receipt of the capital budget. 5. The Village of Tequesta requests that the County provide its portion of the $12.50 traffic fine monies to the MPSCC for construction of the radio system following the procedures set forth in BCC Resolution R-2002-0192. THE FOREGOING RESOLUTION WAS OFFERED BY Council Member who moved its adoption. The motion was seconded by Council Member , and upon being put to vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor there upon declared the Resolution duly passed and adopted this IIth day of April, A.D., 2002. MAYOR OF TEQUESTA Geraldine Genco, ATTEST: Mary Wolcott Village Clerk r r_r5. 1 . —1010C — • Nfunicipal Public Safety Communications Consortium of Palm Beach County, Inc. a Florida Nat-fc-Profit Corporation 16o Orange Tree Drive Atlantis, a lori4a 3346Z Phones (56x) 965-1700 ♦ Fax; (561) 968-94.43 Cluirxnan MPSCC Robert Imangoid MEMORANDUM TO: Board of Directors, MPSCC FROM: Robert Mangold, Municipal Public Safety Communications Consortium DATE: February 15, 2002 RE: $12.50 Resolution As you may know, the Board of County Commissioners (BCC) at their February 5, 2002 meeting passed the resolution containing the compromise language amending the original $12.50 resolution. This allows each city to make its own determination as to how its $12.50 monies will be used. This determination mast he made by resolution and completed by May 1, 2002. To assist you, a sample resolution allocating your $12.50 monies to the Consortium project is attached, An electronic copy is also available. Please note that item 4 of the resolution does provide that the resolution is voided if your municipality should decide to withdraw after receiving the final capital budget as provided for in the Interlocal Agreement. The most important issue now facing us is the commitment of the member municipalities to the project and its funding. Feedback received to date has been very positive. A survey regarding your cities position was recently distributed. It is aot binding but is intended to assist the MPSCC Board of Directors in determining a direction for arrangin , financing for the project. A copy of it is attached and if you have not returned it as of yet, please do so as soon as possi°ale. If you have questions or need additional information, please call Wayne English at (561) 355- 2326. VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive • Suite 300 Tequesta, Florida 33469-0273 • (561) 575-6200 Fax: (561) 575-6203 October 18, 1999 Mr. Wayne English Intergovernmental Communications Manager Criminal Justice Commission 301 North Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 RE: MPSCC Interlocal Agreement Dear Mr. English: This is to formally advise you that the Village Council unanimously approved the Interlocal Agreement establishing the MPSCC at their meeting on October 14, 1999. A copy of Resolution No. 4-99/00 which approved the Interlocal Agreement is attached hereto for your records. Please note that Section No. 2 of the Agreement authorizes the Village Manager to take all steps necessary to formallyremove Tequesta from .membersfiip and participation in the Municipal Public Safety Communications Consortium of Palm Beach County in the event that the Consortium is unwilling to amend the Interlocal Agreement in the future to include all reasonable requests of the Village of Tequesta or any other municipality in Palm Beach County. The Village Council will be considering it's appointments to the MPSCC Board of Directors at their meeting on November 9, 1999. Should you have any questions in regard to this correspondence, please feel free to contact me at your convenience. Sincerely, Thomas G. Bradford Village Manager TGB/ mh c: Steven J. Allison, Chief of Police Lee R. Evett, Town Manager, Town of Jupiter Gail Nelson, Town Manager, Town of Juno Beach Terry Leary, Town Manager, Town of Lake Park Carole Post, City Manager, City of Palm Beach Gardens Word\My Documents\English 10-18-99 Recycled Paper a RESOLUTION NO. 4-99/00 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE INTERLOCAL AGREEMENT TO ESTABLISH MUNICIPAL PUBLIC SAFETY COMMUNICATIONS CONSORTIUM OF PALM BEACH COUNTY AND AUTHORIZING THE MAYOR OR VILLAGE MANAGER TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Interlocal Agreement to Establish Municipal Public Safety Communications Consortium of Palm Beach County, attached hereto as Exhibit "A" and incorporated by reference as part of this Resolution is hereby approved and the Mayor or Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. Section 2. In the event that the Consortium is unwilling to amend the Interlocal. Agreement in the future to include all reasonable requests of the Village of Tequesta or any other municipalities in Palm Beach County, the approval of this Interlocal Agreement shall be nullified and the Village Manager is authorized to take all steps necessary to formally remove Tequesta from membership and participation in the Municipal- Public Safety Communications Consortium of Palm Beach County. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Hansen , who moved its adoption. The motion was seconded by Councilmember Schauer ,and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Basil E. Dalack Carl C. Hansen Ron T . Macka i l Elizabeth A. Schauer The Mayor thereupon declared the Resolution duly passed and adopted this 14th day of October, A.D., 1999. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: oann manganidlio Village Clerk MyDocuments\Resolutions\53-98-99 INTERLOCAL AGREEMENT to establish Municipal Public Safety Communications Consortium of Palm Beach County THIS AGREEMENT, entered into this day of 1999, by the municipalities of Atlantis, Belle Glade, Boca Raton, Boynton Beach, Briny Breezes, Delray Beach, Greenacres, Gulfstream, Highland Beach, Hypoluxo, Juno Beach, Jupiter, Jupiter Inlet Colony, Lake Clarke Shores, Lake Park, Lake Worth, Lantana, Manalapan, Mangonia Park, North Palm Beach, Ocean Ridge, Pahokee, Palm Beach, Palm Beach Gardens, Palm Beach Shores, Palm Springs, Riviera Beach, Royal Palm Beach, South Bay, South Palm Beach, Tequesta, Wellington, West Palm Beach; each a Florida municipal corporation located in Palm Beach Coun Florida and the Palm Beach rP tY� County School District, a unit for the control, organization and administration of schools. `vITNESSETH: WHEREAS, each of the Parties presently maintains a police or fire department utilizing radio communications services, and WHEREAS, the Parties desire to enter into a cooperative arrangement to provide communications services benefiting public safety; and WHEREAS, the use of a consortium of the Parties to provide radio communications services expands the geographical use of available frequencies for mutual aid and day-to-day activities; and WHEREAS, pursuant to this Interlocal Agreement, the Parties' respective police and fire departments will be able to communicate with each other benefiting public safety concerns; and WHEREAS, the Parties desire to have improved radio communications with other county, state and federal public safety agencies; and WHEREAS, it is deemed mutually advantageous to enter into this Agreement for the express purpose of cooperating in the provision of public safety communications services; and WHEREAS, Chapter 163.01, 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 NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the Parties hereto agree as follows: Section 1. PURPOSE: The purpose of this Agreement is to provide for the establishment and operation of a consortium: A. To facilitate the provision of countywide interoperable radio service to the municipal public safety agencies of Palm Beach County. 2 B. To purchase, install, maintain and operate the necessary equipment to complete the radio system backbone and provide access to the 800 UM Radio Network for its members. C. To provide, maintain and operate the necessary means of connectivity between the new radio system backbone components, existing or planned radio systems and the Smartzone Switch. D. To provide management and maintenance services for the consortium communications systems. E. To provide other public safety communications services to its members as the Board of Directors deems appropriate. Section 2. CREATION There is,hereby created an administrative agency to be entitled the Municipal Public Safety Communications Consortium of Palm Beach County, herein after referred to as "MPSCC". The MPSCC shall have the following general powers by the parties: A. Purchase, lease, sublease or be assigned the lease of real property from any. private party, political subdivision of the State of Florida or other governmental entity; B. Receive funds, including but not limited to, gifts, grants and bequests, from any source, public or private, provided that no power to levy taxes or assessments be inferred herefrom; C. improve and maintain any and all real property acquired by purchase, lease, sublease or assignment of a lease; 3 D. Purchase, lease and install fixtures, equipment, and real property appropriate to a public safety communications system; E. Enter into contracts; and F. Exercise any other power that may be necessary for the operation of a public safety communications system or that may hereafter be agreed to by the Parties if within the common powers of all the Parties; G. Hold titles and licenses for the operation of the radio Backbone System; H. Employ agencies or employees; I. Acquire, construct, manage, maintain or operate buildings; J. Acquire, hold or dispose of property; K. Incur debts, liabilities or obligations which do not constitute the debts, liabilities or obligations of any of the Parties; L. Enter into separate agreements between the Consortium and any of its members; M. Assess costs or membership dues to its Members. Section 3. TEIUNI The term of this Agreement shall be for fifteen (15) years from the execution of this Interlocal Agreement by all Parties hereto, un!e3s sooner terminated as provided herein. The term of this Agreement may be extended by the agreement of the Parties. Section 4. DEFINITIONS A. "800 MHZ Trunked Radio Systems (TRS)" or "System" shall mean the entirety of any TRS owned by one of the parties. 0 4 B. `Backbone system" shall mean those non -user specific elements of the System which shall be jointly used or shared by the Parties and shall include, but not be limited to, the construction, modification and/or furnishing of new or existing transmitter/receiving sites and related subsystems as required for such System; the construction and/or modification and out -fitting of new or existing equipment storage facilities at such sites; security of such items, base stations, transmitters/receivers, microwave subsystem, trunking/simulcast controllerstsystem managers, related software and any other jointly used or shared items. C. "Board" shall mean the Board of Directors. D. "Connectivity" shall mean the method of connecting the various sites in the radio network including, but not limited to, microwave, data links and telephone lines. E. "Consortium" shall mean an authority created to carry out the purposes set forth in this document. F. "Eligible Municipality" shall mean any municipality or government entity which provides its own police, fire or other public safety related service. G. "FCC" shall mean the Federal Communications Commission or any successor agency. H. "HUB Group" shall be a geographically related group of municipalities or government entities for the purpose of providing communication services. 1. "MPSCC" shall mean Municipal Public Safety Communications Consortium. J. "Member" shalt mean any Party to this Agreement. Member and Party may be used interchangeably. 5 K. "Smartzone Switch" shall mean a component of the County radio system designed to provide an interface point with other radio systems. L. "User Specific Items" shall mean those elements of the system required for each Parry's individual communications system, purchased, installed and/or used individually by each Party and shall include, but not be limited to, radios, dispatch consoles, encryption devices, computer terminals, and other communications structures. Section S. GENERAL TEIUMS AND CONDITIONS A. This Interlocal Agreement states all the rights, responsibilities and obligations of the Parties to each other, representing the entire understanding between the Parties, and superseding all other negotiations, representations, or agreement, either written or oral, relating to the subject matter of this Interlocal Agreement. This Interlocal Agreement may not be changed, altered, amended or modified except by written instrument signed by the duly authorized representatives of all Parties. B. The headings given to the sections herein are inserted only for convenience and are in no way to be construed as part of this Interlocal Agreement or as a limitation of the scope of the particular Section to which the heading refers. C. This agreement constitutes an Interlocal Agreement authorized by Section 163.01, Florida Statutes, being a joint exercise of power shared in common which any municipality could exercise separately and shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 6 r) D. Nothing under this Interlocal Agreement shall be construed to give away any rights or benefits of any party -to this agreement to anyone other than the above listed parties, and all duties and responsibilities undertaken pursuant to this Interlocal Agreement will be for the sole and exclusive benefit of the Parties, and not for the benefit of any other agency or agencies. E. This Interlocal Agreement may not be assigned by any party hereto. Section 6. BOARD OF DIRECTORS The MPSCC shall be governed by a board to be known as the Board of Directors. The governing body of each Member municipality shall appoint one person to the Board. The governing body shall also select an alternate member for the Board, who shall serve in the absence of the regular member for whom he or she is. an alternate. A. A chairperson and vice -chairperson shall be selected by,and from the Board membership. Their duties shall be delineated in the by-laws created in accordance with Section 7-D. B. The chairperson and vice -chairperson shall serve for a tern of two (2) years and may serve successive terms without limitation. Board members shall serve without compensation from MPSCQ however, the MPSCC may reimburse the member for expenses incurred for attendance at meetings. 7 C. Each Board Member shall have one vote, however votes shall be weighted as follows; Members' votes from municipalities with a population of 20,000 or less shall have a weight of one. Members' votes from municipalities with a population of 20,001 to 50,000 shall have a weight of two. Members' votes from municipalities with a population of 50,001 or more shall have a weight of three. The population. statistics shall come from the University of Florida's Bureau of Economic and Business Research. The Board of Directors may modify this formula as necessary. D. Action of the Board shall be by the majority of votes present in consideration of the weight of each vote. E. The Board shall establish such procedural rules and regulations for the conduct of its meetings, as it may deem necessary. These rules and regulations shall become part of the by-laws. F. The Board shall meet at least quarterly and at such other times, as the Board shall determine. All decisions of the Board shall be published in a set of minutes, prepared by the Executive Director. Procedures for preparing and distributing the minutes shall be set forth in the by-laws. G. The number of members required to constitute a quorum shall be one third of the total membership. Alternate members as designated in Section 6 may be counted in establishing a quorum. H. The Board of Directors may appoint as "Ad Hoc" members a representative from any public safety agency, which has an interest in countywide radio communications, but is not a member of the Consortium. 8 (I •) "Ad Hoc" Members shall not have a vote on issues before the Board of Directors, but may provide input from their agency for consideration by the Board. (2•) "Ad Hoc" Members shall serve without compensation from the MPSCC. (3.) "Ad Hoc" Members shall not be liable for any costs of the rVIPSCC. (4•) The head of the agency selected as an "Ad Hoc" Member shall designate one person and an alternate to serve on the Board. (5.) The initial "Ad Hoc" Member agencies shall be: Palm Beach County Sheriffs Office Palm Beach County Fire -Rescue Section 7. MANAGEMENT A. The Board of Directors may delegate responsibility for the oversight of the Consortium's operations to the Executive Committee. (1 •) The Executive Committee shall consist of the Chairperson of each HUB Group plus the Chairperson of the Board of Directors. The Chairperson of the Board of Directors shall serve as the Chairperson of the Executive Committee. (a.) In the event the chairperson of a HUB Group is also the Chairperson of the Board of Directors, that Hub Group shall elect another member to represent it on the Executive Committee. 9 (2.) The exact duties and procedures for the Executive Committee shall be enumerated in the by-laws. (3.) The Executive Committee may review the actions of the Executive Director and make recommendations. (4.) The Executive Committee shall meet as necessary. (5.) Each member of the Executive Committee shall have one vote on matters before the Committee. B. The authority for the day -today operation of the Consortium will rest with the Executive Director. (L) The Executive Director shall serve at the pleasure of the Board of Directors. The Board of Directors may enter into a contract with the Executive Director. (2.) The Executive Director may create other necessary positions and fill them according to the personnel procedures set up in the by- laws. C. Advisory Committees may be appointed by the Board of Directors to provide direction on matters before the Board. D. The Board of Directors shall within forty-five (45) days of the effective date of this Agreement, cause a by-laws document to be created and approved by a majority of the Board. (l .) The by-laws shall set forth the operating, administrative and personnel procedures of the Consortium. 10 ' (2.) Nothing in the by-laws may supersede any provision of this Agreement. (3.) Amendments to the bylaws shall require approval of at least fifty- one percent of the weighted votes present at the meeting. (4.) All members must be notified in writing at least twenty-one days prior to any meeting involving a vote to amend the bylaws. E. The Criminal Justice Commission of Palm Beach County through its Law Enforcement Planning Council shall serve as the coordinating entity for the MPSCC until December 1, 1999 or such time as twenty-five percent of the eligible cities who desire participation have approved this Agreement. / (1.) Upon reaching December 1, 1999 or obtaining twenty-five percent of eligible municipalities desiring participation, a Board of Directors shall be appointed by the city managers of those municipalities. (2.) The Board of Directors may appoint an interim Executive Director to begin establishing the administrative functions of the Iv1PSCC. (3.) The Board of Directors shall determine when all eligible municipalities have approved this agreement, declined participation, or declined by reason of lack of response and that this agreement creating the MPSCC is considered to be effective. (4.) The Board of Directors shall then appoint a permanent Executive Director. Section & FINANCIAL STRUCTURE A. The Consortium is a cost sharing organization with costs divided among its members as set forth within. B. The Consortium may seek and be entitled to receive funds from the County, State and Federal Governments. C. The Executive Director shall prepare an annual budget for approval of the Board of Directors. a (1.) The fiscal year for the Consortium shall begin on October Is' of each year. (2.) The firstfiscal year of the MPSCC shall begin with the effective date of this Agreement and end on September 30`h of that year. (3.) The Executive Director shall within nine months of the effective date of this Agreement prepare a capital. expenditure budget. (a.) The Executive Director shall prepare a detailed initial budgetary analysis showing the individual expenses of each HUB and the total anticipated obligation'of each Member municipality. (b.) The Capital expenditure budget and budgetary analysis shall be provided to each Member within ten days of their approval by the Board of Directors. 12 D. Costs associated with the radio network shall be assigned to the HUB Group that incurs them. The HUB groups are: North West Central South West -Central School District Police 01 Each HUB Group may select the projects it wishes to be involved in. The Group may also determine the extent it wishes to participate in larger general projects. (2.) Each Member shall select its HUB affiliation within thirty days of ratifying this agreement. This selection shall be presented to the Board of Directors for their approval. F '1 (3.) Cost within each HUB shall be apportioned according to the population total the percentage of each Member municipality's population in relation to the population total of members in the HUB. (4.) A HUB Group may choose to use a different cost sharing formula within that HUB subject to approval from the Board of Directors. (5.) The Members of each HUB group shall constitute an advisory committee to the Board of Directors. (6.) The Board of Directors may create or delete HUB Groups as necessary. (7.) Each HUB Group shall elect a Chairperson to serve a two-year term. (8.) Actions of the HUB Groups shall be by majority of votes present in consideration of the weight of each vote. E. General operating costs of the Consortium shall be apportioned between the Members according to the percentage the Members municipality represents in relation to the total population served by the Consortium. The Board of Directors may modify this cost apportionment formula as it deems necessary. (1 •) The population figure applied to the School District HUB shall be the averaged population of the Category Two municipalities. F. Funds coming into the Consortium from sources other than Member payments shall be used for the expenses of the HUB units and divided according to the percentage that incoming funds represent in relation to the total budgeted expenses of the HUBs for that fiscal year. This percentage of the incoming funds will be applied to each HUB's expenses. Grants of funds obtained for specific purposes may be exempt from this formula at the discretion of the Board of Directors. The Board may modify this formula as it deems necessary. G. The Consortium shall notify each Member of the amount of its obligation to the MPSCC for the next fiscal year no later than March lu of each year. H. Nothing in this agreement shall interfere with or modify any existing agreements between municipalities regarding the operation of existing or planned radio systems. The Board of Directors shall establish procurement policies and procedures. These shall be included in the bylaws. The NIPSCC shall hold title to all assets purchased by the Consortium. 14 K. The Board of Directors shall establish an auditing procedure that shall include at least early audits of the Consortium's financial records by an outside auditing firm. These procedures shall be delineated in the bylaws. L. The Board of Directors shall establish procedures for handling the Consortium's financial transactions and setting up the required accounting systems. These procedures shall become a part of the bylaws. M. Members joining the MPSCC after its effective date may be assessed a proportionate share of prior expenses as determined by the Board of Directors. N. Radio frequencies belonging to a Member may be used by the MPSCC with the owner's permission. Frequencies utilized under this sharing agreement will remain the property of the Member. Frequencies which are an integral part of existing radio infrastructures, specifically the West Palm Beach and South County Cooperative systems, shall remain under the sole -control of these entities and not be subject to any restrictions under this Agreement. (1.) A Member may transfer its frequency license to the . MPSCC for compensation to be determined by the Board of Directors. This compensation will be in the form of a credit towards the Member's obligations to the MPSCC. (2.) The MPSCC will be responsible for any licensing fees or expenses for frequencies transferred to it. O. The MPSCC may provide radio services for other law enforcement agencies or municipal departments other than law enforcement at the discretion of the Board of Directors. 15 (1 •) Municipalities or agencies desiring these additional services shall send a request to the Board of Directors. (2•) The Board of Directors shall set a fee schedule for these services. (a.) This fee schedule shall be included in the initial budget proposal set forth in Section 8-C. (3.) The fee schedule may be adjusted yearly by the Board of Directors to ensure equitable cost sharing. (a.) The fee schedule shall be included in each fiscal year budget. (4•) Revenues from these fees will be directed to the HUB Group in which the user is located. s P. The Executive Board shall establish policies and a cost formula for Members who contract with other Members for communications services and do not directly utilize MPSCC services. Section 9. EMPLOYEE PROCEDURES A. All employees shall serve at the pleasLra of the Executive Director. B. The Executive Director shall prepare a set of personnel policies and procedures for approval by the Board of Directors. These shall be included in the bylaws upon approval. C. The Executive Director shall recommend a compensation package for each employee classification for approval by the Board of Directors. 16 D. The MPSCC is an Equal Opportunity/Affirmative Action/Veteran's preference Employer. E. In the event the MPSCC absorbs a communications service of one of its Members, all employees of that Member associated with that service shall be given an opportunity to become MPSCC employees. This opportunity shall be available during a period no less that forty-five days prior to the effective date and ending fifteen days after that date. (1-) All employees absorbed from another member agent must conform to the policies, procedures and standards of the MPSCC. (2.) Exact procedures for implementation of this section shall be delineated in the bylaws. F. MPSCC employees shall have a benefit package as approved by the Board of Directors. G. In the event that a group of agencies elects to participate in a cooperative radio dispatch center, the group will form a section separate from the radio system HUBS. The directors of this group will comprise a Dispatch Management Committee. This Committee shall have authority over the dispatch personnel and responsibility for setting dispatch and personnel policies. (1.) These policies shall be delineated -in a sub section of the bylaws. (2.) The Dispatch Section will have responsibility for all expenses incurred by the dispatch operation. 17 (3.) A Member of a HUB Group may chose not to participate in the cooperative dispatch center and may still participate in the HUB's radio system. (4.) Any Member that participates in the cooperative dispatch center but not in the radio system shall have a seat and weighted vote on the Dispatch Management Committee, but shall not have a seat on the Board of Directors. SECTION 10. LIABILTY A. To the extent permitted by law, each Party shall each be responsible for its own negligence. Nothing herein shall be deemed to waive any immunities granted pursuant to Section 768.28, Florida Statutes. B. During the term of this Interlocal Agreement, and any extension thereof, the MPSCC shall secure and maintain in full force and effect adequate insurance for all equipment titled to the MPSCC. Adequate insurance shall mean in an amount sufficient for total replacement of that equipment. C. The MPSCC shall secure and maintain in full farce and effect adequate liability insurance during the term of this Inter local Agreement. The amount of insurance to be deemed adequate shall be determined by the Board of Directors. SECTION 11. DISPUTE RESOLUTION A. Any disputes or disagreements between any of the Parties shall be heard by the Dispute Resolution Committee. (L) The Committee shall be appointed by the Chairman of the Board of Directors within ten days of his election. 13 W (2). The Committee shall consist of one member from each size group of municipalities for a total of three members. An alternate from each size group category shall also be appointed to fill-in if an original member should be a party to a dispute and have to withdraw. (3.) The Committee shall serve a two-year term. B. The recommendations of the Dispute Resolution Committee shall be presented to the Board of Directors for implementation. C. Nothing in this Agreement will prohibit any member from any legal remedies that he might otherwise have. D. This Agreement shall be governed by the Iaws of the State of Florida. Any and all legal action necessary to enforce this Interlocal Agreement shall be held in Palm Beach County, Florida. (l .) The Board of Directors and each Member shall have the right to enforce the provision of this Agreement. A defaulting Member shall be responsible for any court cost and legal fees incurred by the Municipal Public Safety Communications Consortium. (2.) If after an investigation or litigation of the alleged default, the ' defaulting Member is found not to be in default, the Member may recover costs incurred from the Consortium. 19 SECTION 12. CANCELLATION OR WITHDRAWAL FROM THIS AGREEMENT A. In the event that any portion of this Interlocal Agreement shall be held invalid for any reason, such invalidity shall not effect the remaining portions of this Interlocal Agreement and the same shall remain in force and effect. B. Any Party after the effective date of this Agreement may withdraw from the MPSCC and terminate their interest in this Agreement upon one year's prior written notice to the Board of Directors. (1 •) Any Member may withdraw from the MPSCC within sixty days of receipt of the initial capital budget and cost projections as specified in Section 8-C (3)(b) without penalty and without invoking the notices required in Section 12-B and Section 12-E, if the budget projections are not satisfactory to the Member. (2•) If a Member or Members withdrawal should occur after the first review of the initial budget and cause a change in the financial obligations of the remaining Members; the Board of Directors shall re -notice all Members of the new cost figures and allow an additional thirty day withdrawal period without penalty. C. There shall be no refund of any payments made under this Agreement for equipment purchased or services rendered if a Party chooses to withdraw from the MPSCC. D. No Party shall remove or disconnect any User Specific items from the system that would result or cause the system to malfunction or disrupt service to the system users. 20 B. Three years prior written notice to the Board of Directors is required to reclaim any radio fiequencies that are shared with the MPSCC and are being utilized by the MPSCC when a Member wishes to withdraw from this Agreement. (1.) Should the MPSCC be dissolved, all shared fiequencies will revert back to their original owner. (2.) , Should the MPSCC be dissolved, any fi-equencies licensed to the MPSCC shall be transferred to the HUB Groups utilizing them. F. Should the MPSCC be dissolved by a two thirds written vote of the membership: (1.) All equipment and real property being utilized by each HUB group will be retained by that group. (2.) HUB Groups will become responsible for any outstanding contracts or obligations relating to that group. (3.) Any general assets of the MPSCC shall be dissolved and the proceeds distributed to the Members in the same manner as general operating costs in Section 8-E. R) Any outstanding contracts or obligations relating to general operating cost will be satisfied from the proceeds of the asset liquidation in Section 12-6(C) before any remaining proceeds are distributed to the Members. 21 (5.) Individual HUB groups may choose to remain operational. A two thirds written vote of the members of each HUB group is required to dissolve it. If a HUB Group is dissolved the members may agree to sell or transfer the operating equipment to one of the members; or the HUB's assets wiU be liquidated and the proceeds, after satisfaction of any outstanding obligations, distributed to the HUB members in the same manner as HUB costs in Section 8-13(3). G. All provisions of this Agreement calling for expenditure ad valorem tax money by any Party is subject to annual budgetary funding, and should any Party involuntarily fail to fund any of their respective obligations pursuant to the Agreement, the Agreement may be terminated as to that Party. However Section 12-E of this Agreement regarding shared frequencies shall apply. SECTION 13. MISCELLANEOUS PROVISIONS A. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute this Agreement on behalf of the Party for whom he or she is signing, and to bind and obligate such Party with respect to all provisions contained in this Agreement. B. Any notice govern pursuant to the terms of this Interlocal Agreement shall be in writing and hand -delivered or sent via certified mail, return receipt requested. Notice shall be sent to the Chairman of the Board of Directors and the Executive Director. C. The Parties agree to act in a spirit of mutual cooperation and good faith in the implementation and operation of this [nterlocal Agreement. 22 n D. The Parties agree that no person shall on the grounds of race, color, national origin, religion, or sex 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. The Parties hereby agree and will ensure that all contracts which are executed pursuant to the terms of this Agreement will contain a similar non-discrimination and equal opportunity clause governing the contractor's or vendor's activities. E. This document may be signed in counterpart. 23 go RESOLUTION NO. R-02- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AMENDING RESOLUTION R-99- 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF THE FUNDS COLLECTED PURSUANT TO SECTION 318.21(10), FLORIDA STATUTES, FOR THE BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, AND PROVIDING FOR DISBURSEMENT PROCEDURES. WHEREAS, Section 318.21(10), Florida Statutes requires any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contract for, and has isin the-preeess o implementeditg a 800 MHz trunked radio public safety i communications system which meets the requirements of FS 318.21(10) as determined by the State of Florida Department of Management Services and is currently being utilized by the County, some State and Federal agencies as well as by some municipalities countywide, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion of the revenues generated by municipalities for their benefit and therefore enhancing the County's Intergovernmental Communications Plan, and WHEREAS, in order to encourage interoperability, the County adopted Resolution R99 2343 D which now requires amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to amend the estabhs" process established by Resolution R99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal participation in an interoperable public safety radio communications system. As'. / ./ 8 A. In order to implement this direction, on January 1, 2000, the County veil+ established separate Orgs within Fund 172. B. The Clerk of the Circuit Court has and will continue to assign all $12.50 monies that are collected from moving violations written by municipal law enforcement officers into the Municipal Org and all $12.50 monies that are collected from moving violations written by. PESO, Florida Highway Patrol and other non -municipal law enforcement agencies within Palm Beach County into the County Org. This supplements the requirements of Resolution R92-1187 and amends Resolution R99-2343D and to the extent that there are conflicting provisions, the provisions of this Resolution will prevail supereede. 2. Definitions A. County Org.- The portion of the $12.50 monies in Fund 172 which are collected by PESO, Florida Highway Patrol and other non-municil2al law enforcement agencies. B. Countywide System - The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmitting and receiving equipment, a microwave system for communications between sites, SmartZone Controller and related management equipment, dispatch consoles and related equipment. C. Eligible Expenses - Capital purchases and other expenses which may be allowed pursuant to the requirements of 318 21(10), F.S. D. Fund 172 - The fund within the County's accounting system that all revenues collected pursuant to 318.21(10) F.S. are deposited. E. ICP Svstem - The interoperable radio systems) which are included in the approved State of Florida Intergovernmental Communication Program (ICP); which approval may be amended from time to time F. Municipal Org - The portion of the $.12.50 Monies in Fund 172 which were collected by municipal law enforcement officers. G. Municipal Public Safetv Communications Consoritum (MPCSS) - An entity of municipalities created under interlocal agreementas provided for by Section 163.01 F.S. and incorporated as a not -for -profit organization created for the purpose of establishing an interoperable municipal radio system to be submitted to the State of Florida for approval for incorporation into the County's ICP H. Participating Municipality - A municipality that is a part of the County System via one of the following three methods; 1) direct access 2) connection through the SmartZone Controller. or 3) connection to a municipality which is connected through the SmartZone _Controller P.S. 2.18 (Hub). I. $12.50 Monies - The funds that are collected pursuant to 318.21(10) F.S. 3. The Palm Beach County League of Cities ("Leaguen has wif+ presented an allocation methodology to the Communications System and Operations Policy Advisory Committee (CSOPAC) for ratification. Once ratifi The CSOPAC wifi has ratified such allocation methodology and has provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as required by Resolution No. 99-2343D. 4. While the League had initially allocated all funds in the Municipal Org to the MPSCC, it is recognized by both the County and the League that certain municipalities may have already or will expend funds collected from sources other than the $12 50 monies which may meet the requirements of Eligible Expenses and therefore be eligible for reimbursement from the Municipal Ora In order to provide fora methodology which allows for the eguitable allocation of funds to municipalities with police departments for any Eligible Expense, the monies in the Municipal Org will be assigned to individual municipalities based on actual collections within that municipality. Exhibit A to this Resolution identifies the collections as of 10/31/01 Thus any municipality shall be allowed to request reimbursement for Eligible Expenses up to the amount assigned to that municipality. 5. , Requests for. disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit B, which may be modified from time to time by written approval of the County Administrator. The County shall update Exhibit A and distribute to all municipalities by February 151' annually. Municipalities not participating on the Countywide System shall individually elect by resolution of the municipal governing body by May 1st annually or for a longer period at the option of each municipality, whether it wants its allocation to be assigned to Eligible Expenses of the MPSCC. The MPSCC shall have the resolutions of the municipal governing bodies specifically identify the amount of the allocation which is being assigned to the MPSCC. These resolutions shall be used by the MPSCC as the funding evidence required by Exhibit B, Section 2B 6. The County may expend Municipal Org funds only for Eligible Expenses eapitai �. The County will disburse funds for costsf subscriber units to Participating Municipalities. The County will allow Municipal Org funds of municipalities participating in the ICP System via the MPSCC to purchase portable and mobile subscriber units with funds from the Municipal Org when sufficientafter ll equipment required to connect to the Countywide System is purchased and operational ai�d if eensistent with the plan -for Ar 3.1 8 - • Itl �1 !•J •1ti [�1.1 �f•1�Jttlttt�i�IP[�UIV[P1►1•tI►l�l�i1'"[1-1MJAf•tl �t•Itll9ll-[•I IU►H3f� I�I�t�t1Y1 T 6. The execution of this resolution does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: COMMISSIONER WARREN H. NEWELL - COMMISSIONER CAROL A. ROBERTS - COMMISSIONER KAREN T. MARCUS - COMMISSIONER MARY MCCARTY - COMMISSIONER BURT AARONSON - COMMISSIONER TONY MASILOTTI - COMMISSIONER ADDIE L. GREENE - The Chair, thereupon, declared the resolution duly passed and adopted this 5"' day of February, 2002. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ass't County Attorney Ar 4.18 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. Wilken, Clerk By: Deputy Clerk APPROVED AS TO TERMS AND CONDITIONS Dir. Facilities Development & Operations a Exhibit A O o) to r r OWOOON 00 O h M W O O to N (0 0 0 ti W r *' -r to 00 W w O W O W (D In W cq O O O M c'7 t0 r (D o 0 ID O N M 6 t- O 0) Q G er O O N O N 00 r (D 0 0 0 0 (0 N r- M W 0 r- -rO tl- -t O N C) W tT (G t�l ��� O to O 'r m r 0 N (4 .- to EA N N 64 O 64 ti M W N N t` w (O W r 0 N W O to 0 n tl] 0. a)t0 r M CO O) W Oct M M N •t Cp CO N N O tp C (O M M O r O O N ti t10 O <Y C f h to W r CC 00 N -r N to r n� W r to t` CO t 1 r W to CD t` 03 tri 60 0*'1 00 O (A to W M 64) r to 64 C") C'M CM 64 bp> `T bA of C7 to rr r W !fl r C`J 4 M N m CN b4 - b4 r (A. W). r 64 64 64 bi r 6V).4 r di y3 69 64 ` N L � Ill t W O O T � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 It� 00 � U") V) 0 to tl) O O Q If? to 0 0 0 V 'tt O to r 0 0 0 ll) O to O W l0 0 0 IO Op r. m O N O tV O O 61 CD O r O r CO 0 Qj r 0 M O M co N O O t0 O m r r (D o 0 0 N M n CO N O (D 64 o4 64 64 `: c07 _ bA � 6q 0 O N O M W N to ti W r to W r O V, Ill n M N O to M O _ to O) co Lo r T CO t0 t- t0 N N W O f- M t0 M M Ca n W O �+t. 'a; '7 O (A M to r. W M C' CO W 69 O N d' rl V (O <i W to 1-: C7 64 (O C)N O ti r cl W O r r f• r' . N T 64 r r N M `t M M (A 64 t- 64 bR N O c G) t0 to 64 M M U 64 64 N r r 64 EA 69 64 64 69. to 64 r 64 69 E9 EA 69 N to [A 64 N t0 W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m to 0 0 0 0 0 to 00 O to 0 0 0 tl) 0 0 0 0 0 0 tC) 0 0 0 to to 0 0 0 O O to try to O an O 0^ p (p to to Or_ O O O r- O to O ti 0 0 0 0 to O t-- to O O t� r` f• 0 0 0 CD N .N- a~0 064 0 CD Co to r r-- N b4 co 64 64 to W 64 r-- 64 N to 64 to 64 N 0 W N to 0 CO M CO to to C:)to W v co O CO r 64 IT N T W et' r (O to O r N r M r to to 64 0 r N W N W I., co V I 64 r• �j r 64 0% c j bA 64 64 4 N W M r r r tD 6T4 69 64 69 64 � 64 69 64 69 FA 60 bH 64 64 64 M 0 0 6) N U N O O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to 0 0 00 0 0 O O O O O O O O O O O •' Iv N O N t'7 O O W 00 0 to 00 00 to O to N M 0 0 0 0 to to 0000 0 0 to O N M to O th to M T to O M 00 N O M CM O to r 1� N N ti N to r v rn r O ►� O W N E to N M O ti (A v 64 bH T M 64 M 40% M W n O O W-� n to M CD W (D 0 N h O W W W W 64 r 0 r W fJf W tfi CO h ti n CV to bA W M W O N M m 0 O t0 M et 0 O tT to W M t0 M CO N CD O r h Oj O r W to O N M CA -T N r N •r �T N N C) ti t7 CO T r -T W CD FA 64 64 V+ � N N n N b4 64 m 64 64 r (D N to M M 64 r W T W- bf> bf! Ct? 64 64 69 bH V). 64 64 64 to (A 64 64 (A Cl N U w r O CONOCO O O O O O O O O O O O O CC) r 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 r W 0 0 0 to m to O CO O O O to O to O O O O to N W to to to to O O t') O O t!; O to O to O O 1- O O to ti 0 sP f` CO n 1� to 66 OO E M r ti r W 69 "M 64. 64 M W 69, C)" 64 W W to v f� t� W W O to O 0 n N N to N co C) N 69 r C) .O..:to CM O C 69 ti to c) O co v 64 c) M M CD n to CO r CO r (O M to ti n O Q) rn N (O r,. w nj ti O) (� r ttj h• r CD 1� (*j to r N r M CV CA N T O co to N CV O -T .. - 6,3.69. r V V' 64 CA 64 64 to r r to r bA CA M 64 bA 64 ".r T �t N N 69 r O N 64 64 69i Cr> 64 64 64 64 64 64 64 64 6'Y 64 Mm m 0 CL O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to W W to f- O W O o 0 M O ti O W '<r (0 r v O W to M M O CD 0 W N (0 t` O W N M O co O M o r W 0 0 0 o O CO r O W 0 W M 0 (D to N W o N r N V W 0 CO r N O CV '' (n C d; O Q, G N cM O C 0 0 0 6 7 0 0 0 0 0 (D O O r CO T O O N O r r W O N to M O o 0 0 v o r r T C7 T W N T o to O V O r O O O O W (D 0 0 ON W W r r M r M v CD W W p to Q) v M Q) O M O M N O O CD CO T N (D T C` (0 N to tl) N M M N W W M W CO to (D O W N tt7 tT h O co C. O tD 1 M st O to 1` N N M M V h r V m CV O 0 to V O N W W to W W N r 0 O N � ti COO co N M M M c7 00 L c r r r to C7 to '- r tT r M to C,4 t. r Q, r M r N N co to O CD to N N r r M to CO !' O) T 1- O W O 0) to V to to N co 00 r r M 1` r M� W to W co C) (D -r M 0) O M CO co t- %- O O Co Co r to N ti M Co r to f• W N (0 to N Cl) M N W W M W W Wo (D O W N to O ti r 0 M (D O to 11- M v r O N N to I~ et ti O N M M v I. r vM N O CO O) v O N W M 0 W W N N r r- n a O N 'V7 14 O O ti r CM N C7 O C7 W to a r N r to O to r N N M to M co O a r t` co co N M M r r M to m t m O � N �+ U) C U) O Z O l0 t0 0 U) t (� U to t`a an d C7 N U) m m m of vo m 4) Y m m E m 0 t c a. E .o CLi CLi C=i c m E �, E c E o - 0 N QI L t0 O t0 C t- � t0 (d It) td Itt IO N CO 0 to «.� m.°c.m �m�U° w-. �_`0 an d ;, �i a 3 �•o a c Y m mmcn m a r t �a� c m roc �+ c_ aci ,� d t c o w •' m m d :° A a) c to o E E E E °1 i° •• •. 3= a m -, ammmmc.�C30(D0axxx���-jJJ-17-2zOaaaa.or 0. 0 d O O t a (D v t,) o f` N r C 64 . C t0 N M of N N lA � O C to > to L r lA M q) M � to bo a U c_ W N O O O E `0 h W lb � C !A � N co Ui yj f'A _V Z d N o _) 1` •O CO n O 0 a O a) o CO r m CAD t U-) 3 N (U U 7 N t) U') C a a e- 0 c C w 7 F- L� O O U c 7 Exhibit B Procedures for Disbursement from Palm Beach County Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies ("Requesting Agency') shall submit to Palm Beach County Facilities Development & Operations a Request for Funding ("Request'. The Request shall include the following. . 1. The Request must Al demonstrate that .the Requesting Party is interoperable ursuant to the acce table levels of intern erabili established b the CSOPAC with the ICP Eeun"ide System. If the 1111513uestin A en is the MPSCCr it must also include Fade a funded plan for becoming interoperable with the Countywide System. 2. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement which must be compliant with the requirements of FS 318.21(10), and B) the fiinding souree for all equipment ineluded in the plan, and G) evidence that the funding has been committed for those purchases (form to be executed will be provided). If the Mena is the MPSCC it must also include the non- M.50 funding sources for all a ui ment included the Ian for which fundin is re nested and a -copy of the a reement to be si ned with the vendor to demonstrate that items for which disbursement is so jhtis included in the contract and that there are no on-'qging obli ations bein assumed b the Coun as a result of the MPSCC contract 3. The Request must include a maintenance plan which identifies who will be responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. 4. The Request must identify the official of the Requesting Agency that has the ability to bind the Requesting Agency . 5. The Request must include an executed E ui ment Use A reement included as Attachment I to this Exhibit. The Request will be reviewed by the Facilities Development & Operations Dept which will deteCmine compliance with the above. FD&O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. Com liant re uests of Partici atin Munici alities or the MPSCC will be approved b Facilities Develo ment & 0 erations. If FD&0 and the Re uestin A en are unable to a ree on com liance the re uest-will be forwarded to an ad hoc rou consistin of the Coun Administrator, the Coun Attorne and the Lea ue's General Counsel for a final decision. "i OLL - t @@. 3 11110 L - t 0 VA'JOIDIVI-Mull'w : • - - - - "" WE " ::: i s " - : i �:• ": i — --�• -—" A. Upon approval of the Request by the , FD&0 shall encumber the approved amount from of the disbursement within the Partici atin Munici ali or the individual munici ali havin assi ned b resolution their allocation to the MPSCC municipal portion of the $12.50 funds and provide a copy of the request and the approval letter to the Finance Department of the Clerk of the Circuit Court. B—The County will disburse to a Requesting Agency who is a Participating Municipality at any time during the calendar year, but in no case more frequently than semi- annualiv upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs incurred by the Requesting Party during the invoices. If the Re uestin A en is the MPSCC disbursements ma be made at a fre uen identified in its fundin plan, but in no case more fre uenti than month) Disbursements -shall be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. A. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and that the labor, services or materials for which payment is being made area art of the ICP S stem relate to radie�� eampenents which were ineluded as part efthe plan approved by GSOPAC for its sueeessoi* B. Each request for disbursement must be signed by the authorized representative of the Requesting Party certifying that the equipment has been received from the vendor and that such l2aymen a request is consistent with the approved Request approved bythe. The request for .disbursement may be in whatever format is acceptable to the Requesting Agency's Finance Department and is consistent with the terms of the Requesting Agency's contract or purchase order with the vendor. pay. 6 ./ 8 i The Requesting Agency will be bound to the specifics (ie: type and quantity of equipment, timing, etc.) of the Request. Any modifications to the Request will require re -submittal to FD&0 for written approval by GSE)PAC- (or its sueeesser). Ap. 7./ 8 ATTACHMENT 1 TO EXHIBIT B EQUIPMENT USE AGREEMENT This Agreement applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed in the $12.50 Intergovernmental Communications Fund ("$12.50 Fund'. The term Agency refers to an entity which receives funds from the $12.50 Fund. A. The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asset, the work unit to which the asset is assigned. The County will provide the Agency with an asset number for each piece of equipment. The Agency will be responsible for tagging the equipment accordingly. The Agency may chose to have the County tag the equipment and utilize the County's bar coding system if it chooses. B. By July 31' of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Officer. The Agency Inventory Officer shall, at all times, comply with all requirements of any Statute governing local government fixed assets. The Agency Inventory Officer shall be (type name and position of Agency Inventory Officer). C. The term of this Agreement is a 30 year period or the life span of the equipment whichever is shorter. During the term of this Agreement, the Agency shall be responsible for maintenance of the equipment. D. In the event that the Agency determines that it is appropriate to surplus a piece of equipment prior to the_ thirty year period, -.the Agency will provide the County with the equipment that is to surplused. Upon receipt of the equipment, the asset will be removed from the agencies inventory. The County shall dispose of the equipment. E. The Agency will use the equipment/purchases solely for uses allowed pursuant to the 318.21(10) F.S.S, and consistent with the approved Request for Funds. F. In the event that the Agency does not adhere to the terms of this Agreement, the County will provide notice and the Agency will have 30 days to cure the default. In the event that the default is not cured, the Agency shall be required to repay the monies disbursed from the $12.50 Fund within 30 days of the default. ' By signing below, the Agency agrees to abide by the terms of this Agreement. Witness Date Date of County Acknowledgment Signature of Authorized Agency Representative Print Name and Title of Authorized Agency Representative Signature of FD&O Director py. 8./ 8 RESOLUTION NO. R-02- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AMENDING RESOLUTION R-99- 2343D, SUPPORTING THE ALLOCATION OF A PORTION OF THE FUNDS COLLECTED PURSUANT TO.SECTION 318.21(10), FLORIN STATUTES, FOR THE BENEFIT OF THE MUNICIPALITIES AND THE ENHANCEMENT OF THE COUNTY'S INTERGOVERNMENTAL COMMUNICATIONS PROGRAM, AND PROVIDING FOR DISBURSEMENT PROCEDURES. WHEREAS, Section 318.21(10), Florida Statutes requires any county which participates in an intergovernmental radio communications program approved by the State of Florida Department of Management Services to use $12.50 from each moving traffic violation to fund that county's participation in the program, and WHEREAS, a portion of the revenues collected are from violations which are written by municipal law enforcement officers within the municipal limits, and WHEREAS, the Board of County Commissioners has entered into a contract for, and has implemented a 800 MHz trunked radio public safety communications system which meets the requirements of FS 318.21(10) as determined by the State of Florida Department of Management Services and is currently being utilized by the County, some State and Federal agencies as well as by some municipalities, countywide, and WHEREAS, the Board of County Commissioners can encourage interoperability of municipal communications systems with the countywide public safety communications system by allocating a portion of the revenues generated by municipalities for their benefit and therefore enhancing the County's Intergovernmental Communications Plan, and WHEREAS, in order to encourage interoperability, the County adopted Resolution R99- 2343 D which now requires amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 1. The purpose of the Resolution is to amend the process established by Resolution R99 -2343D by which a portion of the $12.50 Monies, specifically the monies collected from violations written by Municipal Law Enforcement Officers can be used to facilitate municipal participation in an interoperable public safety radio communications system. A. In order to implement this direction, on January 1, 2000, the County established separate Orgs within Fund 172. Al. /./7 B. The Clerk of the Circuit Court has and will continue to assign all $12.50. monies that are collected from moving violations written by municipal law enforcement officers into the Municipal Org and all $12.50 monies that are collected from moving violations written by PBSO, Florida Highway Patrol and other non -municipal law enforcement agencies within Palm Beach County into -the County Org. This supplements the requirements of Resolution R92-1187 and amends Resolution R99-2343D and to the extent that there are conflicting provisions, the provisions of this Resolution will prevail. 2. Definitions A. County Org-The portion of the $12.50 monies in Fund 172 which are collected by PBSO, Florida Highway Patrol and other non -municipal law enforcement agencies. B. Countywide System - The 800 MHz trunked radio system funded, purchased, installed, maintained and owned by the County including fixed and field transmitting and receiving equipment, a microwave system for communications between sites, SmartZone Controller and related management equipment, dispatch consoles and related equipment. C. Eligible Expenses -Capital purchases and other expenses which may be allowed pursuant to the requirements of 318.21(10), F.S. D. Fund 172 -The fund within the County's accounting system that ali revenues collected pursuant to 318.21(10) F.S. are deposited. E. ICP System - The interoperable radio system(s) which are included in the approved State of Florida Intergovernmental Communication Program (ICP), which approval may be amended from time to time. F. Municipal Org - The portion of the $12.50 Monies in Fund 172 which were collected by municipal law enforcement officers. G. Municipal Public Safety Communications Consoritum (MPCSS) - An entity of municipalities created under interlocal agreement as provided for by Section 163.01 F.S. and incorporated as a not -far -profit organization created for the purpose of establishing an interoperable municipal radio system to be submitted to the State of Florida for approval for incorporation into the County's ICP. H. Participating Municipality - A municipality that is a part of the County System via one of the following three methods; 1) direct access, 2) connection through the SmartZone Controller, or 3) connection to a municipality which is connected through the SmartZone Controller (Hub). I. $12.50 Monies - The funds that are collected pursuant to 318.21(10) I F.S. P.ra.17 0 3. The Palm Beach County League of Cities ("League') has presented an allocation methodology to the Communications System and Operations Policy Advisory Committee (CSOPAC) for ratification. The CSOPAC has ratified such allocation methodology and has provided the allocation methodology to the County to be used as the basis for distribution of funds from the Municipal Org, as required by Resolution No. 99-2343D. 4. While the League had initially allocated all funds in the Municipal Org to the MPSCC, it is recognized by both the County and the League that certain municipalities may have already or will expend funds collected from sources other than the $12.50 monies which may meet the requirements of Eligible Expenses and therefore be eligible for reimbursement from the Municipal Org. In order to provide fora methodology which allows for the equitable allocation of funds to municipalities with police departments for any Eligible Expense, the monies in the Municipal Org will be assigned to individual municipalities based on actual collections within that municipality. Exhibit A to this Resolution identifies the collections as of 10/31/01. Thus, any municipality shall be allowed to request reimbursement for Eligible Expenses up to the amount assigned to that municipality. 5. Requests for disbursements will be accepted for Eligible Expenses pursuant to the procedures for disbursement from the County attached hereto as Exhibit B, which may be modified from time to time by written approval of the County Administrator. The County shall update Exhibit A and distribute to all municipalities by February 15"' annually. Municipalities .not participating on the Countywide System shall individuallyelect by resolution of the municipal governing body by May 1st annually, or for a longer term at the option of each municipality, whether it wants its allocation to be assigned to Eligible Expenses of the MPSCC. The MPSCC shall have the resolutions of the municipal governing bodies specifically identify the amount of the allocation which is being assigned to the MPSCC. These resolutions shall be used by the MPSCC as the funding evidence required by Exhibit B, Section 2B. 6. The County may expend Municipal Org funds only for Eligible Expenses. The County will disburse funds for subscriber units to Participating Municipalities. The County will allow Municipal Org funds of municipalities participating in the ICP System via the MPSCC, to purchase portable and mobile subscriber units with funds from the Municipal Org when sufficient equipment required to connect to the Countywide System is purchased and operational. this portion of page intentionally left blank Al, 3.1 7 7. The execution of this resolution does not create an entitlement for the municipalities to any of the funds collected pursuant to Section 318.21(10) F.S.. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: COMMISSIONER WARREN H. NEWELL - COMMISSIONER CAROL A. ROBERTS - COMMISSIONER KAREN T. MARCUS - COMMISSIONER MARY MCCARTY - COMMISSIONER BURT AARONSON - COMMISSIONER TONY MASILOTTI - COMMISSIONER ADDIE L. GREENE - The Chair, thereupon, declared the resolution duly passed and adopted this 5"' day of February, 2002. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Ass't County Attorney r 4,17 PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Dorothy H. WilkeriClerk Deputy Clerk APPROVED AS TO TERMS AND CONDITIONS Dir. Facilities Development & Operations Exhibit A CI 10 O G'I M1© r- — -- 0 -f 0 r.O r Ul O c0 W a- O c0 O) O O N M r h O?� G. O O Q O to r r O N a C) 0 CI 0 a 2 C .^. CO O O N N O tY0 O o W to W c0 0 0 0 M M W M O Q) M W N O M1 Q. N O ti M M O (� .- 6,} M1 O tc] O C) N O N O O *' (0 O O p Cn W C I r M to N -7 O M1? O yl .^ - O O Et) M1 M U7. C•1 -7 M1 CJ 01 0 to N .^.. to M t- COO y: Cl) ?. to a O r W T W N b) r Ff) 6r? N N �) C) c0 Co. C) C N -f W 'r CO N N O CO . CO "7 r ^ O N O .p co V cD O CL G) (0 r M CO C•I � -Y 00 M1 - (.7 W M -- _ .., b) CI C4 M '- Cl) C7 N y) r 0) ,11 y) Cf N C M1 I� to C �- W M M M ail b) b) N u 'r) b) b) N o6r) b� trim �> �) �i�- M1 is 06RCnG�MCfl 6H C4 N 69 ER tt) � � C N `m D L N r p O O C O O C O O C'I C O O O O C4 to Q C C 0 0 0 0 0 C) o 0 0 0 0 0 0 ^. C -I• t1) )n a 0 0 •7 ' O U7 r tC7 C Cn Cn tl) O :.• N (O r p W r C�i U) O r O O O Cn O to O LO V) O ^ -6 - r W p O O Ch � C0 (n G) C M O M (:� C•1 O^ _- M1 cn N 0 bk M O -Y N g M1 C 0 C•J O N O O O (O C .- 0 V U7 ci) 7 [t3 tJ7 G7 N G) M co CJ Cn M1 tw -. Gf m to O O V '? G7 (0 ts) N Er) Fii G:i CO CO M1 W N N. C O^ C' M1 7 m M1 C N CO') r r - ^. to Q) co .^) 6 G? C cD `� C.7 N M1 r CC -- CO C1� r - :.^. O ..^I G7 M1 r T CO •" •`J -r 7 W M c0 N _ c C G'f O C`') (n `� r N M z (-i M 6�) e» t+ 7) h9 M1 N O fj) 5i) h-) +t) 6`) C r r M1 T eN- 69 64 6') r Ff) 64 r 69 69 N c i 64 64 N r- 69 `A r N v► (rT 69 69 PJ O C C f_ O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O C 0 .^_. -. O C O O O O O O O C O O Cn Cn == 0 0 0 U7 U'1 W O Cn O C) tC•) > O O O O C) to O O O O O O Cf) uJ O O O O O Cn O O O to O O O 0 0 0 (D N N M1 O () (') u) L Cc7 O M1 O (O Cn U) O M1 O O C I� O to O M1 6 ci t* 609 N O M1CO N U O 00 C~') W W tc] O to CO r CO 6H O 0 to 6H 6fi N� •A to r N C N y d CO to r !� N 69 CO ili V) N C U) O 'r CV r M r C.7 •.^. to O c r 6fi• Q 6R 69 M EA 69 H .% N Cn C-) T rbog, r tp T M C CO !fl 69 r CC7 r• v 69 r, N tc t(J' T T K 60 1%i Vk 64 to [fl 69 M b9 6H 64 69 64 W. VY 69 G bi bi 60. EH 6> U C N O 0 C) C) C) 0 C) 0 0 0 C O C O 0 0 tn 0 0 0 0 0 a) 0 0 C) 0 0 r' H C O O to v 0 0 0 (�? O N (? CO *- O O N O C) 0 0 00 0 0 0 0 (n (n Cn O N c') O O c0 0 C) 0 Cn 0 0 0 C) U) O (n NM N N tC) '7 7 CA 1� O M1 O to N tT ?` H r O M tll M r Cl) O (+7 O O CJ O ti O t` tD lC7 G7 Cl)Cl) G7 Cn r M1 CJ O O M1 ER 69 69 r M 60} M b3 M co M1 O O C '7 M1 W M W CO CO to N M1 o© C W m CA O N M C Cn W M Q Co O O .0 c0 f"J M1 C ~ U) N M E r (D cn m bi to _ I` M1 M1 N In tfi CO m C C -1 C\ r•' N 11, mot' d' N N O tTD O E N •- O C N (D (n r M1 a) O r U7 to O N Cl)- EA M1 N N N. CV (fl 6:i Cl) M 6A r W N ,C Cl) Cl) !fl C.) CV O M1 N .r.. CO E!) 64 69 r!!'! rfi► WEA 69 63 bq tfi � 69 69 69 fA V? 69 69 v r y) 9 — N O 69. U m 0 O O N O coo boo 0 00 0 0 0 0 0 to r 0 0 0 O O O O O O O O O O O 0 0 h Q (() Cn O O O. O Lq N CO CC) CC) Cn U) O O (•) O O to O Cn O C O H N O In O C? Cn O. CO O O O O N C O O O h V' O O O f` O O T tD r n I� C")i O O to M1 Cn M1 CO M1 IV 04 M1 C 6 O- a) O ti Ln ~J O (NO N CJ mot' N w E. (6 r M1 r co 69 p to 69 to . 6R (q 'CT 69 cam') tN'J� M CM1D cC0 w .C- (OD C0 CNC) ti h Il) ' (D I`- M Ci) T N r M N t7 N O) O (O Ul N N O 'CY V L M O� 69 ^ O N N f� d T M1 _. C. N M1 r tJ') 69, T r LO T (A FA M 6 i 69 69 'cT r N N 69 , 69 64 69 (fl ER 64 6H 69 (A 6H M tT 69 �' c" Z C) tag � 69 d N O O 0 0 0 0 0 0 o a o o •e o e o 0 0 o e o 0 0 o e o 0 o e e e o 0 0 0 0 0 0 0 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 0 0 0 o 0 0\ C)\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ C N W M1 O CO N Co") 00 C O \ ~ U .a \ 0 0 0 0 0 0 0 0 0 r � O W W M M O W CJ') Cn to C Cn M1 O m O O W M O M1 O to 'r CO r N O N w W r C� O •: C 0 0 W O O cO r 0 CO O to tT 0 CO Cn N CO O N r N O CO O O G c! t(7 T (0 W 0 CV to C') O O Q- C CV C) 0 0 0 0 0 0 0 0 0 0 0 CO O O r (O e- O O N O r T r Cl O ((i (7. CV U) r• - o N C Q) -7 a) r C) C) 0 0 0) W O (n O N c0 C T r M t` T M (0 CO-Cn to co (0 C) `7 Ch tT O Cl)M O N c0 C N C'7 c7 N CO c0 C•1 to W W W C� co N to O M1 O N N m OT m O O co cor N W r M1 W co Cn M1 t N Cl) CO v_ I- r c Cl) N O co 0) c O N W c0 Cn co W N C O CO N 'C' O ON M M O) Cl to U7 C) T N T W O cl) r T 04 N ('7 Cn 00 M r r C') r N N j N'i� CCDCD 3 r a M C CDco O O CC N N U r T t•" ) CI) W C) M1 M C W (n CO CO O O M1 N Cn CO C' Q) r M1 O 00 C� to T U) in N to to T T M M1 T 0 t-- N M1 M CO T to M1 T W N W LO N w N N O C N Cp0 ap0 to 000 00 N N�� �� N O O CO C r c0 .M-- C CMO Ci� O O M1 M V r O N N In M1 V: t-- O N C'7 M M1 _ Cn C) to r r O r C•) C 7 Q N V '�7 O O !� T M N C7 O M to O T N r cl co o r r (7 r N N 04 C CB 0 O T M1 CO co N cn CL 0 0 4. a CL A a a. to tY c y t c ai C a 4) t D C. —� o u o v O L Y y O C! N N oCD r 0 O t N t U N !C w N N m y V m m m O L o N d d m v °—' L C a E v 0 u u c 4) E �, C E c o. tv C m d aNi E Y m a m m o C m a v) O Q (tea aAs ' m o u y= C x a�i `` t`a aRi a`�i a�i Il Il a. H 0M J A Ua?r C o d Ems, u ..t ?m Cymmm/n tt «. .+ T 0: C H C- N O c) 0) M N t3) G CC O �' to N N C7 N E E E. C C) N C r 7 C y N C O C C It d z C >. 7 7 IT c m? O O O d 0 0 �+ C m CV C 10 V O N O d 0 t0 7> ?, 3 7 N tx0 N CO R N 0 0 m ��f J��ZOaaaatL�a'��f �-) Qmmmm000DaQ(D===-)-I"-jJJ r) Any agency requesting funding from Palm Beach County from the municipal portion of the $12.50 monies ("Requesting Agency's shall submit to Palm Beach County Facilities Development & Operations a Request for Funding ("Request'j. The Request shall include the following. 1. The Request must demonstrate that the Requesting Party is interoperable (pursuant to the acceptable levels of interoperability established by the CSOPAC) with the ICP System. If the Requesting Agency is the MPSCC, it must also include a funded plan for becoming interoperable with the Countywide System. 2. The Request must identify; A) those items for which the Requesting Agency is seeking disbursement which must be compliant with the requirements of FS 318.21(10), and B) evidence that the funding has been committed for those purchases (form to be executed will be provided). If the Agency is the MPSCC, it must also include the non-$12.50 funding sources for all equipment included the plan for which funding is requested and a copy of the agreement to be signed with the vendor to demonstrate that items for which disbursement is sought are included in the contract, and that there are no on -going obligations being assumed by the County as a result of the MPSCC contract .3. The Request must include , a maintenance plan which identifies who will be .responsible for the maintenance of the equipment purchased with distributed funds. The agency with responsibility for maintaining the equipment (Maintenance Agency) will be responsible for replacing the equipment, if, or when required. 4. The Request must identify the official of the Requesting Agency that has the ability to bind the Requesting Agency. 5. The Request must include an executed Equipment Use Agreement included as Attachment 1 to this Exhibit. The Request will be reviewed by the Facilities Development & Operations Dept which will determine compliance with the above. FD&O shall have 30 days to review the request at which time it will either be returned with a letter stating compliance or identifying the necessary modifications to bring the Request into compliance. Compliant requests of Participating Municipalities or the MPSCC will be approved by Facilities Development & Operations: If FD&O and the Requesting Agency are unable to agree on compliance, the request will be forwarded to an ad hoc group consisting of the County Administrator, the County Attorney, and the League's General Counsel for a final decision. p.g..s.f 7 FD&0 shall encumber the approved amount from the disbursement within the Participating Municipality or the individual municipality` (having assigned by resolution, their allocation to the MPSCC) portion of the $12.50 funds and provide a copy of the request and the approval letter to the Finance Department of the Clerk of the Circuit Court. The County will disburse to a Requesting Agency who is a Participating Municipality at any time during the calendar year, but in no case more frequently than semi-annually upon receipt of an invoice from the Requesting Agency specifying the amount of the disburseable costs incurred by the Requesting Party. If the Requesting Agency is the MPSCC, disbursements may be made at a frequency identified in its funding plan, but in no case more frequently than monthly. Disbursements shall be made within 21 days of receipt of a request for disbursement which meets the requirements of this Resolution. The total of all disbursements may not exceed the total of the Request. The first request for disbursement shall include a copy of any contract or purchase order against which the invoice is made. The County may reasonably request evidence that the invoice costs were actually incurred by the Requesting Agency and .that the labor, services or materials for which payment is being made are a part of the ICP System. Each request for disbursement must be signed by the authorized representative of the. Requesting Party certifying that the equipment has been received from the vendor and that such payment request is consistent with the approved Request. The request for disbursement may be in whatever format is acceptable to the Requesting Agency's Finance Department and is consistent with the terms of the Requesting Agency's contract or purchase order with the vendor. The Requesting Agency will be bound to the specifics (ie: type and quantity of equipment, timing, etc.) of the Request. Any modifications to the Request will require re -submittal to FD&O for written approval. rn,. 6 of 7 ATTACHMENT 1 TO EXHIBIT B EQUIPMENT USE AGREEMENT This Agreement applies to any and all equipment purchased with monies collected pursuant to 318.21(10) F.S.S. and placed in the $12.50 Intergovernmental Communications Fund ("$12.50 Fund'j. The term Agency refers to an entity which receives funds from the $12.50 Fund. A. The Agency will provide FD&O, at least 30 days prior to the installation of the asset, a list of all equipment purchased with $12.50 Fund monies. The list shall identify the asset by name, the purchase price of the asset, the work unit to which the asset is assigned. The County will provide the Agency with an asset number for each piece of equipment. The Agency will be responsible for tagging the equipment accordingly. The Agency may chose to have the County -tag the equipment and utilize the County's bar coding system if it chooses. B. By July 31" of each year, the Agency will provide the County with an inventory of the assets certified by the Agency Inventory Officer. The Agency Inventory Officer shall, at all times, comply with all requirements of any Statute governing local government fixed assets. The Agency Inventory Officer shall be (type name and position of Agency Inventory Officer). C. The term of this Agreement is a 30 year period or the life span of the equipment whichever is shorter. During the term of this Agreement, the Agency shall be responsible for maintenance of the equipment. D. In the event that the Agency determines that it is appropriate to surplus a piece of equipment prior to the thirty year period, the Agency will provide the County with the equipment that is to surpiused. Upon receipt of the equipment, the asset will be removed from the agencies inventory. The County shall dispose of the equipment. E. The Agency will use the equipment/purchases solely for uses allowed pursuant to the 318.21(10) F.S.S, and consistent with the approved Request for Funds. F. In the event that the Agency does not adhere to the terms of this Agreement, the County will provide notice and the Agency will have 30 days to cure the default. In the event that the default is not cured, the Agency shall be required to repay the monies disbursed from the $12.50 Fund within 30 days of the default. By signing below, the Agency agrees to abide by the terms of this Agreement. Witness Signature of Authorized Agency Representative Date Print Name and Title of Authorized Agency Representative Date of County Acknowledgment Signature of FD&O Director p.,. 7./ 7 ALPASSOCIATES city planning & zoning & lobbying • permitting • land development research MEMORANDUM TO: Village Council Members an ire Manager FROM: Jack Horniman, JLH Associa DATE: September 17, 2001 RE: Future Land Use Map/Comprehensive Flan Amendment — Rood Property Mr. Roy S. Rood and Patricia M. Rood, through their agent Gentile, Holloway, O'Mahoney, and Associates, Inc., are requesting a Residential Low Density (maximum 0-5 dwelling units/acre) land use designation on a parcel of land generally described as lying north of Riverside Drive; west of and adjacent to Tequesta Pines Subdivision; and west of and adjacent to the southern portion of Chapel Court Subdivision, containing 15.23 acres. This parcel was recently voluntarily annexed into Tequesta. The Residential Low Density use request is consistent with the prior county land use of LR-3 which allowed three (3) units per acre and up to four (4) units to an acre with a PUD. The eventual development of this parcel will be consistent with this density and will be of a similar land use density assigned to Tequesta Pines and Chapel Court, its adjacent subdivisions. The future land use request will require a change to the Future Land Use (FLU) Map. Because this parcel was recently annexed, the FLU Map will have to reflect the new municipal boundaries with the Residential Low Density designation. The entire FLU Map Series consisting of the General Soils Map, Flood Zone map, Coastal Zone and Conservation Map and Hurricane Surge Map will have to reflect the municipal boundary change as well. The proposed FLU request is consistent with the Goals, Objectives and Policies of the Village of Tequesta Comprehensive Plan. The State will review this request for consistency with the State Comprehensive Plan and the Treasure Coast Regional Planning Council (TCRPC) will review it for consistency with its Regional Policy Plan. The applicant has demonstrated that the impacts of this proposal will not adversely impact utilities and the road system in the Village. Attached to this application are letters from ENCON (sewer), the Palm Beach County Solid Waste Authority (solid waste), and the Village Utilities Department (water) indicating that there are adequate utility capacities to accommodate this proposal. Additionally, the Village Traffic Consultant has reviewed the potential impacts of this future land use and has determined that the traffic generated would be within the transportation level of service standards adopted in the Comprehensive Plan. The applicant's engineer has submitted a letter assuring that drainage requirements will be met and stormwater management standards will also be met. This Future Land Use/Comprehensive Plan amendment has been submitted to the Palm Beach County Intergovernmental Planning and Review Committee (IPARC) for its review. No adverse comments or objections have been received as of this date. It is recommended that the Village Council approve this proposed Future Land Use/ Plan Amendment application. W STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JEB BUSH Govemor November 13, 2001 The Honorable Geraldine A. Genco Mayor, Village of Tequesta P.O. Box 3273 Tequesta, F133469-0273 Dear Mayor Genco: STEVEN M. SEIBERT Secretary NOV ,. 200 i'141cl, tir The Department has conducted a preliminary review of the Village's proposed comprehensive plan amendment received on October 15, 2001, DCA Reference No. 02-1. The Department has determined that the proposed plan amendment need not be formally reviewed for consistency with Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code. In addition, the Department has not received any recommendation for review from the Treasure'Coast Regional Planning Council or any affected person regarding the proposed amendment. Therefore, the proposed amendment will not,be reviewed and the Objections, Recommendations and Comments report will be waived. The local government may proceed to immediately adopt the amendment. Please be advised that the Florida legislature amended Section 163.3184(8)(b), Florida Statutes, requiring the Department to provide a courtesy information statement regarding the Departments Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide this courtesy information statement, local governments are required by law to furnish to the r.--- --- — I- — „A ,,AA -a---- f'tl,o r;t;-yanc rPniiP4ztln4 t1h1c 1T1fr1rmatinn- This list is to be submitted at the time of transmittal of the adopted plan amendment. This letter should be made available for public inspection. If you have any questions, please contact Gerald Goosby, Planner 11, overseeing the review of the amendment, or me at (850) 922-1814. Sincerely, �/M � dot�j harles Gauthier, AICP Chief, Bureau of Local Planning CG/gg cc: Jeffery C. Newell, Director of Village Dept. of Community Development Michael J. Busha, Executive Director, Treasure Coast Regional Planning Council 2555 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http://www.dca.state.fl.us CRITICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANAGEMENT HOUSING & COMMUNITY DEVELOPMENT 2796 Overseas Highway suite 212 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard 2555 Shumard Oak Boulevard Marathon, PL 33050-2227 Tallahassee FL 32399-2100 Tallahassee. FL 32399 2100 Tallahassee. FL 32399-2100 „ter oa��dm rA5n\ dAA_9 SIn 18501413-9969 (850) 488-7956 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE ADOPTED VILLAGE COMPREHENSIVE PLAN, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINISTRATIVE CODE, APPLYING A RESIDENTIAL LOW DENSITY LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF RIVERSIDE DRIVE, WEST OF AND ADJACENT TO TEQUESTA PINES SUBDIVISION AND THE SOUTHERN PORTION OF CHAPEL COURT SUBDIVISION CONTAINING APPROXIMATELY 15.23 ACRES, PROVIDING FOR A REVISION TO THE VILLAGE'S FUTURE LAND USE MAP; PROVIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta has received an application for an amendment to the Future Land Use Element/Map of the Village Comprehensive Plan from the owner of real property more particularly described in Exhibit "A" attached; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment to the Comprehensive Plan, applying a future land use classification of "Residential Low" density to the subject property, has held a properly noticed public hearing, and has recommended adoption; and WHEREAS, the Village Council, pursuant to Chapter 163, Florida Statutes, has received the recommendation of the Local Planning Agency, has reviewed the proposed amendment, has held two properly noticed public hearings, and has found that the amendment furthers the public health, safety and welfare; is consistent with the requirements of Chapter 163, Florida Statutes, and Rules 9J-5, and 9J-11, Florida Administrative Code; and are consistent with other elements of the Village Comprehensive Plan, the Strategic Regional Policy Plan, and the State Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: SECTION 1.: INCORPORATION OF RECITALS The above recitals are incorporated as though fully set forth herein. SECTION 2.: FINDINGS The proposed Comprehensive Plan Amendment as more particularly described in Exhibit "A" is determined by the Village Council to be consistent with the public health, safety, and welfare, consistent with the requirements of Chapter 163, Florida Statutes, consistent with the requirements of Rules 9J-5 and 9J-11, Florida Administratvie Code, and consistent with all elements of the adopted Village Comprehensive Plan, Stratic Regional Policy Plan and State Comprehensive Plan. SECTION 3.: REPEAL OF INCONSISTENT ORDINANCE PROVISIONS All Ordinances or provisions thereof in conflict herewith are hereby repealed. SECTION 4.: SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance, for any reason, is held to be unconstitutional, void or otherwise invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby. SECTION 5.: EFFECTIVE DATE This Ordinance shall become effective when the Florida Department of Community Affairs issues a final order determining this Comprehensive Plan Amendment to be in compliance with the State Comprehensive Plan, Fflorida Statute Chapter 163 and Rules 9J-5/9J-11, Florida Administrative Code. READ AND APPROVED, on first reading by the Village Council on the 27th day of September, 2001. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember , and upon being put to a vote, the vote was as follows: MAYOR GERALDINE A. GENCO AYE NAY VICE MAYOR JOSEPH N. CAPRETTA AYE NAY COUNCILMEMBER BASIL E. DALACK AYE NAY COUNCILMEMBER RUSSELL J. VON FRANK -XviF NAY COUNCILMEMBER EDWARD D. RESNIK AYE NAY The Mayor thereupon declared the Ordinance duly passed and adopted this day of .2002. ATTEST: Mary Wolcott, Village Clerk W MAYOR OF TEQUESTA Geraldine Genco