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2157 Interlocal w/Seminole County for CAD system4, (� q 10 0 1 q 0 1 q , fa g -o �oD INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF SANFORD FOR CAD SYSTEM MOBILE SERVICES THIS INTERLOCAL AGREEMENT is made and entered into by and between SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Agreement referred to as "COUNTY," and CITY OF SANFORD, whose address is 300 N. Park Avenue, Sanford, Florida 32771, in this Agreement referred to as "CITY." The COUNTY and CITY constitute the parties to this Agreement and may be referred to singularly as "Party" or "party" and collectively as "Parties" or "parties." WITNESSETH: WHEREAS, Section 163.01, Florida Statutes (2018), 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, COUNTY operates an emergency communications center for receiving and dispatching fire and emergency medical alarms; and WHEREAS, COUNTY utilizes a Computer Aided Dispatch ("CAD") System to assist with dispatch calls and improve response times of the emergency first responders; and WHEREAS, CITY presently maintains a Fire Department with firefighting/emergency medical equipment and firefighting/emergency medical personnel; and WHEREAS, CITY utilizes the COUNTY's CAD System to help with emergency response; and Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 1 of 9 WHEREAS, COUNTY will provide, maintain, provide standardized mounting hardware, and provide end of useful life refresh for CITY Mobile Computing Devices and Mobile Vehicle Routers/Gateways with cellular service in support of CAD standardized vehicle dispatch; and WHEREAS, it is in the best interest of the citizens of Seminole County and the City of Sanford that the Parties cooperate in providing emergency service communications to enhance the quality of fire and emergency medical services and provide them in a more efficient and cost effective manner. NOW, THEREFORE, for and in consideration of the promises, mutual covenants and agreements contained in this Agreement by and between the parties and for the mutual benefit of COUNTY and CITY, and their respective citizens, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Section 2. Definitions. The following definitions apply to this Agreement: (a) "Mobile Computing Devices" - A computerized device used in emergency apparatus to aid in the dispatch and routing for emergency response. (b) "Mobile Vehicle Routers/Gateways" - A mobile broadband device used in emergency apparatus to connect the Mobile Computing Device to the cellular network. (c) "Computer Aided Dispatch System" or "CAD" - A computing system used to initiate, track, and dispatch emergency services. Section 3. COUNTY Responsibilities. (a) Provide CITY with equipment and support for Mobile Computing Devices and Mobile Vehicle Routers/Gateways. Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 2 of 9 (b) Submit an annual invoice to CITY on October 1 of each year for the charges coming due during that fiscal year. The invoice will consist of line item charges comprising the cost of providing the services, including but not limited to routine maintenance and emergency repairs, data transport services, etc. (c) Review and update the information provided in Exhibit A annually to ensure charges are accurate and appropriate and to reflect any changes to counts or costs. (d) Provide CITY with a new Exhibit A within 15 days of any changes. (e) All new charges due to change in Exhibit A shall be appropriately prorated to reflect the date of the change. (f) Review Exhibit A annually to ensure charges are accurate and appropriate. (g) COUNTY shall provide support in accordance with current resolution timeframes consistent with County Fire Department technology equipment support. Section 4. CITY Responsibilities. (a) CITY shall pay the required charges as specified in Exhibit A of this Agreement for the Mobile Computing Devices and Mobile Vehicle Routers/Gateways provided to the CITY. (b) CITY shall pay the invoice within 60 days of the date of the invoice. (c) CITY shall immediately inform COUNTY if any of the items are broken or stolen. (d) CITY shall be responsible for the replacement cost of any lost, stolen, or damaged property caused by CITY's negligence. CITY shall not be responsible for normal wear and tear of equipment. (e) CITY shall ensure proper care and use of the equipment. Within thirty (30) days after termination of this Agreement, CITY shall return any Mobile Computing Devices and Mobile Vehicle Routers/Gateways in CITY's possession to COUNTY. Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 3 of 9 (f) CITY shall only use the equipment for the intended purpose of Computer Aided Dispatch. (g) CITY shall work with COUNTY to make CITY personnel available for required training on systems and software consistent with the training of COUNTY personnel. Section 5. Insurance Requirements. Each party shall maintain adequate insurance coverage to protect its own interests and obligations under this Agreement. Section 6. Indemnification. Each party to this Agreement, its officers, employees, and agents do not assume and specifically disclaim any liability for the acts, omissions, or negligence of the other party, its officers, employees, or agents, arising from or related to this Agreement except as otherwise provided by this Agreement or any other agreement between the parties. Section 7. Employee Status. Persons employed by CITY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of COUNTY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees either by operation of law or by COUNTY. Persons employed by COUNTY in the performance of services and functions pursuant to this Agreement are deemed not to be the employees or agents of CITY, nor do these employees have any claims to pensions, worker's compensation, unemployment compensation, civil service, or other employee rights or privileges granted to CITY's officers and employees either by operation of law or by CITY. Section 8. Notice. Any notice delivered with respect to this Agreement must be in writing and will be deemed to be delivered (whether or not actually received) when (i) hand - Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 4 of 9 delivered to the persons designated below, or (ii) when deposited in the United States Mail, postage prepaid, certified mail, return -receipt requested, addressed to the person at the address for the party as set forth below, or such other address or to such other person as the party may have specified by written notice to the other party delivered according to this section: As to COUNTY: Network & Communications Services Manager Fire Chief Information Services Department Seminole County Fire Department 1101 E. First Street 150 Eslinger Way Sanford, Florida 32712 Sanford, Florida 32773 As to CITY: . ' d- /-Z7- Section 9. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 10. Parties Bound. This Agreement is binding upon and inures to the benefit of CITY and COUNTY, and their successors and assigns. Section 11. Conflict of Interest. (a) The parties shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the other party or that would violate or cause third parties to violate the provisions of Part III, Chapter 112, Florida Statutes (2018), as this statute may be amended from time to time, relating to ethics in government. Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 5 of 9 (b) Each party hereby certifies that none of its officers, agents, or employees have any material interest (as defined in Section 112.312(15), Florida Statutes (2018), as this statute maybe amended from time to time, as over 5%) either directly or indirectly, in the business of the other party to be conducted here, and that no such person will have any such interest at any time during the term of this Agreement. (c) Each party has the continuing duty to report to the other party any information that indicates a possible violation of this Section. Section 12. Dispute Resolution. Either party to this Agreement may notify the other party that it wishes to commence formal dispute resolution with respect to any unresolved problem under this Agreement. The parties agree to submit the dispute to a Florida Certified Circuit Court Civil Mediator for mediation, within sixty (60) days following the date of this notice. In the event that any dispute cannot be resolved by mediation, it may be filed as a civil action in the Circuit Court of the Eighteenth Judicial Circuit of Florida, in and for Seminole County, Florida, which, as provided in Section 9 above, is the sole venue for any such civil action. The parties further agree that any such action will be tried to the Court, and the parties hereby waive the right to jury trial as to such action. Section 13. Entire Agreement. (a) It is understood and agreed that the entire agreement of the parties is contained in this Agreement, which supersedes all oral agreements, negotiations, and previous agreements between the parties relating to the subject matter of this Agreement. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement will be valid only when expressed in writing and duly signed by both parties, except as otherwise specifically provided in this Agreement. Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 6 of 9 Section 14. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party. Section 15. Severability. If any provision or application of this Agreement to any person or circumstance is held invalid, then it is the intent of the parties that the invalidity will not affect other provisions or applications of this Agreement that can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are declared severable. Section 16. Public Records Law. (a) CITY and COUNTY acknowledge each other's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be amended from time to time, to release public records to members of the public upon request. CITY and COUNTY acknowledge each other is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes (2018), as this statute may be amended from time to time, in the handling of the materials created under this Agreement and that this statute controls over the terms of this Agreement. (b) Failure to comply with this Section will be deemed a material breach of this Agreement, for which the non -breaching party may terminate this Agreement immediately upon written notice to the breaching party. Section 17. Equal Opportunity Employment. CITY and COUNTY shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CITY and COUNTY shall take steps to ensure that applicants are employed, and employees are treated equally during employment, without regard to race, color, religion, sex, age, disability, or national origin. Equal Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 7 of 9 treatment includes, but is not limited to, the following: employment; upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Section 18. Counterparts. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, constitutes an original, but all counterparts together constitute one and the same instrument. Section 19. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret, or construe any provision of this Agreement. Section 20. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective unless contained in a written document executed with the same formality and of equal dignity with this Agreement; provided, however, no formal amendment is required for mere changes or substitutions of designated contact persons in Section 8, above, or for changes contemplated herein to Exhibit A. Section 21. Effective Date. The Effective Date of this Agreement will be the date when the last party has properly executed this Agreement as determined by the date set forth immediately below the respective signatures of the parties. Section 22. Term. The term of this Agreement is one year from the Effective Date and will automatically renew for another term on each subsequent anniversary of the Effective Date, unless either party elects to terminate this Agreement, which either party may do at any time by providing 30 days' written notice to the party pursuant to Section 8 above. Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 8 of 9 IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. ATTEST: TRACI HOUCHIN, City, •y • }• r AT T;* 4 - ,....,� Gi�"'NT4AA Y,,,- C'�'•to *e 13 a# -'off Coy ftv' omuf ii sl wo of For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney Date BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA-_ Mk�, Chairman ua,`/ ZCM �-I1a1►�j As authorized for execution by the Board of County Commissioners at its D.0emb4l 2019, regular meeting. DWM 9/18/2019 TAUsers\dmorrell\My DocumentsTublic Safety\fire Dept\Interlocal for CAD Laptop (sanford).docx Attachments: Exhibit A — Schedule of Service Charges Interlocal Agreement between Seminole County and City of Sanford for CAD System Mobile Services Page 9 of 9 EXHIBIT "A" — SCHEDULE OF SERVICE CHARGES CAD SYSTEM MOBILE SERVICES INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND CITY OF SANFORD Schedule of Mobile Services Charges Service Type: Mobile Computing Devices (MCD) Charge per year per MCD: $1,524 MCD Count: 18 Total Annual MCD Charges: $27,432 Service Type: Mobile Vehicle Routers/Gateways (MVR) Charge per year per MVR: TBD MVR Count: TBD Total Annual MVR Charges: TBD Total Annual MCD and MVR Charges: $27,432 Approved By: -Date: �4 Cli A. Patterson