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Res 52-06 (" /~ RESOLUTION NO. 52-06 A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF BOCA RATON FOR COORDINATED OPPOSITION TO PALM BEACH COUNTY'S FUNDING OF COUNTY-WIDE FIRE RESCUE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the County operates the County's fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton and Delray Beach contend that the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton, Delray Beach and other municipalities in Palm Beach County operate their own independent dispatch systems or contract with another governmental entity that provides fire rescue dispatch services (the same type of services that the County Dispatch System provides); WHEREAS, Boca Raton, Delray Beach and other municipalities have not utilized, and do not intend to utilize, the County Dispatch System; WHEREAS, the County, on September 30, 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, the County, on September 22, 2005, approved its budget for the 2006 Fiscal Year, which provided that approximately $8.8 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within Boca Raton, Delray Beach and other municipalities do not utilize or derive any benefit from the County Dispatch System; (' /'~ WHEREAS, the County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in Boca Raton, Delray Beach and other municipalities (who are already paying their respective municipality to provide the same services); WHEREAS, the County's scheme indirecdy forces cities to give up the traditional municipal service of fire-rescue dispatch through economic coercion and therefore is in violation of Article VIII, ~4 of the Florida Constitution; WHEREAS, the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII ~1(h) of the Florida Constitution and Section 125.01(6) and (1), Florida Statutes; WHEREAS, Boca Raton and Delray Beach on September 30, 2005, filed a lawsuit in Palm Beach County Circuit Court (Case No. 2005 CA 009338 :xxxx MB AE) (the "Litigation") against the County challenging the County's use of countywide revenues to fund the County Dispatch System; WHEREAS, in or around January 2006, numerous municipalities intervened 10 the Litigation (the "Intervening Cities"); WHEREAS, it is of mutual benefit to the residents of the Boca Raton, Delray Beach and the Intervening Cities to coordinate their efforts in prosecuting their claims in the Litigation; WHEREAS, on October 15, 2003, Boca Raton and Delray Beach entered into an "Agreement Between City of Boca Raton and City of Delray Beach, Coordinated Opposition to Palm Beach County's Proposed Ordinance Mandating County-Wide Fire Rescue and Dispatch Services" (the "Original Agreement"); and WHEREAS, Boca Raton and Delray Beach desire to enter into a new Agreement which will supercede and replace the Original Agreement in its entirety. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA: Section 1. That the Mayor and City Clerk be authorized to execute the new agreement with the City of Delray Beach, a copy of which is attached hereto. Section 2. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2 RES. NO. 52-06 (" Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this 1 st day of August, 2006. CITY OF DELRA Y BEACH, FLORIDA By: ~7-~ ATTEST: ~ ~.\)~ City Clerk 3 RES. NO. 52-06 DELRAY BEACH f l 0 JI: IDA tIaI:II All-America City " II J! CITY CLERK [IT' OF DELRAY IEA[H 100 NW, 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243- 7000 1993 2001 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 52-06, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 1st day of August, 2006. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 3rd day of August, 2006. ~~.~~ Chevelle D. Nubin City Clerk, CMC City of Delray Beach, Florida (SEAL) * Printed on Recycled Paper THE EFFORT ALWAYS MATTERS [IT' OF DELRA' IEA[H ~~ CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE' DELRAY BEACH, FLORIDA 33444 TELEPHONE: 561/243-7090' FACSIMILE: 561/278-4755 DELRAY BEACH ~ Ail-America City , III I! DATE: 1993 TO: Writer's Direct Line: 561/243-7091 MEMORANDUM July 27, 2006 City Commission 2001 FROM: Susan A. Ruby, City Attorney SUBJECT: Resolution and Interlocal Aqreement for Fire Dispatch Case The City of Delray Beach and the City of Boca Raton are jointly sharing expenses under a previous Agree.ment and would like to continue to do so under this Agreement except that the City of Delray Beach and Boca Raton will also be paying any costs expected to be incidental for the intervening cities. This Agreement was passed by Boca Raton on July 26,2006. By copy of this memorandum to David Harden, City Manager, I am requesting that this Resolution and Interlocal Agreement be placed on the August 1, 2006 City Commission agenda. ~ Attachment <1.( RESOLUTION NO. 52-06 A RESOLUTION OF THE CITY OF DELRA Y BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CI1Y OF BOCA RATON FOR COORDINATED OPPOSITION TO PALM BEACH COUNTY'S FUNDING OF COUNTY-WIDE FIRE RESCUE DISPATCH SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING AN EFFECTIVE DATE. WHEREAS, the County operates the County's fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton and Delray Beach contend that the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton, Delray Beach and other municipalities in Palm Beach County operate their own independent dispatch systems or contract with another governmental entity that provides fire rescue dispatch services (the same type of services that the County Dispatch System provides); WHEREAS, Boca Raton, Delray Beach and other municipalities have not utilized, and do not intend to utilize, the County Dispatch System; WHEREAS, the County, on September 30, 2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, the County, on September 22, 2005, approved its budget for the 2006 Fiscal Year, which provided that approximately $8.8 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within Boca Raton, Delray Beach and other municipalities do not utilize or derive any benefit from the County Dispatch System; WHEREAS., the County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in Boca Raton, Delray Beach and other municipalities (who are already paying their respective municipality to provide the same services); WHEREAS, the County's scheme indirecdy forces cities to give up the traditional municipal service of fire-rescue dispatch through economic coercion and therefore is in violation of Article VIII, ~4 of the Florida Constitution; WHEREAS, the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII ~1 (h) of the Florida Constitution and Section 125.01 (6) and (7), Florida Statutes; WHEREAS, Boca Raton and Delray Beach on September 30, 2005, filed a lawsuit in Palm Beach County Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against the County challenging the County's use of countywide revenues to fund the County Dispatch System; WHEREAS, in or around January 2006, numerous municipalities intervened 111 the Litigation (the "Intervening Cities"); WHEREAS, it is of mutual benefit to the residents of the Boca Raton, Delray Beach and the Intervening Cities to coordinate their efforts in prosecuting their claims in the Litigation; WHEREAS, on October 15, 2003, Boca Raton and Delray Beach entered into an "Agreement Between City of Boca Raton and City of Delray Beach, Coordinated Opposition to Palm Beach County's Proposed Ordinance Mandating County-Wide Fire Rescue and Dispatch Services" (the "Original Agreement"); and WHEREAS, Boca Raton and Delray Beach desire to enter into a new Agreement which will supercede and replace the Original Agreement in its entirety. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the Mayor and City Clerk be authorized to execute the new agreement with the City of Delray Beach, a copy of which is attached hereto. Section 2. If any section, subsection, clause or provision of this resolution is held invalid, the remainder shall not be affected by such invalidity. Section 3. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2 RES. NO. 52-06 Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Commission of the City of Delray Beach this _ day of ,2006. CITY OF DELRA Y BEACH, FLORIDA By: ATfEST: Mayor City Clerk 3 RES. NO. 52-06 AGREEMENT Between CITY OF BOCA RATON and CITY OF DELRA Y BEACH COORDINATED OPPOSITION TO PALM BEACH COUNTY'S FUNDING OF COUNTY-WIDE FIRE RESCUE AND DISPATCH SERVICES This is an Agreement made and entered into by and between the CITY OF BOCA RATON, a municipal corporation located in Palm Beach County, Florida, and organized and existing under the laws of the State of Florida ("Boca Raton"). AND CITY OF DELRA Y BEACH, a municipal corporation located in Palm Beach County, Florida, and organized and existing under the laws of the State of Florida ("Delray Beach"). WITNESSETH: WHEREAS, the County operates the County's fire rescue dispatch system (the "County Dispatch System") to handle all incoming 911 calls from the County's unincorporated areas (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton and Delray Beach contend that the County Dispatch System is a service and/or program that has been rendered specifically for the benefit of the property and or residents in unincorporated areas of the County (and from municipalities that contract to use the County Dispatch System); WHEREAS, Boca Raton, Delray Beach and other municipalities in Palm Beach County operate their own independent dispatch systems or contract with another governmental entity that provides fire rescue dispatch services (the same type of services that the County Dispatch System provides); WHEREAS, Boca Raton, Delray Beach and other municipalities have not utilized, and do not intend to utilize, the County Dispatch System; WHEREAS, the County, on September 30,2004, approved its budget for the 2005 Fiscal Year, which provided that approximately $3.2 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, the County, on September 22,2005, approved its budget for the 2006 Fiscal Year, which provided that approximately $8.8 million of countywide revenues will be utilized to fund the County Dispatch System; WHEREAS, such general funds consist of County revenue derived from all of the County's residents even though the residents and properties within Boca Raton, Delray Beach and other municipalities do not utilize or derive any benefit from the County Dispatch System; WHEREAS, the County's Dispatch System is duplicative and does not provide a real and substantial benefit to the taxpayers in Boca Raton, Delray Beach and other municipalities (who are already paying their respective municipality to provide the same services); WHEREAS, the County's scheme indirectly forces cities to give up the traditional municipal service of fire-rescue dispatch through economic coercion and therefore is in violation of Article VIII, 94 of the Florida Constitution; WHEREAS, the funding of the County's Dispatch System through countywide revenues amounts to double taxation in violation of Article VIII 91 (h) of the Florida Constitution and Section 125.01(6) and (7), Florida Statutes; WHEREAS, Boca Raton and DeIray Beach on September 30, 2005, filed a lawsuit in Palm Beach County Circuit Court (Case No. 2005 CA 009338 XXXX MB AE) (the "Litigation") against the County challenging the County's use of countywide revenues to fund the County Dispatch System; WHEREAS, in or around January 2006, numerous municipalities intervened in the Litigation (the "Intervening Cities"); WHEREAS, it is of mutual benefit to the residents of the Boca Raton, Delray Beach and the Intervening Cities to coordinate their efforts in prosecuting their claims in the Litigation; WHEREAS, in October 2003, Boca Raton and Delray Beach entered into an "Agreement Between City of Boca Raton and City of Delray Beach, Coordinated Opposition to Palm Beach County's Proposed Ordinance Mandating County-Wide Fire Rescue and Dispatch Services" (the "Original Agreement"); and WHEREAS, Boca Raton and Delray Beach desire to enter into this new Agreement which will supercede and replace the Original Agreement in its entirety. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promIses, covenants, and payment hereinafter set forth, the Intervening City agrees as follows: I. The Original Agreement is hereby terminated, superceded and replaced in its entirety by this Agreement. 2. Boca Raton is hereby designated the "Lead Agency" and shall, after notice and consultation with Delray Beach, make all strategic decisions regarding the Litigation, shall serve as liaison to the Firm (as defined below) and shall keep Delray Beach and the Intervening Cities informed as to the status of the Litigation. To the extent reasonably practicable, the Lead Agency will notify, through e-mail or fax, the City Attorney (or other designated person) of Delray Beach of any strategic operational decisions at least two days before implementing the decision to allow the City Attorney (or other designated person) time to provide input to the Lead Agency. In addition, to the extent reasonably practicable, the Firm will distribute, through e- mail or fax, to the City Attorney (or other designated person) of Delray Beach all pleadings, dispositive motions and other important Court filings. 3. The law firm of Weiss Serota Helfman Pastoriza Cole & Boniske, P.A. (the "Firm") shall represent the Lead Agency, Delray Beach and, as set forth below, some or all of the Intervening Cities, in the Litigation, pursuant to its agreement with the Lead Agency, and shall hire all necessary consultants and lobbyists (subject to approval by the Lead Agency) to accomplish the goals set forth above (the "Representation"). The Firm's invoices, and invoices for all other Litigation Expenses, shall be submitted to, and paid by, the Lead Agency on a monthly basis. The Lead Agency shall prepare an invoice for 43% of the Litigation Expenses which shall be submitted to, and paid by, Delray Beach on a monthly basis. 4. The "Litigation Expenses" shall include all attorneys' fees and costs charged by the Firm, consultant fees, lobbyist fees and out of pocket expenses, and shall include the costs incurred by the Firm in providing representation to any of the Intervening Cities that request, and are approved for, such representation, as set forth in paragraph 5. 5. Any of the Intervening Cities that desire to have the Firm represent it in the Litigation may submit a written request to the Lead Agency and the Firm for such representation in the form attached as Exhibit "A." If such request is approved by the City Attorney of the Lead Agency and the Firm, then the Firm shall appear as co-counsel for the Intervening City (with the Intervening City's City Attorney remaining as co-counsel for that Intervening City) and shall represent that Intervening City in all aspects of the Litigation, the cost for which shall be included in the Litigation Expenses (and paid for by the Lead Agency and Delray Beach). From time to time, the Firm may request that the City (and the City's Attorney) participate and assist the Firm in its representation of the City in the above-referenced lawsuit as to issues that are specific to that City (i.e., discovery addressed to the particular City). The City (including its City Attorney or City Attorney's designee) shall agree to fully participate and assist the Firm to the best of its ability. Failure to do so may result in the Firm terminating its representation of the City. 6. This Agreement may be terminated by any party, upon a thirty (30) day written notice given by the terminating party to the other party. IN WITNESS HEREOF, the parties hereto have made and executed this Agreement on respective dates under each signature: CITY OF BOCA RATON, signing by and through its Mayor (or other authorized individual), authorized to execute same on this _ day of _' 2006, CITY OF DELRA Y BEACH, signing by and through its Mayor (or other authorized individual), authorized to execute same on this _ day of _, 2006, and CITY OF , signing by and through its Mayor (or other authorized individual), duly authorized to execute same. ATTEST: CITY OF BOCA RATON By: Mayor _ day of ,2006. Approved as to form by Office of City Attorney By: ATTEST: CITY OF DELRA Y BEACH By: Mayor _ day of ,2006. Approved as to form by Office of City Attorney By: