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INTERLOCAL AGREEMENT 20
FOR INTEROPERABLE COMMUNICATIONS EQUIPMENT -
REGIONAL TELECOMMUNICATIONS GATEWAY SYSTEM
FOR FLORIDA RDSTF REGION FIVE
This Interlocal Agreement , hereinafter referred to as the "Agreement , " is
made and entered into by and between the following government entities .
Brevard County , Florida , a political subdivision of the State of Florida ,
whose address is 2725 Judge Fran Jamieson Way , Building " C " , Viera , Florida
32940 , hereinafter referred to as " Brevard County ; "
County of Volusia , Florida , a political subdivision of the State of Florida ,
whose address is 123 W . Indiana Avenue , Deland , Florida 32720 , hereinafter
referred to as "Volusia County ; "
Indian River County , Florida , a political subdivision of the State of Florida ,
whose address is 1801 27th St . , Vero Beach , Florida 32960 , hereinafter referred
to as " Indian River County , "
Lake County , Florida , a political subdivision of the State of Florida , whose
address is 315 West Main Street , Tavares , Florida 32778 , hereinafter referred to
as " Lake County ; " and
The State of Florida , Department of Management Services , Bureau of
Public Safety , whose address is 4030 Esplanade Way , Tallahassee , Florida
32399 , hereinafter referred to as " Florida DMS " .
The entities listed above shall be referred to jointly as the " Participants " .
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WITNESSETH :
WHEREAS , the Participants listed above enter into this Agreement to
participate in the Public Safety Interoperable Communications ( PSIC ) Grant
Program Award administered through the State of Florida , the US Department of
Commerce ' s National Telecommunications and Information Administration
( NTIA) in consultation with the Department of Homeland Security ( DHS ) ,
hereinafter referred to as the " Grant " ; and
WHEREAS , the Participants shall implement the Grant in compliance with
applicable terms and conditions and uniform administrative rules as set forth in
28 CFR Part 66 ; and
WHEREAS , the Grant is intended to enhance and increase infrastructure
equipment in Region 5 to provide a Regional Telecommunications Gateway
System ( hereinafter referred to as the " RTGS " ) to bridge the Participants and
other Public Safety entities encompassed within the geographic area of Region
5 ; and
WHEREAS , the Participants to this Agreement agree to provide in - kind
matching funds for any equipment , materials or services received from this
Grant ; and
WHEREAS , the State of Florida received the Grant Authorization Notice
( GAN ) from the Department of Homeland Security ( DHS ) , releasing FORTY-
TWO MILLION EIGHT HUNDRED EIGHTY - EIGHT THOUSAND TWO
HUNDRED SIXTY - SIX DOLLARS ( $ 42 , 888 , 266 . 00 ) of which the Brevard County
Board of County Commissioners is granted ONE MILLION FOUR HUNDRED
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FIFTY - EIGHT THOUSAND FIVE HUNDRED SIXTEEN DOLLARS
( $ 1 , 458 , 516 . 00 ) [of which TWO HUNDRED NINETY- ONE THOUSAND SEVEN
HUNDRED THREE AND 20/ 100 DOLLARS ( $ 291 , 703 . 200 is local match ] for
regional partnering on interoperable communications ; and
WHEREAS , the Brevard County Board of County Commissioners has
approved said application and acceptance of the Grant on September 2 , 2009
through contract with the State of Florida ; and
WHEREAS , the Participants recognize that the use of said funds for the
development of an RTGS within Florida RDSTF Region 5 shall enhance the
overall security and safety of the citizens of the State of Florida and more
specifically the citizens and public safety officers of Region 5 ,
NOW , THEREFORE , in consideration of the mutual benefits , covenants
and promises contained herein , the Participants agree as follows :
Section 1 . Recitals. The foregoing recitals are true , correct and
material and are incorporated herein as part of this Agreement .
Section 2. Authority. This Agreement is entered into pursuant to the
Florida Interlocal Cooperation Act in Section 163 . 01 , Florida Statutes ,
Section 3. Purpose. The purpose of this Agreement is to enhance and
increase infrastructure equipment in Region 5 to provide a RTGS encompassing
the geographic area of Region 5 to ensure that all emergency first responders
can coordinate , communicate and share vital information between jurisdictions
and agencies who may be called upon to respond to emergencies and natural or
man made disasters .
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Section 4. Joint Obligations. The Participants to this Agreement
acknowledge and agree to the following joint obligations .
a . All Participants who receive equipment , hardware , software or other
materials necessary to the creation and maintenance of a RTGS agree to provide
in - kind matching funds towards the purchase of said items in accordance with
the terms and conditions of the Grant . These in - kind funds include but are not
limited to equipment , shelter space , utilities , network integration , and Project
management . The total Project in - kind submission shall be equal to or exceed at
least twenty-five percent ( 25 % ) of the total Project valuation .
b . All Participants shall comply with the requirements of the Grant
including the " Contract Number : 9 - DS - 31 - 06 - 15 - 01 FEDERALLY- FUNDED
SUBGRANT AGREEMENT " entered into by the State of Florida , Division of
Emergency Management and the Brevard County Board of County
Commissioners , attached hereto and incorporated herein as " Exhibit A " , as well
as all local , state or Federal rules and regulations which may be imposed upon
the Participants in exchange for their participation in this program , including but
not limited to the uniform administrative rules set out in 28 CFR Part 66 .
C , E -VERIFY . If the requirements of the E -Verify system of the U . S .
Department of Homeland Security ( " E -Verify System " ) are applicable to the
Participants , the Participants warrant that they have duly enrolled in the E -Verify
System ) and are a party to a memorandum of understanding authorizing use of
that system . The Participants shall utilize the E -Verify System , in accordance
with the terms governing use of the system , to confirm the eligibility of all
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persons , including vendors , contractors and subcontractors , assigned by the
Participants to perform all work pursuant to the Contract . Further , the Participants
shall take all additional necessary steps identified and required by the E -Verify
System for the Participants to remain compliant with Executive Order 11 - 02
( " Executive Order" ) dated January 4 , 2011 , for the term of this Agreement and
any amendments thereto . As such , the Management Committee shall ensure
that all Participants include in their contracts with vendors or contractors
performing work in connection with their RTGS Project a covenant that if the
vendor or contractor is found in violation of the E -Verify requirements of the
Executive Order , such violation shall be a material breach of their contract with
the vendor or contractor and shall indemnify , defend and hold harmless the
applicable Participant from any fines or penalties levied by a government agency ,
including the loss or repayment of grant funds received by the such Participant .
Section 5. Equipment.
a . The ownership , disposal , and transfer of equipment , hardware ,
software or other materials provided through this Grant shall be controlled in
accordance with the Grant .
b . Each Participant shall be considered to be the owners/managers of
said equipment upon receipt by the respective Participant and shall be
responsible for maintenance , inventory , and usage of the equipment in
accordance with the provisions of the Grant and the regulations of the U . S .
Department of Homeland Security ( DHS ) , as administered through the State of
Florida .
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c . When the Grant is closed out by the State of Florida , Division of
Emergency Management , the Participants agree that title and control of the items
provided to each individual Participant through the Grant , and for which the
Participant has provided in - kind matching funding , shall vest in said individual
Participant to the extent permitted by the Grant , and Brevard County shall
provide the State of Florida , Division of Emergency Management , and all
participating parties with a letter detailing the official transfer of the equipment to
the receiving agencies .
d . All Participants shall comply with the specified requirements
established by the Grant and the U . S . Department of Homeland Security ( DHS ) ,
as administered through the State of Florida , for the transfer of title .
Section 6. Maintenance and Use of Equipment.
a . All maintenance and repairs for equipment received by a Participant
through the monies allotted under this Grant shall be the responsibility of the
individual Participant who receives the equipment under the Grant .
b . The Participants agree that they shall use the equipment to establish a
RTGS as a regional resource for Mutual Aid between the Participants and
Region 5 first responder agencies to be used collectively at no cost to the users ,
and Participants shall use all reasonable means to ensure the continued
operation of the RTGS for the life of the equipment .
c . The Participants agree to leverage their existing network or capabilities
to provide connectivity to the Brevard County gateway equipment enabling a
cooperative and collaborative network for all radio system users . The design for
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connectivity is as generally detailed in the RTGS Description , attached hereto
and incorporated herein as " Exhibit B " .
Section 7. Fiscal Obligations .
a . The Participants agree to report specifics with respect to in kind
matching funds to Brevard County during the course of the Grant period , and
shall provide such documentation as may be required by the Management
Committee ( as provided for in Section 9 herein ) to detail the match amount
contributed by the respective reporting Participant and such information as
Brevard County requires in order to submit any reports required by the Grant .
b . Brevard County shall facilitate the ordering of the Participant ' s
equipment and shall process the paperwork necessary to pay for the equipment
and to seek reimbursement through the Grant .
c . Brevard County shall prepare and submit quarterly financial records as
required by the Grant .
Section 8. Procurement or Acquisition Processes.
a . All Participants agree that all equipment for this Project shall be
acquired through Brevard County and that the decision of the Brevard County
Project Manager , in accordance with established purchasing procedures , shall be
the final decision on the procurement of equipment , hardware , software or other
materials in accordance with the Grant .
b . The Participants shall receive equipment , hardware , software or other
materials as generally detailed in the equipment list by agency as identified in the
attached Exhibit B . The Participants agree that final equipment lists may vary
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slightly as a result of information provided by vendors or due to other unforeseen
circumstances and /or the final Design Review with the vendor .
c . Any payments or disputes over payment shall be resolved and
governed in accordance with the Florida Prompt Payment Act , Sections 218 . 70
through 218 . 80 , Florida Statutes ( 2010 ) .
Section 9. Management Committee
a . The Management Committee shall be established to review the
procurement process and make recommendations to Brevard County on issues
surrounding the procurements made in furtherance of the RTGS .
b . The Chair of the Management Committee shall be the Brevard
County Radio Systems Manager .
C , Each Participant shall assign a representative to the Management
Committee to represent its interests and to assist with the coordination and
implementation of the Grant and the RTGS .
Section 10. Participants ' Employees . Participants may assign or direct
specific employees to participate in , or assist with planning , coordinating and
training activities associated with the implementation of the RTGS . Any
Participant ' s employee assigned to , or providing planning , coordination , or
instructional/training services as part of this Grant , shall at all times remain the
employee of his/ her respective Participant , and such employees shall remain
subject to the rules and regulations , policies , procedures , orders , directives , etc . ,
of their respective Participant . Each Participant shall retain full responsibility for
compensation , insurance , benefits , logistical support , liability , and all other
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employer/employee related matters associated with any Participant ' s employee
so assigned . A non - participating County may be invited by the Management
Committee to participate in or assist with planning , coordinating , and training
activities associated with the implementation of the RTGS at the sole discretion
of the Management Committee .
Section 11 . Acceptance. Final acceptance of the Project by the
Participants shall be contingent upon successful completion of the Harris Corp .
Functional Test Procedures for Florida Region V . A copy of the procedure is
attached hereto and incorporated herein as Exhibit " C " . This procedure lists
specific functionality for the RTGS which must be demonstrated by the Vendor
prior to closeout .
Section 12. Entire Agreement. This Agreement forms and constitutes
the entire agreement between the Participants and no other agreements ,
whether oral or written , shall be deemed to exist with regard to the specific
subject matter of this Agreement . None of the provisions , terms and conditions
contained in the Agreement may be added to , deleted , modified , superseded or
otherwise altered , except by written amendment executed by parties hereto .
Section 13. Termination , Any Participant may terminate its participation
in this Agreement upon providing thirty ( 30 ) days notice in writing to the other
Participants to this Agreement . In such event , this Agreement shall be of no
further force and effect as to Participant which is terminating participation . In the
event a Participant decides to terminate this Agreement , all equipment received
by that Participant through this Grant shall be offered to another County within
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Region 5 by the Management Committee with an amendment to this Agreement .
In the event that no recipient is found for the equipment , it shall be disposed of or
retained in accordance with the guidelines established by the Grant or other
appropriate Federal authority .
Section 14. Indemnity and Insurance.
a . Each Participant to this Agreement is responsible for all personal
injury and property damage attributable to the negligent acts or omissions of that
respective Participant , and its officers , employees and agents , arising out of this
Agreement to the extent provided by Section 768 . 28 , Florida Statutes ( 2010 ) .
b . The Participants further agree that nothing contained hereinm shall
be construed or interpreted as denying to any Participant any remedy or defense
available to such parties under the laws of the State of Florida , nor as a waiver of
any governmental entity ' s sovereign immunity , beyond the waiver provided for in
Section 768 . 28 , Florida Statutes ( 2010 ) .
C , The waiver of a provision herein by a Participant shall not constitute
the future waiver of said provision or the waiver of any other provision .
d . Nothing herein shall be intended to give any Participant the right to
bind or otherwise contract for or on behalf of any other participant to this
Agreement or the U . S . Department of Homeland Security Office .
Section 15. Binding Effect. This Agreement shall be binding upon and
inure to the benefit of each of the Participants hereto and their respective
successors in interest , transferees and assigns .
Section 16. Assignment. No Participant shall assign any portion of this
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Agreement without the written permission of the other parties or the approval of
the Management Committee ,
Section 17. Public Records . In conjunction with this Agreement and
pursuant to Chapter 119 , Florida Statutes ( 2010 ) , the Participants shall each
comply with the Florida public records laws and its exemptions .
Section 18. Records and Audits. The Participants shall maintain in
their places of business any and all books , documents , papers , and other
property and equipment pertaining to work performed under this Agreement .
Such records shall be available at the Participants ' places of business at all
reasonable times during the term of this Agreement and for as long as such
records are maintained thereafter . Such records shall be available to all
Participants at the Participant ' s place of business in compliance with the Florida
public records laws and generally accepted accounting and auditing principles
and shall be produced upon request by Brevard County , the State of Florida ,
and /or the U . S . Department of Homeland Security office during regular business
hours for Grant tracking and auditing purposes .
Section 19. Term and Effective Date. The Participants hereby agree
that this Agreement shall become effective on the date this Agreement is
executed in full , by all appropriate agency representatives of all the named
Participants herein , and end five ( 5 ) years from the date the Grant is closed out
or the system is fully operational , whichever is later .
Section 20. Notices.
a . Whenever the Participants desire to give notice , notice shall be
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sent to :
Brevard County Board of County Commissioners
ATTN : Lesley Lewis , Radio Systems Manager
1746 Cedar St .
Rockledge , Florida 32955
Lake County Board of County Commissioners
ATTN : Greg Holcomb , Public Safety Communications Manager
315 West Main Street
Tavares , Florida 32778
County Council of County of Volusia
ATTN : Bill Clausen , Information Technology Activity Manager —
Communications
123 West Indiana Avenue
Deland , Florida 32720
Indian River County Board of County Commissioners
ATTN : John King , Public Safety Director
1801 27th Street
Vero Beach , Florida 32960
State of Florida , Department of Management Services
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ATTN : Bruce Meyers , SLERS System Manager
4030 Esplanade Way
Tallahassee , Florida 32399
b . The Participants may change by written notice as provided herein
the addresses or persons for receipt of notices or invoices as
described herein . All notices shall be effective upon receipt .
Section 21 . Compliance with Laws and Regulations. In performance
of this Agreement , the Participants shall abide by all laws , statutes , ordinances ,
rules and regulations pertaining to , or regulating the performance set forth herein ,
and as set forth in the Anti - Lobbying Act , 18 U . S . C . Section 1913 and 31 U . S . C .
Section 1352 , including those now in effect and hereafter adopted . Any violation
of said laws , statutes , ordinances , rules or regulations shall constitute a material
breach of this Agreement and shall entitle the non -violating party to terminate this
Agreement immediately upon delivery of written notice of termination to the
violating party .
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INDIAN RIVER COUNTY , through its BOARD OF COUNTY
COMMISSIONERS , signed by and through its Chairman , authorized to execute
same by Board action on this 16th day of August , 2011 .
INDIAN RIVER COUNTY
ATTEST : 6 � C Board of County Commissioners
' Indian County , Florida
,GO "NSY. CO �
� do
o � . • J .K . BARTON ;* ; ' •. s.
CLERK CIRCUIT G4UR ' 7aac-��-P °2
Clerk Chairman , Bob Solari
This 16 day of August , X11 .
F�CNTY Of
QUC
'd rift on a Is
'd rift I
Approved Approved as to form and content .
_I �L
C unty Administrator Coun Attorne
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BREVARD COUNTY , through its BOARD OF COUNTY
COMMISSIONERS , signed by and through its Chair , authorized to execute same
by Board action on this lst day of November 2011 .
BREVARD COUNTY
ATTEST : Board of County Commissioners
Brevard County , Florida
/ 1 . o
r/au i e S . Ric 'e Robin Fis er , hairman
Chief Deputy Clerk
This I day OrIWL` ' eVA 2011 .
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i
i
Passed and Adopted this '23 day of 2411
BOARD OF COUNTY COMMISSIONERS
LAKE COUNTY, FLORIDA
Jen6iferJWNairman
CThisay of 20t l
I
ATTEST.
1
i
Neilell CI k of the
Boar of County Comm sia ers
of Lake County, Florida
App as form d I gality :
Sanford A. Minkoff
County Attorney
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COUNTY OF VOLUSIA , through its County Council of Volusia County ,
Florida , signed by and through its Chair , authorized to execute same by County
Council action on this a 1 day of 3d 4 2011 .
W COUNTY OF VOLUSIA
� � � 1
�x� , BY : COUNTY COUNCIL OF
JIF
it ' VOLUSIA COUNTY , FLORIDA
_ ATTE
IF 11
I een , County Manager Frank T . Bruno , Jr . ,
County Chair
This , day of � w � 2011 .
fiG
FF . IF
Approved to form and content :
IF
County Attorney
� (SEAL)
STATE OF FLORIDA
Department of Management Services .
ATTEST :
Witness
This day of 12011
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