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Home My WebLink About2004-170 Michael Zqa - Indian River Region 5 Interoperable Grant52604 .doc Page 1 r j J STATE.; '� ldy9/�",`� �� f, INS@N^ 'I1ERmCOUNIWy �. ' ® 70 p . ,� • 6 tint, . TF3KIS TO CERTIFY TItAPTWIS IS ,. UE AND CORRK�.aC550Y OF 71 ,RIGINAL Ott gIT ' � y ^P7i ! IS INTERLOCAL AGREEMENT FOR "" � " �, •� ��" INTEROPERABLE COMMUNICATIONS EQUIPMENT � ` JEFFRYuK' RM ` , CLERK . FOR REGION FIVE BY A "'` •c• DATE This Interlocal Agreement, hereinafter referred to as "Agreement , " is made and entered into by and between the Sheriffs Office of Orange County, Florida , whose address is 2500 West Colonial Drive , Orlando , Florida 32804 , hereinafter referred to as "OCSO ," Orange County, Florida , a political subdivision of the State of Florida , whose address is 201 South Rosalind Avenue , Orlando , Florida 32801 , hereinafter referred to as "Orange County ; " Brevard County, Florida , a political subdivision of the State of Florida , whose address is 700 South Park Avenue , Titusville , Florida 32780 , hereinafter referred to as " Brevard County; " Indian River County , Florida , a political subdivision of the State of Florida , whose address is 4055 41st Avenue , 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 ; " Martin County, Florida , a political subdivision of the State of Florida , whose address is 2401 Southeast Monterey Road , Stuart , Florida 34997 , hereinafter referred to as " Martin County; " Osceola County, Florida , a political subdivision of the State of Florida , whose address is 1 Courthouse Square , Kissimmee , Florida 34741 , hereinafter referred to as "Osceola County ;" Seminole County , Florida , a political subdivision of the State of Florida , whose address is 1101 East 1st Street, Sanford , Florida 32771 , hereinafter referred to as "Seminole County; " St . Lucie County , Florida , a political subdivision of the State of Florida , whose 1 Michael Zito - Indian River Re ion 5 Intero erable Grant52604 .doc . , Pa e2 Y address is 2300 Virginia Avenue , Fort Pierce , Florida 34982 , hereinafter referred to as "St. Lucie County; " and Volusia County, Florida , a political subdivision of the State of Florida , whose address is 123 West Indiana Avenue , Deland , Florida 32720 , hereinafter referred to as "Volusia County. " The entities listed above shall be referred jointly as the "Participants . " WITNESSETH : WHEREAS , by this Agreement, the Orange County Sheriffs Office and the Counties listed above do hereby agree to participate in the U . S . Department of Justice , Office of Community Oriented Policing Services (COPS ) , Interoperable Communications Technology Grant Award hereinafter referred to as the "Grant" and shall implement the grant in compliance with applicable grants terms and conditions and uniform administrative rules as set forth in 28 CFR Part 66 . WHEREAS , the COPS Interoperable Communications Technology Grant is intended to enhance and increase Region 5's infrastructure equipment to provide five common mutual aid channels , 800mhz and VHF , encompassing the nine Region 5 counties listed herein , and WHEREAS , the various participants to this Agreement recognize and agree to provide 25 percent matching funds for any equipment , materials or services received from this Grant ; and WHEREAS, the Grant was awarded on September 1 , 2003 , and the Orange County Board of County Commissioners has approved said application and acceptance of the Grant on December 16 , 2003 . 2 Michael Zito - Indian River Re ion 5 Intero erable Grant52604 .doc Pa e 3 r , WHEREAS , the Participants believe that the use of said funds for the development of an Interoperable Communications system in Region 5 shall enhance the overall security and safety of 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 parties agree as follows : Section 1 . Preamble Incorporated. The foregoing recitals are true and correct and are incorporated herein as part of this Agreement. Section 2. Authority. This Agreement is entered into pursuant to the Florida Interlocal Cooperation Act , Chapter 163 , Part 1 , Florida Statutes (2003 ) . Section 3. Purpose. The purpose of this Agreement is to enhance and increase Region 5's infrastructure equipment to provide five common mutual aid channels , 800mhz and VHF , encompassing the nine Region 5 counties listed herein , to ensure that emergency first responders can coordinate , communicate and share vital information between jurisdictions and agencies who may be called upon to respond to natural or man made disasters . 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 an interoperable communications system agree to provide matching funds of at least 25% towards the purchase of said items in accordance with the terms and conditions of the Grant. 3 Michael Zito Indian River Region 5 Inter( erable Grant52604 . doc Pa e 4 b . All Participants shall comply with the requirements of the Grant, including but not limited to the "Conditions of COPS Interoperable Communications Technology Grant Award " (attached hereto 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. Each County shall ensure that a copy of this Interlocal is filed with the Clerk of the Circuit Court for their respective county in accordance with section 163 . 01 ( l 1 ), F . S . within ten business days of the agreement being executed by the Parties . 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 . The Participants shall be considered to be the owners / mangers of said equipment upon its receipt by them and shall be responsible for maintaining , inventorying and using the equipment in accordance with the provisions of the Grant and the U . S . Department of Justice COPS Office . C , When the Grant is closed out by the U . S . Department of Justice COPS office , 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 25 % matching funding , shall vest in said individual Participant to the extent permitted by the Grant and the Sheriff of Orange County shall provide 4 Michael Zito - Indian River Region 5 Intero erable Grant52604 . doc Pa e 5 J the DOJ / COPS office(s ) and all participating parties with a letter detailing the official transfer of the equipment to the receiving agencies . d. All Participants will comply with United States Department of Justice administrative requirements for subsequent transfers of title involving equipment funded from grant proceeds . Section 6. Maintenance and Use of Equipment. a . All maintenance and repairs for this equipment shall be the responsibility of the individual Participant who receives the equipment and pays the 25 % matching funding required by the Grant . b . The Participants agree that they will use the equipment to establish an interoperable communications system between the Participants and Region 5 and they will use all reasonable means to ensure the continued operation of said system for the life of the equipment. Section 7. Fiscal Obligations. a . The Participants agree to transfer their matching funds to the Orange County Sheriffs Office upon receipt of their equipment and/or services . b . The Orange County Sheriffs Office will facilitate the ordering of the Participant' s equipment and will process the paperwork necessary to pay for the equipment and to seek reimbursement through the Grant . c. The County Comptroller' s Office shall prepare and submit quarterly financial records as required by the Grant . 5 L.Milchael Zito Indian River Region 5 Intero erable Grant52604. doc Pa e 6 Section 8. Procurement or Acquisition Processes. a . All Participants agree that all equipment for this project will be acquired through the Orange County Sheriffs Office and that the Sheriff shall be the final decision maker on the procurement of equipment, hardware , software or other materials in accordance with the Grant. b . The Participants will receive equipment , hardware , software or other materials as generally detailed in the "Combined Equipment List" attached hereto as Exhibit "A" . The Participants agree that final equipment lists may vary slightly as a result of information provided by vendors or due to other unforeseen circumstances . c. Any payments or disputes over payment shall be resolved and governed in accordance with the Prompt Payment Act and s . 218 . 70 , F . S . Section 9. Management Committee and Dispute Resolution Procedure a. The Management Committee shall be chaired by the Project Director who shall be designated by the Orange County Sheriff' s Office. b. Each Participant shall assign a representative to the Management Committee to assist with the coordination and implementation of the Grant and the Interoperable Communications System. C, In the event that the Parties to this Agreement have a dispute which requires resolution they agree to be comply with the following procedures : a. The aggrieved Party(s) shall request a meeting of the Committee and shall 6 Michael Zito - Indian River Re ion 5 Intero erable Grant52604 .doc present the issue for discussion at the next scheduled meeting or at any special meeting called for that purpose . b . The Project Manager shall mediate any such dispute, however in the event Orange County is a party to the dispute, the aggrieved parties shall select a third person to act as Mediator. C, Any resolution of a dispute between the Parties , shall not conflict with, alter or breach any of the terms and conditions of this Agreement, the Grant provisions or the rules and regulations of the Department of Justice. All such resolutions shall be reviewed by the sub-Grantee who must approve them prior to their being implemented. d. Any costs incurred in the dispute resolution procedure shall be equally bome by the involved parties . d. The Management Committee will review the procurement process and may make recommendations to the Sheriff and the Purchasing Office on issues surrounding the procurements made in furtherance of the Interoperable Communications System. 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 Interoperable Communications System , 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 7 Michael Zito - Indian River Re ion 5 Intero erable Grant52604 . doc a e8 Participant, Each Participant shall retain full responsibility for compensation , insurance , benefits , logistical support, liability, and all other employer/employee related matters associated with any Participant's employee so assigned . Section 11. Entire Agreement. This Agreement forms and constitutes the entire Agreement between the Participants and no other Agreements or 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 , superceded or otherwise altered , except by written amendment executed by parties hereto . Section 12. Termination . This Agreement may be terminated and of no further force and effect upon 30 (thirty) days notice in writing by any party to this Agreement to the other Participants to this Agreement. In the event one ( 1 ) of the Participants decides to terminate this Agreement, all equipment received by that Participant through this grant shall be disposed of or retained in accordance with the guidelines established by the Department of Justice or other appropriate Federal authority. Section 13. 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 arising out of this Agreement of that party and the officers , employees and agents thereof to the extent provided by s . 768 . 28 , F . S . b . The Participants further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such 8 Machael �ifio - Indian River Re ion 5 Intero erable Grant52604 . doc .Page 9 t parties under the laws of the State of Florida , -nor as a waiver of any governmental entities sovereign immunity, beyond the waiver provided for in Section 768 . 28 , Florida Statutes . c. The waiver of a provision herein by either Participant shall not constitute the further 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 and the U . S . Department of Justice COPS Office . Section 14. Binding Effect. This Agreement shall be binding upon and insure to the benefit of the Participants hereto and the successors in interest , transferees and assigns of the parties . Section 15. Assignment. This Agreement shall not be assigned by any Participant without the prior written approval of any other. Section 16. Public Records. In conjunction with this Agreement and pursuant to Chapter 119 , Florida Statutes , the Participants shall each comply with the Florida public records laws , and its exemptions . Section 17. Records and Audits. The Participants shall maintain in its 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 9 Michael Zito - Indian River Re ion 5 Intero erable Grant52604 . doc Pa a 10 with the Florida public records laws and generally accepted accounting and auditing principles and shall be produced upon request by the U . S . Department of Justice COPS office during regular business hours . Section 18. Discrimination. The Participants agree that no person shall be excluded on the grounds of race , color, creed , national origin , handicap , age or sex, from participation in , denied the benefits of, or be otherwise subjected to discrimination or sexual harassment in any activity pursuant to this Agreement. Section 19. Ethics. The Parties agree that they shall not engage in any activities which in any way could result in any ethical violation , including Chapter 112 , Florida Statutes , nor shall any moneys derived from this Agreement be used for the purpose of lobbying the legislature in violation of Florida State law or local ordinance . Any such violations shall be considered a breach of the terms and conditions of this Agreement. Section 20. Venue. Any litigation occurring as a result of or due to this Agreement shall be located in the courts of Orange County Florida . Section 21. Terms. 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 years from the date the Grant is closed out or the system is fully operational , whichever is later. Section 22. Notices. a . Whenever the Participants desire to give notice it must be sent to : Orange County Sheriffs Office Orange County Public Safety Attn : Jeffrey C . Templeton Communications Fiscal Management Attn : Marilyn Ward 10 Mich� aei Ztito Indian River Re iori 5 Intero erable Grant52604 . doc Pae 11 2500 West Colonial Dr, 3511 Parkway Center Ct . Orlando , Florida 32804 Orlando , Florida 32808 Ph : 407 254-7156 Ph : 407 836-9668 b . The person (s ) designated to receive notice on behalf of each county is listed in Exhibit B . c. 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 23. 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. SHERIFF ' S OFFICE OF SHERIF ' , OFF16 OF INDIAN RIVER COUNTY, FLORIDA O f E°64 O,U,N Y, FLORIDA ByBRoy Raymond a SheriKeary as Sh , iff S A N BOARD OF COUNTY COMMISSIONERS M By : PATRICIA M � � a r Chairman Clerk to the Board of County C 11missioners Indian River County, Florida Date : 7 / 20 / 04 11 • • ' - • • • • . • - t52604 . doc . Page 121 For the Use and Reliance of As authorized for execution by the Board • Indian River • only • unty Commissioners at their 1 2004 regular meeting , CountyA ed . o fj;qn gal sufficiency. •