AGENDA CITY OF COCONUT CREEK MEETING OF AUGUST 29, 2013

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1 BECKY TOOLEY MAYOR AGENDA CITY OF COCONUT CREEK LISA K. ARONSON VICE MAYOR LOU SARBONE COMMISSIONER MIKKIE BELVEDERE COMMISSIONER SANDRA L. WELCH COMMISSIONER MEETING OF AUGUST 29, 2013 MARY C. BLASI INTERIM CITY MANAGER PAUL S. STUART CITY ATTORNEY NANCY A. COUSINS ASSISTANT CITY ATTORNEY BARBARA S. PRICE CITY CLERK CITY COMMISSION MEETINGS TIME: Second and fourth Thursdays of the month at 7:00 p.m. PLACE: Government Center, 4800 West Copans Road

2 I. WHO MAY SPEAK GENERAL RULES AND PROCEDURES CITY OF COCONUT CREEK CITY COMMISSION MEETINGS Meetings of the City Commission are open to the public. They are not, however, open public forums. Any person who wishes to address the Commission on any subject within the scope of the Commission's authority may do so, provided it is undertaken in an orderly manner and in accordance with the. procedures outlined below: A) Speaking on Items on the Agenda: 1. Consent Age,nda Items. Items placed on the Consent Agenda are voted on as a group and are not discussed individually. However, any Commissioner may request the removal of any item from the Consent Agenda, which then will be voted upon individually, thereby allowing discussion on that item. If an item is not removed from the Consent Agenda, there shall be no public discussion on that item. 2. Regular Agenda Items. Items placed on the Regular Agenda are voted upon individually and are considered by the Commission generally in the order presented in the Agenda. The Mayor will allow persons to be heard on items requiring a formal public hearing and has the discretion to allow persons to be heard on Regular Agenda items that do not require a public hearing (see below). 8) Speaking on Subjects not on the Agenda: A resident may address the Commission on subjects that are not on the Agenda during the period of time designated as Input from Residents of Coconut Creek. The Mayor has the discretion to allow non-residents to be heard on non-agenda items during that time. C) Speaking at Public Hearings: Members of the public may participate in public hearings and be heard regarding a specific Agenda item. The Mayor will announce the opening of the public hearing and call upon persons who have signed the sheet available on the table as one enters the Commission Chambers. Persons also may be recognized by raising their hand at the time indicated by the Mayor. D) Quasi-Judicial Proceedings: Certain Agenda items are quasi-judicial in nature. Generally they are items related to land use matters. Quasi-judicial proceedings require persons to be sworn in before addressing the Commission and they may be subject to cross-examination by the Applicant. Comments of persons refusing to submit to cross examination will not be considered by the City Commission in its final deliberation. II. ADDRESSING THE COMMISSION, MANNER, TIME The length of time each person may speak is limited in the interest of keeping order and conducting the business at hand. Individuals will be limited to three (3) minutes' speaking time. All comments or questions by a person are to be directed only to the Mayor as presiding officer. There shall be no cross conversations or questions of any other persons, including City staff. Persons wishing to address the Commission shall raise their hands until acknowledged by the Mayor. Once acknowledged, they shall come forward, clearly state their name and address, and speak to the Commission, using no more than three (3) minutes. Anyone wishing to speak a second time on the same subject matter first must receive express permission from the Mayor. III. DECORUM If a person attending a City Commission meeting exhibits unruly or threatening behavior or the use of profanity, the Mayor has the authority to order their removal from the Commission Chambers, which may be done by the Police Department, if necessary. If excessive unruliness occurs, the Mayor has the authority to recess or adjourn the meeting.

3 AGENDA FOR CITY COMMISSION MEETING NO DATE/TIME: August 29,2013 7:00 P.M. Regular Special ~ Workshop LOCATION: Coconut Creek Government Center 4800 West Copans Road Coconut Creek, Florida NOTE: The Special Commission Meeting will take place in the Public Meeting (P&Z) Room. 1. Call Meeting to Order 2. Roll Call 3. MOTION TO ADOPT an ordinance authorizing the Mayor to execute a Lease Agreement between the City and Broward County for the Regional E-911 communications system to be located in the City-owned building at 4900 West Copans Road, Coconut Creek, Florida. (ORDINANCE NO SECOND READING) (PUBLIC HEARING) 4. MOTION TO ADOPT a resolution authorizing the City Manager to execute an Agreement and Exhibit A, Regional Interlocal Agreement, between the City and Broward County, which Agreements provide for the City to participate in the Consolidated Regional E-911 Communications System. (RESOLUTION NO ) S. ADJOURNMENT NOTE: If any person, firm, or corporation decides to appeal any decisions made by the above City Commission with respect to any matter considered at such meeting or hearing, they will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence, if any, upon which the appeal is to be based. (F.S S) In accordance with the Americans with Disabilities Act, any person with a disability who requires assistance to participate in said meeting may contact the City Clerk's Office at at least three (3) days prior to said meeting.

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5 AGENDA ITEM REPORT DATE: August 29, 2013 ITEM:. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY FOR THE NORTHEAST CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM TO BE LOCATED IN THE CITY-OWNED BUILDING AT 4900 WEST COPANS ROAD, COCONUT CREEK, FLORIDA. (ORDINANCE NO ) (SECOND READING) (PUBLIC HEARING) SUMMARY: Ordinance No was passed on first reading on August 12th. Broward County has undertaken to consolidate Emergency 911 operations in three regional locations. In addition to locations in Pembroke Pines and Sunrise, Coconut Creek was selected to be the northern regional provider. Our regional center will provide dispatch services to the cities of Coconut Creek, Margate, Parkland, Pompano Beach, Deerfield Beach, North Lauderdale, Tamarac, Lighthouse Point and Hillsboro Beach. In order to accommodate the County, a lease for a portion of the new City-owned building at 4900 W. Copans Road is necessary. The lease calls for specific areas to be exclusively for the use of the County (4,735 sq. ft.), and shared areas such as bathrooms, break room, hallways and entrances. (1,885 sq. ft.) The lease amount for the first year is $113,861. A multi-year calculation of payments is included in Exhibit B. Attached please also find a Powerpoint presentation of the implementation process of the Consolidated E-911 Communication System. DEPARTMENT: City Manager

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7 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED LEASE WITH BROWARD COUNTY, FLORIDA, FOR THE NORTHERN CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM TO BE LOCATED IN THE CITY OWNED BUILDING AT 4900 WEST COPANS ROAD, COCONUT CREEK, FLORIDA; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Broward County has requested to lease space at the City-owned building located at 4900 West Copans Road, Coconut Creek, Florida, for the northern Consolidated Regional E-911 Communications system; and WHEREAS, the City Commission of the City of Coconut Creek finds it to be in the best interest of the citizens of the City to lease such space to Broward County; FLORIDA: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COCONUT CREEK, Section 1: That Broward County has requested to lease space in the Cityowned building located at 4900 West Copans Road, Coconut Creek, Florida, for the northern Consolidated Regional E-911 Communications System, and the City Commission finds and determines that it is in the best interest of the citizens of the City to lease such space to Broward County. Section 2: That the Mayor is hereby authorized to execute said Lease Agreement between the City and Broward County attached hereto and made a part hereof on behalf of the City. Section 3: That in the event any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby affected.

8 Section 4: That all Ordinances or parts of Ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 5: That this Ordinance shall be in full force and effect immediately upon it passage and adoption. PASSED FIRST READING THIS 12th DAY OF August,2013 PASSED SECOND READING THIS DAY OF, 2013 Attest: Rebecca A. Tooley, Mayor Barbara S. Price, MMC City Clerk Tooley Aronson Sarbone Belvedere Welch Aye Aye Aye Aye Aye \\pdc\data\city attorney\ncousins\documents\city manager\911 mstu\ordinance leasing space to broward county docx

9 LEASE AGREEMENT between CITY OF COCONUT CREEK and BROWARD COUNTY for LEASE OF REAL PROPERTY FOR A 911 EMERGENCY DISPATCH CENTER (ALSO KNOWN AS PUBLIC SAFETY ANSWERING POINT "PSAP")

10 TABLE OF CONTENTS Paragraph No. 1. Description, Term, Renewals, and Rent 2. Parking Facilities 3. Use of Premises 4. Utilities and Other Services 5. Alterations and Improvements 6. Hold-Over by Tenant 7. Subletting 8. Surrender upon Termination 9. Default and Termination 10. Damage to Premises 11. Inspection 12. Fire or Other Casualty 13. Repairs 14. Maintenance 15. Waiver 16. Sovereign Immunity 17. Certificates of Self-Insurance 18. Environmental Contamination 19. Radon Gas 20. Notices 21. Prior Agreements 22. Jurisdiction, Venue, and Waiver of Jury Trial 23. Independent Contractor 24. Third Party Beneficiaries 25. Compliance with Laws 26. Materiality and Waiver of Breach 27. Severance 28. Taxes and Assessments 29. Warranties 30. Joint Preparation 31. Amendments 32. Time of the Essence and Time Periods 33. Priority of Provisions 34. Multiple Originals 35. Other Provision

11 LEASE AGREEMENT This LEASE ("Lease") is made by and between the CITY OF COCONUT CREEK, a Florida municipal corporation ("LANDLORD"), and BROWARD COUNTY, a political subdivision of the State of Florida, by its Board of County Commissioners ("TENANT"). WIT N E SSE T H: In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. DESCRIPTION, TERM, RENEWALS, AND RENT: LANDLORD hereby leases unto TENANT approximately six thousand six hundred twenty (6,620) square feet at the address of 4900 West Copans Road, situate in the City of Coconut Creek, County of Broward, State of Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof ("Premises"), for the initial term of five (5) years commencing on the 1 st day of October, 2013 ("Commencement Date"), and terminating on the last day of September, The term of this Lease may be extended, at the option of TENANT, acting through its County Administrator, and upon the written consent of LANDLORD, acting through its City Manager or duly authorized designee, for up to five (5) successive renewal term(s) of five (5) years each for up to a total of twenty-five (25) additional years. Such option to extend shall be exercised by TENANT giving written notice by certified U.S. mail to LANDLORD not less than six (6) months prior to the expiration of the then existing term. LANDLORD shall have a period not to exceed thirty (30) days ("Notice Period") from receipt of TENANT's notice to send written notice as to whether or not LANDLORD consents to the extension. Failure of the LANDLORD to timely respond shall be deemed a consent to the extension of the Lease. LANDLORD's notice shall be deemed timely if postmarked within the Notice Period. Each renewal term shall be for five (5) years, and shall be upon the same terms and conditions as provided in this Lease for the initial term except that the rent shall be as described in the attached Exhibit "B," attached hereto and made a part hereof. The total rental value for the term of the Lease, plus five additional renewal terms exercised pursuant to this Section, shall be Four Million Six Hundred Nineteen Thousand One Hundred Thirty-Nine Dollars and Ninety-Two Cents ($4,619,139.92), lawful money of the United States, which TENANT covenants to pay to LANDLORD or its duly authorized designee, payable in equal monthly installments as set forth in Exhibit "B," attached hereto and made a part hereof, in advance, without demand, and on the first day of each month during said term, at LANDLORD's office located at 4800 West Copans Road, Coconut Creek, FL 33063, or at such other place as may be designated in writing by LANDLORD to TENANT. 1

12 If LANDLORD provides to TENANT documentation at the conclusion of any term of this Lease which reasonably demonstrates to TENANT that the future rental amounts to be paid by TENANT pursuant to Exhibit "8" are insufficient to pay for LANDLORD's actual costs for maintaining and leasing the Premises to TENANT pursuant to the Lease terms, LANDLORD and TENANT agree to enter into good faith negotiations for a Lease amendment to establish a new rent schedule. 2. PARKING FACILITIES: LANDLORD warrants that it will provide adequate parking facilities on the Premises to accommodate TENANT, TENANT's Operator for the Consolidated Regional E- 911 Communication System ("Operator"), and TENANT's and Operator's clients, contractors, employees, invitees, and guests. 3. USE OF PREMISES: TENANT and TENANT's Operator may use and occupy the Premises for operation of the 911 Emergency call dispatch operations, also known as Public Safety Answering Point ("PSAPs"), or for ancillary purposes related thereto. TENANT agrees that its use of the Premises will comply with the terms of the Management Control Agreement previously entered into between LANDLORD and TENANT. LANDLORD acknowledges that TENANT's and TENANT's Operator's use of the Premises will be around the clock, twenty-four (24) hours per day, three hundred sixty-five (365) days per year, and LANDLORD acknowledges that TENANT and TENANT'S Operator shall have full access and use of the Premises at all times. As a result of such special use, LANDLORD agrees that the Premises shall include an Uninterruptible Power System (UPS) and a backup building generator, which LANDLORD agrees to maintain in accordance with manufacturer specifications to ensure equipment is in good working order at all times. In the event a defect to the UPS and backup building generators are detected, LANDLORD agrees to repair the defect(s) of the equipment, at its expense, within 24 hours. If LANDLORD is unable to repair the UPS or backup building generator within the time frame specified, TENANT, with written approval from LANDLORD, shall have the option of making the repairs and shall be reimbursed by LANDLORD for actual costs incurred TENANT acknowledges that during periods of declared emergencies as authorized by Florida law which exceed 24 hours, TENANT shall be responsible for the delivery and furnishing of fuel for its use to power the UPS and backup building generator. In the event any portion of TENANT fuel is also utilized by LANDLORD, LANDLORD shall promptly reimburse TENANT for its share of TENANT fuel based on its pro-rata use of the building in which the Premises are located. TENANT agrees that its contract with the Operator and any sublessee shall require that no nuisance or hazardous trade or occupation shall be permitted or carried on, in, or upon the Premises; no act or thing shall be permitted, and nothing shall be kept in or about the Premises, which will increase the risk of hazard of fire; no waste shall be permitted or committed upon, or any damage done, to the Premises; 2

13 and TENANT and TENANT's Operator shall not use or occupy, or permit the Premises to be used or occupied, in any manner that will violate any laws or regulations of any governmental authority. TENANT shall require its Operator to conform to and comply with the terms of this Lease. 4. UTILITIES AND OTHER SERVICES: TENANT shall be responsible for paying the actual costs for security badging of TENANT and Operator's personnel having access to the Premises. TENANT shall be responsible for paying its pro-rata share of the actual cost for telephone lines, computer lines, PBX cables, and broadband utilized by TENANT. As for the Premises, the following utilities, services, and expenses shall be paid by the party identified: LANDLORD TENANT HVAC unit maintenance, repair and replacement Air Conditioning filter maintenance and replacement, routinely when needed Electricity Janitorial services and supplies Light bulb and lamp/light fixture replacement Exterior building Parking Lot Maintenance: Pest control (as needed): Plumbing Security Alarm Systems Trash Removal Water and sewer service X X X X X X X X X X X X In the event there is a conflict between the Regional Interlocal Agreement (RILA) and this Lease with respect to the use of the Premises, equipment, or utility 3

14 services, the Lease shall prevail over the RILA. 5. ALTERATIONS AND IMPROVEMENTS: 5.1 Structural Changes: TENANT may make structural alterations or improvements to the Premises which are necessary to facilitate the TENANT's use of the Premises as a 911 Emergency call dispatch operations center with LANDLORD'S written consent which shall not be unreasonably withheld or delayed. If consent is granted by LANDLORD, TENANT shall first request that LANDLORD make those structural alterations or improvements by mutual agreement and at TENANT's expense. If the parties are unable to come to a mutual agreement with respect to LANDLORD making the structural alterations or improvements, then TENANT shall have the option of making those structural alterations or improvements approved by LANDLORD at TENANT's own expense. All structural alterations or improvements to the Premises shall be the exclusive property of LANDLORD and shall remain on the Premises upon the termination or expiration of this Lease, TENANT and LANDLORD agree to establish a value of any alteration or improvement for LANDLORD's insurance purposes. 5.2 Non-Structural Changes: Notwithstanding the above, TENANT may make nonstructural alterations or improvements which are necessary to facilitate the TENANT's use of the Premises as a 911 Emergency call dispatch center to the Premises without seeking consent from LANDLORD. All non-structural alterations or improvements to the Premises shall be considered personalty and remain the exclusive property of TENANT unless TENANT and LANDLORD agree otherwise in writing, and TENANT, at TENANT's expense, shall remove all such property from the Premises upon the termination or expiration of this Lease; provided, however, that the Premises be restored to its original condition, normal wear and tear excepted. 6. HOLD-OVER BY TENANT: TENANT, with the approval of LANDLORD, may hold-over and remain in possession of the Premises after the expiration of this Lease, and in no event shall such hold-over be deemed or construed to be a renewal or extension of this Lease, but shall only operate to create a month-to-month tenancy upon the same terms and conditions as are set forth in this Lease. This month-to-month tenancy may be terminated by either party at the end of any month upon ninety (90) days' prior written notice by certified U.S. mail to the other. Double rent shall not be charged under this Section 7. SUBLETTING: TENANT may sublet all or portions of the Premises for the remainder of the term with the written approval of LANDLORD, which approval LANDLORD shall not unreasonably delay, provided that the Premises continues to be used as permitted 4

15 by Section 3 above. Should TENANT sublease the Premises, TENANT shall remain secondarily liable under the Lease in the event the sublessee defaults. TENANT shall include in any sublease agreement a requirement that sublessee complies with, and is subject to, all terms of this Lease. In the event that this Lease is sublet to a private entity, sublessee shall be subject to LANDLORD's standard insurance requirements for private lease agreements. In the event a sublease causes the Premises to be subject to any tax, the TENANT agrees to include a term in the sublease agreement that requires the sublessee to be responsible for payment of the tax. 8. SURRENDER UPON TERMINATION: TENANT agrees that upon termination of this Lease, TENANT will peaceably surrender and deliver the Premises to LANDLORD, its agents, or assigns. TENANT further agrees that it will leave the Premises in the condition existing on the Commencement Date, subject to reasonable wear and tear during the term of this Lease, and subject to Section 5 above, and that a representative of LANDLORD shall' be allowed to inspect the Premises to determine if the Premises is in such condition. 9. DEFAULT AND TERMINATION: TENANT may terminate this Lease for cause, and/or may seek damages, specific performance, injunctive relief, or any other remedy available at law or in equity, if LANDLORD breaches this Lease (by, for example, repeatedly - whether negligently or intentionally - failing to perform its obligations under this Lease, failing to maintain the Premises, or failing to make timely repairs as set forth in this Lease) and if LANDLORD (a) fails to correct the breach within thirty (30) days after written notice from TENANT identifying the breach, or, (b) in the event the breach is not correctable within thirty (30) days, fails to commence correcting or diligently pursuing correction of the breach within thirty (30) days after written notice from TENANT identifying the breach. TENANT or LANDLORD may terminate this Lease for convenience upon not less than three hundred sixty five (365) days written notice. LANDLORD may terminate this Lease for cause and/or may seek damages, specific performance, injunctive relief, or any other remedy available at law or in equity, if TENANT, TENANT's Operator or TENANT's sublessee breaches this Lease (by, for example, repeatedly - whether negligently or intentionally - failing to perform its obligations under this Lease) and if TENANT (a) fails to correct the breach within thirty (30) days after written notice from LANDLORD identifying the breach, or, (b) in the event the breach is not correctable within thirty (30) days, fails to commence correcting or diligently pursuing correction of the breach within thirty (30) days after written notice from LANDLORD identifying the breach. For purposes of this section, "cause" shall include, but not be limited to, failure to pay; TENANT, 5

16 TENANT's Operator's or TENANT's sublessee's inappropriate utilization of shared space; any use by TENANT, TENANT's Operator or TENANT's sublessee outside an ancillary use (e.g. using the Premises to dispatch for or County's bus system). In the event of a termination by Landlord for cause, Tenant shall receive three hundred sixty five (365) days' notice to vacate the Premises. 10. DAMAGE TO PREMISES: TENANT agrees that all of TENANT's, TENANT's operator and TENANT's sublessee's personal property placed on the Premises shall be at the risk of TENANT. TENANT shall give LANDLORD, prompt written notice of any damage to, or defect in, the roof, outside walls, foundations, sidewalks, interior walls, skylights, floors, windows, ceilings, sprinklers and hot water systems, elevators, heating, ventilating and air conditioning systems, plumbing and electrical systems, utilities, or other building components, as applicable, and the same will be remedied by LANDLORD with due diligence, subject to the provisions of this Lease dealing with repairs and maintenance. 11. INSPECTION: LANDLORD may enter County Leased Areas as defined in Exhibit "A" upon reasonable notice to TENANT to examine same for maintenance purposes or to make needed repairs to said Premises; and, if the Premises consist of only a part of a structure owned or controlled by LANDLORD, LANDLORD may enter the County Leased Areas at reasonable times upon reasonable notice to TENANT to install or repair items cited herein and other appliances deemed by LANDLORD to be essential to the use and occupation of other parts of the Premises. LANDLORD acknowledges that TENANT is providing a Consolidated Regional E-911 Communication System, which is critical to the safety of the public, and which includes confidential law enforcement information. As such, notwithstanding anything in the Lease to the contrary, TENANT has the authority to take all necessary steps to maintain the confidentiality of such records. Notwithstanding any other provision of this Lease, LANDLORD shall have unlimited and unrestricted access to any City/County shared areas as defined in Exhibit "A," common areas, break rooms or other areas, if any, being jointly used by LANDLORD and TENANT. LANDLORD's Police Chief shall also have unlimited and unrestricted access to the Premises at any time. 12. FIRE OR OTHER CASUALTY: In the event of damage to the Premises or any part thereof during said term by fire or other cause, the Premises shall be temporarily repaired immediately if a permanent repair cannot be immediately completed and LANDLORD shall immediately commence proceeding with making permanent repairs at the expense 6

17 of LANDLORD. LANDLORD shall not be responsible for the cost of repairs caused by any negligent or wrongful act or omission of TENANT, TENANT's Operator or TENANT's sublessee. TENANT shall pay for any damage caused by TENANT, TENANT's Operator or TENANT's sublessee that is not otherwise covered by insurance. If the Premises are rendered untenable by the elements or any other cause, all rental payments shall cease until the same shall be repaired as aforesaid. If the Premises shall be totally destroyed by the elements or any other cause, or so nearly destroyed as to require substantial rebuilding, rent shall be paid up to the time of such destruction and from thenceforth this Lease shall cease and come to an end, and TENANT and LANDLORD shall have no further liability. 13. REPAIRS: LANDLORD covenants to keep the said Premises in good structural repair, so far as concerns TENANT. LANDLORD shall maintain and keep in good repair, as applicable, the roof, skylights, outside walls, foundations, sidewalks, interior walls, floors, windows, ceilings, sprinklers (wet and dry), hot water systems, elevators, heating plants, air conditioning plants, ventilating, air conditioning, plumbing, and electrical systems and appurtenances thereto. LANDLORD shall also make any repairs necessitated by water seepage or by other causes. LANDLORD shall commence repairs as soon as possible and shall forthwith notify TENANT. LANDLORD shall also make all repairs or changes which may be necessary to make the Premises and the use herein contemplated comply with applicable laws, ordinances, orders, or regulations of any federal, state, county, or municipal authority, now or hereafter in effect, unless specifically exempted therefrom or unless specifically enacted by County and affecting only the Premises, or affecting only PSAPs. If LANDLORD fails, within a reasonable time after request, to make such repairs or changes as required by this Lease, then (a) LANDLORD shall be liable for any damages to property or loss thereby sustained by TENANT, and (b) TENANT may, with prior written notification to LANDLORD, have such repairs made at the expense of LANDLORD, and deduct it from future rental payment upon presentation of a certified TENANT invoice detailing the repairs made and the expense incurred. LANDLORD shall not be responsible for the cost of repairs caused by TENANT, TENANT's Operator or TENANT's sublessee's negligent or wrongful act or omission. 14. MAINTENANCE: Exterior maintenance, including, without limitation, routine gardening, cutting, mulching, pruning, and similar maintenance of all foliage, and routine and nonroutine maintenance of parking areas and irrigation systems, common exterior areas, and swale areas within the property line (including cleaning, painting, striping, paving, and repairs) shall be done by LANDLORD, at its expense. LANDLORD shall routinely clean and maintain and re-paint the exterior as needed. LANDLORD shall maintain the interior of the Premises in a clean and orderly state 7

18 of appearance and in good repair beginning on the Commencement Date of this Lease. 15. WAIVER: Failure of either party to insist upon strict performance of any covenant or condition of this Lease, or to exercise any right or option herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition, or right of election; but, the same shall remain in full force and effect. None of the conditions, covenants, and provisions of this Lease shall be waived or modified except by the Parties hereto in writing. 16. SOVEREIGN IMMUNITY: LANDLORD and TENANT hereby acknowledge that they are political subdivisions of the State of Florida subject to the limitations of Section , Florida Statutes, as may be amended from time to time. Each of these entities agrees that it has instituted and maintains a fiscally sound and prudent risk management program with regard to its obligations under this Lease in accordance with the provisions of Section , Florida Statutes, as may be amended from time to time. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Lease or any of the attendant agreements related to the 911 emergency dispatch center. 17. CERTIFICATES OF SELF-INSURANCE OR CERTIFICATE OF INSURANCE: When requested, LANDLORD shall provide TENANT's Risk Manager, or designee, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self Insurance or Certificate of Insurance evidencing LANDLORD'S self-insured Risk Management Program in accordance with Section , Florida Statutes, or any maintained excess property insurance requirements applicable to this Lease. The Certificate Holder for LANDLORD shall read: City of Coconut Creek Attn: Risk Manager Risk Management Division 4800 West Copans Road Coconut Creek, FL When requested, TENANT shall provide LANDLORD's Risk Manager or designee, prior to, or during, the use or occupancy of the Premises, with a Certificate of Self Insurance or Certificate of Insurance evidencing TENANT's self-insured Risk 8

19 Management Program!in accordance with Section , Florida Statutes, and/or any maintained excess property insurance applicable to this Lease Agreement. The Certificate Holder for TENANT shall read: Broward County Board of County Commissioners Attn: Risk Manager Risk Management Division 115 S. Andrews Ave, Room 210 Ft. Lauderdale, FL Fax (954) ENVIRONMENTAL CONTAMINATION: LANDLORD represents and warrants to TENANT that as of the date of execution of this Lease, neither LANDLORD, nor to the best of LANDLORD'S knowledge, any third party, has used, produced, manufactured, stored, disposed of, or discharged any hazardous wastes or toxic substances in, under, or about the Premises during the time in which LANDLORD owned the Premises. LANDLORD covenants that it - will not use, produce, manufacture, store, dispose of, or discharge any hazardous wastes or toxic substances in, under, or about the Premises (other than the ammunition utilized from the gun range and red bin disposal containers and normal and customary petroleum products used in the operation of motor vehicles or the back-up generator) during the term of this Lease. 19. RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County public health unit. 20. NOTICES: Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: 9

20 Notice to TENANT shall be addressed to: County Administrator Broward County Governmental Center, Room South Andrews Avenue Fort Lauderdale, Florida With a copy to (copies shall not constitute notice): Real Property Section Broward County Governmental Center, Room South Andrews Avenue Fort Lauderdale, Florida Notice to LANDLORD shall be addressed to: City Manager City of Coconut Creek 4800 West Copans Road Coconut Creek, FL With additional copies to (copies shall not constitute notice): City Attorney City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Director of Public Works City of Coconut Creek 4800 West Copans Road Coconut Creek, FL PRIOR AGREEMENTS: This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Lease that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. 10

21 22. JURISDICTION, VENUE, AND WAIVER OF JURY TRIAL: This Lease shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Lease, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Lease shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS LEASE, LANDLORD AND TENANT HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS LEASE. 23. INDEPENDENT CONTRACTOR: LANDLORD is an independent contractor and is in no sense an agent of TENANT or Operator. LANDLORD has no authority whatsoever to bind TENANT, TENANT's Operator, or TENANT's sublessee and no acts or assistance given by TENANT, TENANT's Operator or TENANT's sublessee shall be construed to have altered this relationship. This Lease shall not create nor be deemed to create a partnership or joint venture between the parties. Likewise, TENANT is an independent contractor and is in no sense an agent of LANDLORD, TENANT has no authority whatsoever to bind LANDLORD, and no acts or assistance given by LANDLORD shall be construed to have altered this relationship. Services provided or acquired by TENANT pursuant to this Lease shall be subject to the supervision of TENANT. In providing such services, neither TENANT, TENANT's Operator, or TENANT's sublessee nor their agents shall act as officers, employees, or agents of LANDLORD. 24. THIRD PARTY BENEFICIARIES: Neither LANDLORD nor TENANT intends to directly or substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a claim against either of them based upon this Lease. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Lease. 25. COMPLIANCE WITH LAWS: LANDLORD, TENANT, TENANT's Operator, and TENANT's sublessee shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations pursuant to this Lease. 11

22 26. MATERIALITY AND WAIVER OF BREACH: LANDLORD and TENANT agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Lease, and that each is, therefore, a material term hereof. LANDLORD and TENANT's failure to enforce any provision of this Lease shall not be deemed a waiver of such provision or modification of this Lease. A waiver of any breach of a provision of this Lease shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Lease. 27. SEVERANCE: In the event this Lease or a portion of this Lease is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless either party elects to terminate this Lease within sixty (60) days of the decision becoming final. Any election to terminate this Lease based upon this section shall become effective within three hundred sixty five (365) days after written notice of the election to terminate the Lease is provided. 28. TAXES AND ASSESSMENTS: Except as otherwise provided in Paragraph 7 above, LANDLORD shall pay, as applicable, any and all taxes, assessments, special assessments, or other charges against the Premises or the Property, or any combination thereof. 29. WARRANTIES: LANDLORD warrants that LANDLORD has not received any notice from any governmental authority as to violation of any law, ordinance, or regulation regarding the Premises. If the Premises is subject to restrictive covenants, LANDLORD warrants that LANDLORD has not received any notice from any person or authority as to a breach of the covenants. LANDLORD warrants that TENANT shall have a continuous right of access to the Premises during the term of the Lease from public or private right-of-ways, and other public travel ways and routes. 30. JOINT PREPARATION: Each party and its counsel have participated fully in the review cmd revision of this Lease and acknowledge that the preparation of this Lease has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Lease shall be interpreted as to its fair meaning and not strictly for or against any party. 12

23 31. AMENDMENTS: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Lease and executed for TENANT by the Board of County Commissioners or another person empowered to execute contracts on behalf of the TENANT, and for LANDLORD by the City Commission. 32. TIME OF THE ESSENCE AND TIME PERIODS: Time shall be deemed to be of the essence for this Lease with respect to all provisions in which a definite time for performance is specified; provided, however, that the foregoing shall not be deemed to deprive any party of the benefit of any cure period set forth herein. All time periods specified in this Lease shall be deemed to be calendar days unless specifically stated otherwise; provided, however, that if the last day of any particular calendar day period is a Saturday, Sunday, or legal holiday, then the time period shall be deemed to extend to the next business day. 33. PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Lease by reference and a term, statement, requirement, or provision of this Lease, the term, statement, requirement, or provision contained in this Lease shall prevail and be given effect. 34. MULTIPLE ORIGINALS: Multiple copies of this Lease may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. 35. OTHER PROVISIONS: Any additional provisions entered into at the time of execution of this Lease shall require approval of the parties by initialing, at the bottom of any additional page(s), which must be affixed to the Lease. 13

24 IN WITNESS WHEREOF, LANDLORD and TENANT have executed this Lease on the dates hereinafter subscribed. LANDLORD CITY OF COCONUT CREEK Signed and Sealed Witness Witness Executed by LANDLORD on 20 By Mary C. Blasi, City Manager ATTEST: Approved As To Form: Barbara S. Price, City Clerk Paul S. Stuart, City Attorney 14

25 TENANT ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida By: Mayor day of, 20. Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Carlos A. Rodriguez-Cabarrocas Assistant County Attorney (Date) By Noel M. Pfeffer Deputy County Attorney (Date) NMP:slw 8/23/13 CommunicationsLeaseCOCONUTCREEK-CLEAN

26

27 EXHIBIT "A" Legal Description/Location/Premises 16

28

29 EXHIBIT A COCONUT CREEK PSAP - 2nd FLOOR City/County Shared Area III Z S! (9 (9 i a. (9 Ex. A- Page 2 j Go II: 0 ~ ~! ~ (). ~ 8 U) e

30

31 EXHIBIT A COCONUT CREEK PSAP.. 1st FLOOR County Leased Area ~ ~ G o <3 I I I Ex. A - Page 1

32

33 EXHIBIT "B" RENT SPREADSHEET 17

34

35 EXHIBIT B Initial Term Year: Begin Dates: 10/1/ /1/ /1/ /1/ /1/2017 Rent (per month): $9, $9, $9, $9, $10, $10, st Year (per year): $113, Escalation % per year: 2.00% $113, $116, $118, $120, $123, Rent Initial5-yr Term: $592, nd Renewal Term Year: Begin Dates: 10/1/ /1/ /1/ /1/ /1/2027 Monthly Rent $11, $11, $12, $12, $12, Annual Rent $138, $141, $144, $147, $150, Rent 2nd Renewal Term: $722, RentSchedule Psap-Coconut Creek xls

36

37 Leased Space Area Calculations 2nd Floor Exclusive LEASED Space A x B x C x = 3,813.0 Sq Ft. = Sq Ft. = Sq Ft. 4,503.5 Sq Ft. Leased Space 2nd floor 1st Floor Exclusive LEASED Space D x = Sq Ft. Leased Space 1st floor F x = Sq Ft. G x = Sq Ft. H x = 4_5_6_.0 Sq Ft. 4, Square Feet Exclusive Leased $20.05 = $94, Ex B Calculations Coconut Creek xls 8/27/2013 Ex. B - Page 2

38

39 AGENDA ITEM REPORT DATE: August 29, ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY, INCLUDING EXHIBIT A, REGIONAL INTERLOCAL AGREEMENT, WHICH AGREEMENTS PROVIDE FOR THE CITY TO PARTICIPATE IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM. (RESOLUTION NO ) SUMMARY: On November 8, 2012, the City Commission passed Resolution , expressing support for the adoption of a plan for cooperative Countywide consolidation of E-911 communications and dispatch wholly funded through County ad valorem taxes. On May 7, 2013, the Broward County Commission voted 5-4 to fund the cost of said system. Through the adoption of a Participation Agreement, cities may join the County's Consolidated System. The attached agreement provides for the City of Coconut Creek to participate in a regional E- 911 communications system, administered and operated by Broward County that will take effect on October 1, The actual operator of the system has yet to be officially determined but contract negotiations are currently under with the Broward Sheriff's Office. The agreement also outlines benchmarks and performance standards for the PSAPs. The performance standards outlined in the agreement for 911 calls are as follows: * Ninety percent (90%) of all 911 calls arriving at the PSAP during the busy hour shall be answered within ten (10) seconds. (The busy hour is defined as the hour each day with the greatest call volume.) * Ninety-five percent (95%) of all 911 calls should be answered within twenty (20) seconds. (Continued on Page 2) DEPARTMENT: City Manager

40 AGENDA ITEM REPORT - PAGE 2. SUMMARY: Migration to the regional E-911 communication system will include the transition of Coconut Creek communication unit employees, payout of certain accrued leave and benefits, and coordination of equipment and services to be provided by all parties participating in the new system. The switch over to the new system, by October 1, 2013, will require expeditious action by multiple City departments and the County to coordinate personnel, equipment, and funding. The City will retain the responsibility of performing teletype entries for various law enforcement functions. That function will be handled by a new twenty four (24) hour unit within the police department. By participating in this system, it is expected that the City will realize significant cost savings through the reduction of personnel costs, as well as the reduction of various hardware and software related costs. Cost savings have been reflected in the Proposed FY 2014 Budget. Please note that a standard Regionallnterlocal Agreement (RILA) is incorporated into this Agreement as Exhibit A and also will be approved with this Resolution. This includes minor amendments to the RILA approved by the City Commission on March 22, RECOMMENDATION: Staff recommends approval. DEPARTMENT: City Manager

41 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND EXHIBIT A, REGIONAL INTERLOCAL AGREEMENT, ATTACHED HERETO AND MADE A PART HEREOF, BY AND BETWEEN THE CITY AND BROWARD COUNTY, FLORIDA, WHICH AGREEMENTS PROVIDE FOR THE CITY TO PARTICIPATE IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM; PROVIDING AN EFFECTIVE DATE WHEREAS, the establishment and maintenance of a Consolidated Regional E-911 Communications System will promote the health, safety, and general welfare throughout the City and Broward County by improving the safety of first responders and persons residing or traveling throughout the City and County and will eliminate call transfers that result in delayed responses, result in significant cost savings, and promote efficient and cost effective migration to consolidated new technologies; and WHEREAS, Broward County has determined that it will fully fund the system from County property taxes, or such other County revenues; and WHEREAS, the City Commission of the City of Coconut Creek, Florida, finds and determines it to be in the best interests of the residents of the City to authorize said Participation Agreement and Exhibit A, Regional Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA; Section 1: That the City Commission has reviewed and hereby approves the Participation Agreement and Exhibit A, Regionallnterlocal Agreement, attached hereto and made a part hereof, by and between the City and Broward County, which authorizes the City's participation in the Consolidated Regional E-911 Communications System

42 Agreement for a five (5) year term, renewable on the Agreement of the parties, and hereby authorizes the City Manager to execute said Agreement and Exhibit A, Regionallnterlocal Agreement, on behalf of the City. Section 2: and adoption. That this Resolution shall take effect immediately upon its passage Adopted this day of 2013, on a motion by andsecondedby Ayes Nays Absent or Abstaining Attest: Rebecca A. Tooley, Mayor Barbara S. Price, MMC City Clerk Tooley Aronson Sarbone Belevedere Welch \\pdc\data\agenda\8-29-i3\resolution participation agreement e-9jj I3.doc

43 8/21/21 AGREEMENT between BROWARD COUNTY and CITY OF COCONUT CREEK for PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM

44 AGREEMENT between BROWARD COUNTY and CITY OF COCONUT CREEK for PARTICIPATION IN THE CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM This Agreement ("Agreement") is between BROWARD COUNTY, a political subdivision of the state of Florida, its successors and assigns, by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; AND CITY OF COCONUT CREEK,a municipal corporation located in Broward County, Florida, organized and existing under the laws of the state of Florida, hereinafter referred to as "MUNICIPALITY." RECITALS: WHEREAS, COUNTY created the Broward County Consolidated Communication Implementation Advisory Board (the "I-Board") consisting of municipal managers/administrators from all Broward County municipalities, the County Administrator, the Sheriff or designee, a representative from the Broward County Chiefs of Police Association, and a representative from the Fire Chiefs Association of Broward County, to review, consider, and make recommendations to the Board relating to the creation, governance, funding, and operations of a regional and cooperative consolidated E-911 communications system; and WHEREAS, the I-Board issued a final report in February 2013 which contained a series of recommendations which included a recommendation that Broward County ("COUNTY") create and wholly-fund a cooperative countywide consolidation of E-911 communications to be operated, or contracted for operation, by COUNTY; and 1

45 WHEREAS, the City Commissions of 23 of Broward County's 31 cities passed resolutions requesting that COUNTY fund the cooperative countywide consolidation of E-911; and WHEREAS, the municipal function of providing emergency call processing in a large county with numerous cities has resulted in a fragmented system of emergency call-taking and dispatching; and WHEREAS, COUNTY has determined that the current fragmented system of emergency call-processing and dispatching is inefficient, costly, and may result in delays involving the transfer of calls among numerous dispatch centers; and WHEREAS, the establishment and maintenance of a Consolidated Regional E- 911 Communications System will promote the health, safety, and general welfare throughout Broward County by improving the safety of first responders and persons residing or traveling throughout Broward County, eliminate call transfers that result in delayed responses, result in significant cost savings, and promote efficient and cost effective migration to consolidated new technologies; and WHEREAS, COUNTY has determined that it is in the interest of the public health, safety and welfare of its residents, and those visitors that travel through or spend time within the boundaries of Broward County to create a Consolidated Regional E-911 Communications System to provide call-taking, teletype (queries only), and dispatching services which COUNTY shall operate, or contract to operate; and WHEREAS, COUNTY has invited all municipalities located within Broward County to participate in the System; and WHEREAS, the parties to this Agreement acknowledge and agree that, except for the unincorporated area of Broward County, COUNTY does not have the legal obligation to financially support police, fire, and emergency medical service ("EMS") dispatch within municipalities and COUNTY is voluntarily agreeing, by majority vote of its Board of Commissioners, to wholly fund police, fire, and EMS dispatch, subject to available funding; and WHEREAS, COUNTY, with the cooperation from Municipalities, shall continue to meet its responsibilities to establish a countywide communications infrastructure for fire and emergency services as set forth in Section 5.03 of the Charter of Broward County, Florida; and WHEREAS, the Consolidated Regional E-911 Communications System "System" shall consist of COUNTY's unincorporated area, Port Everglades, Fort Lauderdale Hollywood International Airport, and any and all municipalities located within the geographic boundaries of Broward County that enter into this Agreement and agree to the conditions for participation in the System, NOW THEREFORE, 2

46 In consideration of the mutual covenants and agreements, it is agreed as follows: ARTICLE Subject to available funding, the word "shall," as used in this Agreement shall in all cases be construed to be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. 1.2 COUNTY shall operate, or contract for the operation of, a Consolidated Regional E-911 Communications System for COUNTY's unincorporated area, Port Everglades, and Fort Lauderdale-Hollywood International Airport, and Participating Communities. The System shall operate subject to the control, internal operating rules and regulations of COUNTY. 1.3 MUNICIPALITY agrees, as a condition to COUNTY's obligation to provide System Services, to: (i) take all actions which may be required by MUNICIPALITY to migrate to COUNTY's Computer Aided Dispatch System (CAD) communication platform no later than October 1, 2013, or such later date as may be established by COUNTY, (ii) execute the standard form Regional Interlocal Agreement ("RILA") providing for cooperative participation in a regional public safety intranet prior to October 1, 2013, and (iii) take and perform such other actions, in cooperation with COUNTY, as COUNTY may reasonably request to enable COUNTY to implement and provide for the operation of the System. A copy of the RILA is attached hereto as Exhibit "A." The terms, conditions and financial obligations of the parties executing the RILA shall remain separate and distinct from the obligations herein. 1.4 MUNICIPALITY [does QllXNlXeso~aij have a Host PSAP location within its City Limits. ARTICLE 2 DEFINITIONS The following contains the definitions of the terms as applied to this Agreement: 2.1 Administrator. The term "Administrator" or "County Administrator" shall mean the County Administrator of Broward County government by the Charter of Broward County, Florida. 2.2 Agreement. The term "Agreement" shall mean this Agreement between COUNTY and MUNICIPALITY. 2.3 Administrative Call. The term "Administrative Call" shall mean a call received in a Host PSAP that is not an Emergency Call or a Non-Emergency Call and is 3

47 specific to a Participating Community. An Administrative Call is not part of the Consolidated Regional E-911 Communications System responsibility. 2.4 Board of County Commissioners. The term "Board of County Commissioners" or "County Commissioners" or "County Commission" shall mean the Board of County Commissioners of Broward County, Florida. 2.5 Capital. The term "Capital" shall mean costs for machinery, equipment, vehicles or other tangible assets that are used in operations and that have initial useful lives extending beyond a single reporting period. The term Capital shall exclude (i) call-taking and dispatch equipment and other capital items that are purchased by COUNTY pursuant to the provisions of Section 5.03A of the Charter of Broward County, (ii) capital improvements to Host PSAP facilities, and (iii) the costs of machinery, equipment, vehicles or other tangible assets that are used in operations which are located in a PSAP that has not been designated as a Host PSAP by COUNTY. 2.6 City Limits. The term "City Limits" shall mean the geographical areas of a Participating Community as they currently exist or as may be amended during the term of this Interlocal Agreement or any Renewal Term. 2.7 Consolidated Regional E-911 Communications System or System. The term "Consolidated Regional E-911 Communications System" or "System" shall mean the consolidated call-taking, teletype (queries only) and dispatch functions of Emergency Calls and Non-Emergency Calls, as defined herein, for fire services, emergency medical services and police services. 2.8 COUNTY. The term "COUNTY" shall mean, depending upon the context, either (a) the geographical area contained within unincorporated Broward County, Florida, a political subdivision of the state of Florida, or (b) the government of Broward County, acting through the County Commission or its designee. 2.9 Emergency Call. The term "Emergency Call" shall mean a call that requires immediate law enforcement, fire rescue, or EMS call for service dispatch, or a combination thereof. Alarm lines are included within the definition of an Emergency Call Fiscal Year. The term "fiscal year" shall mean October 1 to September Host PSAP. The term "Host PSAP" shall mean a facility providing the service and housing the equipment and personnel that provide E-911 call-taking, teletype (queries only), and dispatching services for the Consolidated Regional E-911 Communications System and specifically designated by the COUNTY as a Host PSAP. 4

48 2.12 Non-Emergency Call. The term "Non-Emergency Call" shall mean a call received in a Host PSAP that does not require an immediate response from law enforcement, fire rescue, or EMS call for service dispatch or any combination thereof 2.13 Operational Expenses. The term "Operational Expenses" shall mean the necessary Personnel Costs and operating costs to support the call-taking, teletype (queries only), and dispatch services under the Consolidated Regional E-911 Communication System Operational Funding. The term "Operational Funding" shall mean the funding necessary to operate the call-taking, teletype (queries only) and dispatch functions of the Consolidated Regional E-911 Communications System, subject to the appropriation and availability of adequate funds by COUNTY Operator. The term "Operator" shall mean either COUNTY or the entity or entities with which COUNTY enters into a contract to perform services and tasks related to the day-to-day operations of the Consolidated Regional E-911 Communication System, the System's PSAP location(s), and the hiring, training, supervision, discipline of all Operator's personnel Participating Communities. The term "Participating Community" or "Participating Communities" shall mean the municipal corporation or corporations existing under the laws of the state of Florida, located within the COUNTY that enter into this Standard Agreement with COUNTY for Participation in the Consolidated Regional E-911 Communications System Personnel Costs. The term "Personnel Costs" shall mean the amount of the regular employee salary and fringe benefits. In no event shall the fringe benefit amount of Personnel Costs exceed the amount or level of the employee fringe benefits paid by COUNTY or Operator to their regular employees PSAP. The term PSAP (Public Safety Answering Point) shall mean a location and facility providing the service and housing the equipment and personnel that provide E911 call-taking, teletype, and dispatching services Regionallnterlocal Agreement (RILA). The term "Regionallnterlocal Agreement" or ''RILA'' shall mean the agreement which establishes the terms, conditions, and financial obligations of entities participating in the Broward County Regional Public Safety Intranet System Services. The term "System Services" shall mean the operational services performed by the Operator consisting of consolidated call-taking, teletype (queries only) and dispatch functions of Emergency Calls and Non Emergency Calls, as defined herein, for fire services, emergency medical services and police services and the services and tasks related to the day-to-day 5

49 operations of the Consolidated Regional E-911 Communication system, the System's PSAP location(s), and the hiring, training, supervision, and discipline of Operator's personnel Teletype Query(ies). The term "Teletype Query(ies)" or "Teletype (queries only)" shall mean a query search for information performed by a teletype operator that may utilize the Criminal Justice Network ("CJNET") to access a specific database for law enforcement purposes specific to confirmations and locates. Databases requiring access to perform a Teletype Query may include, but are not limited to, Florida Crime Information Center (,'FCIC"), National Crime Information Center ("NCIC") and Driver and Vehicle Information Database ("DAVID"). Teletype activities, such as, but not limited to, the entries, deletions, updates and validations, as required by Florida Department of Law Enforcement ("FDLE"), shall remain the responsibility of Participating Community and shall not be a part of System Services and System Services shall be limited to Teletype (queries only) Transition Period. The term "Transition Period" shall mean the period of time starting with COUNTY implementation of all the elements of the System and continuing through September 30, Unincorporated County. The term "Unincorporated County" shall mean the geographical areas of COUNTY which are not within the boundaries of any municipal corporation. Unincorporated County shall be entitled in all respects to receive the same benefits and services under the terms and conditions of this Agreement as a PARTICIPATING COMMUNITY. ARTICLE 3 TERM 3.1 The commencement date of this Agreement shall be the date of proper execution by the parties to this Agreement and System Services shall begin on October 1, 2013, or as otherwise set forth in the transition plan established pursuant to the provisions of Section herein. 3.2 In the event that a municipality elects to become a Participating Community by executing this Agreement subsequent to September 30, 2013, this Agreement shall commence upon execution; provided, however, the municipality shall not be entitled to receive the System Services contemplated by this Agreement until October 1 of the subsequent Fiscal Year. 3.3 Non-Host PSAP Term: The initial term (the "Non-Host PSAP Initial Term") of this Agreement for Participating Communities who do not have a Host PSAP location within their City Limits shall commence upon execution of this Agreement, and terminate on September 30, Unless COUNTY or Participating Community provides the other with written Notice of its intent not to renew this Agreement, at 6

50 least 180 days prior to the end of the then current term, this Agreement shall automatically be extended for an additional five year period, Non-PSAP Renewal Term, the effective date shall be October 1,2018 through September 30, 2023 ("Non-PSAP Renewal Term"). 3.4 Host PSAP Term: The initial term (the "Host PSAP Initial Term") of this Agreement for Participating Communities who have a Host PSAP location within their City Limits shall commence upon proper execution by the parties to this Agreement, and terminate on September 30, Unless COUNTY or Participating Community provides the other with prior written Notice of its intent not to renew this Agreement, at least 365 days prior to the end of the then current term, this Agreement shall automatically be extended for an additional five year period, PSAP Renewal Term, the effective date shall be October 1, 2018 through September 30, 2023 ("HOST PSAP Renewal Term"). 3.5 Notwithstanding anything in this Agreement to the contrary, and subject to the provisions set forth in Section 9.3, the continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of adequate funds by COUNTY in accordance with Chapter 129, Florida Statutes. ARTICLE 4 CONSOLIDATED REGIONAL E-911 COMMUNICATIONS SYSTEM 4.1 COUNTY shall operate, or contract to operate, a Consolidated Regional E-911 Communications System, for COUNTY's unincorporated area, Port Everglades, and Fort Lauderdale-Hollywood International Airport, and Participating Communities. The Consolidated Regional E-911 Communications System shall be implemented through COUNTY government. COUNTY shall provide for the management, administration, oversight and operations of the Consolidated Regional E-911 Communications System. The System shall operate subject to the control, internal operating rules and regulations of COUNTY. COUNTY agrees to comply with the requirements of the applicable Management Control Agreements relating to COUNTY operation of the Regional Public Safety Infrastructure at Host PSAP(s). 4.2 It is the desire of COUNTY and Participating Communities that the Consolidated Regional E-911 Communications System consist of geographically dispersed Host PSAP locations; however, the number of Host PSAP locations shall depend on the level of participation by Participating Communities. COUNTY shall pursue good faith negotiations with prospective Host PSAP Participating Communities to enter into the necessary agreements, including lease agreements or otherwise obtain the right to use PSAP facility(ies) to provide a location(s) for the delivery of Consolidated Regional E-911 Communications System Services. The selection by COUNTY, in its sole discretion, of PSAP locations and facility(ies) shall consider, at a minimum, the following factors: geographic location within Broward 7

51 County, high level of security for both human issues and climatic events, modern and secure technological infrastructure for data and communication systems, and ability to house the necessary personnel. 4.3 MUNICIPALITY agrees and acknowledges that the FDLE Router to access the NCIC and FCIC Information System will be accessible through the Host PSAP locations. In the event of catastrophic loss or failure of the FDLE Router or its network at any Host PSAP location, the COUNTY shall be entitled to re-route FDLE traffic to another Host PSAP location. The re-routing of FDLE Traffic can only occur in the following three (3) scenarios: (i) (ii) (iii) Catastrophic loss at a Host PSAP location; Failure of the router or loss of network connectivity to the router at a Host PSAP location; or For testing re-routing capabilities not more than once in a 12-month or as otherwise permitted by the State of Florida. The re,..rerouting of the FDLE router traffic will be jointly authorized by the County's Director of the Office of Communications Technology or designated representative and designated representatives of the Participating Community which contains the applicable Host PSAPs. Any verbal approval must be followed-up and documented via . Participating Communities that have a Host PSAP location within their City Limits agree to enter into an agreement with Operator to authorize the use of the Participating Community's FDLE router. 4.4 COUNTY shall establish operation and efficiency performance standards for the Consolidated Regional E-911 Communications System's operations and create a time schedule for implementing and meeting the efficiency and performance criteria. The operation and efficiency performance criteria for the System shall be as set forth on Exhibit "8" (the "Standards"); provided, however, the Standards shall only be in effect for calls received on the 911 telephone lines of a Host PSAP. COUNTY shall require in any contract it enters into with an Operator of the System that such Operator shall meet or exceed the Standards. COUNTY shall review monthly performance reports of the Operator of the System as a method to monitor the Operator's compliance with the Standards. In the event the Operator is unable to meet the Standards, the contract with the Operator shall contain provisions to address Operator failures, such as but not limited to the ability to terminate the contract with Operator. Additionally, the COUNTY shall endeavor to include in the contract with Operator a provision that Operator's employees performing System Services shall be given the ability to transfer to a subsequent Operator in the event of termination of the Operator's contract. 8

52 COUNTY shall distribute the monthly performance reports to the Participating Communities within 30 days after the close of the previous month. 4.5 To the extent authorized by law and applicable rules and regulations relating to access to criminal justice information, COUNTY shall provide Participating Communities with the ability to view performance information of the System. 4.6 In the event that COUNTY chooses to contract for the operation of the System, COUNTY shall pursue good faith negotiations prior to October 1, 2013, to enter into a definitive agreement with an Operator who shall be responsible for performing services and tasks related to day-to-day operations of the Consolidated Regional E-911 Communications System, the System's PSAP locations, and the hiring, training, supervision, and discipline of all Operator's personnel. The agreement with the Operator shall establish benchmarks that must be met by the Operator and address the time at which the benchmarks shall be fully achieved. The agreement shall authorize COUNTY to monitor the Operator's performance, require the Operator to implement COUNTY requirements if the Operator fails to meet such benchmarks, and provide a process to address any Operator failure to meet the contract requirements. 4.7 The COUNTY shall be responsible for the establishment, coordination and support of any workgroup, governance and/or technical boards created for the purpose of providing recommendations to the County Administrator on the operation of the Consolidated Regional E-911 Communications System. Membership of any such workgroup or boards may include, but not be limited to, representatives from COUNTY, Participating Communities, and Operator. ARTICLE 5 TRANSITION PERIOD 5.1 The parties agree to cooperate and utilize their best efforts to coordinate the many complex aspects of transition to the System. Transition elements include, but are not limited to the following: In the event that COUNTY chooses to contract for the operation of the System, COUNTY shall endeavor to include language in its contract with the Operator that the Operator shall employ civilian employees who performed, or have been hired by an existing PSAP facility and commenced the training to perform, call-taking, teletype, and dispatch PSAP functions as their primary job responsibility ("PSAP Employees") for any Participating Community that was operating its own PSAP prior to May 7, 2013, and that enters into this Agreement by August 30, 2013, and who meet the qualification standards, subject to the conditions set forth below: 9

53 A. PSAP. Employees will be,hired by the Operator and shall not be employees of COUNTY. B. Criteria which may render a PSAP Employee ineligible for employment by the Operator shall be limited to the following: (i) Conviction of a felony or other significant information found on a criminal records check; (ii) Inability to pass a background check and drug test; (iii) Florida Retirement System ("FRS") provisions prohibit employment by Operator. C. Participating Communities shall remain responsible for pension obligations, sick and annual leave payouts, and all other employee obligations incurred prior to the hire date of PSAP Employees by the Operator. D. In the event that a Participating Community that was operating its own PSAP prior to May 7, 2013 does not execute this Agreement by August 30, 2013 and all or a portion of its eligible PSAP Employees are not employed by the Operator by October 1, 2013, COUNTY's funding responsibility for Participating Community's PSAP Employees that are actually performing call-taking, teletype (queries only) and dispatch functions at the Participating Community's PSAP facility shall be limited to Personnel Costs until such time that the PSAP employees become employees of the Operator To the extent required by FRS, a MUNICIPALITY shall provide its PSAP Employees that are hired by Operator, a one-time election to participate in the pension plan of the Operator or remain in the MUNICIPALITY's pension plan; or to the extent permitted by FRS, a MUNICIPALITY shall have the option of allowing its PSAP Employees that are hired by Operator, a one-time election to participate in the pension plan of the Operator or remain in the MUNICIPALITY's pension plan. In either event, any required contribution amount in excess of the required FRS contribution amount for the PSAP Employees remaining in MUNICIPALITY's pension plan shall be and remain the sole responsibility of MUNICIPALITY. COUNTY, or its OPERATOR, will fund the MUNICIPALITY's contribution amount up to the established FRS rates, or up to the MUNICIPALITY's contribution rate, whichever is less. The PSAP Employees shall be responsible for any employee contribution amounts required under either election. The 10

54 MUNICIPALITY shall provide to COUNTY and Operator the PSAP Employees' pension election documentation COUNTY, in conjunction with Participating Communities and the Operator, shall use reasonable efforts to develop an employee transition plan prior to October 1, 2013, which shall include implementation details, performance benchmarks, and the schedule for consolidation COUNTY shall schedule meetings with each individual Participating Community to develop a written transition plan, approved by COUNTY, relating to each individual Participating Community's transition to a Host PSAP. The transition plan shall also contain an assessment of Participating Community's current performance standards, organizational structure, staffing levels, equipment requirements, standard processes, protocols, and operating costs. Each Participating Community, that operates a PSAP on May 7, 2013, shall provide to COUNTY no later than September 1, 2013, its historical performance indicator data The transition of Participating Communities to a Host PSAP shall be accomplished following the development of System implementation plan by COUNTY which implementation plan shall provide for the transition of Participating Communities to a Host PSAP in a manner which will minimize adverse impacts on the System as a whole. Following the completion of the implementation plan, it is possible that MUNCIPALITY shall not be transitioned to a Host PSAP by October 1, In the event that MUNICIPALITY is not transitioned to a Host PSAP on October 1, 2013, COUNTY's responsibility for System expenses for such MUNICIPALITY shall be limited to the payments it makes to the Operator for the Operator's Personnel Costs of civilian employees who perform call-taking, teletype (queries only) and dispatch PSAP functions as their primary job responsibilities at a non-host PSAP facility or other expenses as specifically addressed in the RILA The COUNTY will endeavor to include in the agreement with the Operator a requirement that PSAP Employees shall perform System Services for the same general vicinity that they were servicing while employed by their Participating Community during the first year of the Operator's agreement (October 1, 2013 through September 30, 2014) provided there are sufficient employees available in any given vicinity to ensure that the System meets the Standards. 11

55 ARTICLE 6 FUNDING COUNTY agrees to fund Capital and Operation Expenses of the System out of legally available COUNTY funds subject to Section 3.5. COUNTY shall retain the fees distributed to COUNTY from the Emergency Communications Number E-911 System Fund pursuant to Florida Statutes and Participating Communities shall no longer receive distributions of E-911 fees received by COUNTY from the Emergency Number E-911 System Fund as those funds shall be utilized to pay the eligible expenses of the System. Upon execution of this Agreement, MUNICIPALITY acknowledges and agrees that the Interlocal Agreement between COUNTY and MUNICIPALITY providing for Distribution of the Proceeds According to the Florida Emergency Telephone Act shall terminate effective October 1, ARTICLE 7 RELATIONSHIPS OF THE PARTIES Except as set forth herein, no party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by any other party and nothing in this Agreement shall be deemed to constitute any party a partner, agent, or local representative of any other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever between the parties. The obligations created and imposed by this Agreement are not joint; rather, such obligations are separate and severable between MUNICIPALITY and COUNTY. ARTICLE 8 GOVERNMENTAL IMMUNITY Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. COUNTY and MUNICIPALITY are state agencies or political subdivisions as defined in Chapter , Florida Statutes, and shall be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. ARTICLE 9 DEFAULT AND TERMINATION 9.1 In the event there should occur any material breach in the performance of any covenant or obligation of a party hereunder that has not been remedied within thirty (30) days after receipt of notice from the non-breaching party specifying such breach, the non-breaching party may, if such breach is continuing, terminate this Agreement upon thirty (30) days' notice to the party in breach; 12

56 provided however, in the event of a material breach that is not susceptible to cure within such thirty (30) day period, the party in breach shall have such additional time as reasonably necessary as mutually agreed by both parties to complete such cure as long as the party in breach has commenced such cure within such 30 day period and diligently pursues such cure to completion. In the event that the party in breach has not remedied its breach, the non-breaching party(ies)shall have the right to seek monetary damages which shall include any additional incremental costs incurred by the System as a result of the actions of the breaching party. 9.2 In the event that MUNICIPALITY is a Participating Community which contains a Host PSAP and exercises its right to terminate this Agreement pursuant to the provisions set forth above, MUNCIPALITY agrees, that notwithstanding the termination, the Host PSAP shall continue to function as a Host PSAP for the System, at COUNTY's option, for a period of up to 365 days from MUNICIPALITY's termination. 9.3 In the event that COUNTY determines that adequate funds are not available, or determines not to appropriate adequate funds to continue this Agreement, COUNTY may terminate this Agreement. Termination shall be effective upon the termination date stated in the written notice provided by COUNTY, which termination date shall not be less than 365 days after the date of such written notice. ARTICLE 10 RELEASE In consideration of COUNTY's funding of the System and its provision of System Services, MUNICIPALITY hereby releases COUNTY, all COUNTY departments and divisions, and all current and former COUNTY agents, officers, and employees (collectively, "Releasees") from any and all causes of action, claims, demands, and damages (collectively "claims"), whether or not previously asserted, that MUNICIPALITY has, or may have, against any or all of the Releasees, which claims relate to, arise from, or are in connection with this Agreement or relate in any manner to the performance or lack thereof, funding or lack of funding for E-911 communications, call-taking, teletype, dispatch services or any combination thereof, that existed or arose prior to the date of this Agreement. This release only applies to claims of MUNICIPALITY that arose or may have arisen prior to the commencement date of this Agreement. MUNICIPALITY understands, acknowledges, and agrees that this release is a full and final bar to MUNICIPALITY pursuing these claims in any forum. The obligations of this section shall survive the expiration or earlier termination of this Agreement. 13

57 ARTICLE 11 MISCELLANEOUS 11.1 ASSIGNMENT. This Agreement, or any interest herein, may not be assigned, transferred or otherwise encumbered, under any circumstances by any party without the prior written consent of the other party to this Agreement STATE AND FEDERAL LAWS. The provisions of this Agreement shall comply with all applicable state and federal laws. This Agreement shall be construed in accordance with the laws of the state of Florida NOTICES. Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand-delivery with a request for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COUNTY: County Administrator Governmental Center, Room South Andrews Avenue Fort Lauderdale, Florida FOR MUNICIPALITY: City Manager 4800 west copans Road Coconut Creek, FLorjda PRIOR AGREEMENTS. This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. There is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written SEVERANCE. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or MUNICIPALITY elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made 14

58 within thirty (30) days of final court action, including all available appeals. The election to terminate shall be in writing and comply with the provisions of section 11.3 herein and shall be effective upon the termination date stated in the written notice, which termination date shall not be less than 365 days after the date of such written notice REPRESENTATIONS AND WARRANTIES. Each of the PARTICIPATING COMMUNITIES and COUNTY hereby represents and warrants as to itself as follows: (a) (b) It is duly organized and validly existing under the constitution and laws of the state of Florida, with full legal right, power and authority to enter into and perform its obligations hereunder; This Agreement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms JOINT PREPARATION. Each party and its counsel have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party INTERPRETATION. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Article as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article THIRD PARTY BENEFICIARIES. Neither MUNICIPALITY nor COUNTY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement AMENDMENTS. The parties may amend this Agreement to conform to changes in federal, state, or local laws, regulations, directives, and objectives. No modification, amendment, or alteration in the terms or conditions contained 15

59 herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board and MUNICIPALITY or others delegated authority to or otherwise authorized to execute same on their behalf JURISDICTION, VENUE, WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, PARTICIPATING COMMUNITIES AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT MULTIPLE ORIGINALS. Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder is prevented by reason of hurricane, earthquake, or other casualty caused by nature, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, provided that the party so affected shall first have taken reasonable steps to avoid and remove such cause of nonperformance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other party in writing and resume performance hereunder whenever such causes are removed I NCORPORATION BY REFERENCE. The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits "A" and "B" are incorporated into and made a part of this Agreement. [REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK] 16

60 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice-Mayor, authorized to execute same by Board action on the _ day of, 20, and, signing by and through officers duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, by and through its Board of County Commissioners Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners By ---- Mayor day of, 20 Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Noel M. Pfeffer (Date) Deputy County Attorney 17

61 MUNICIPALITY WITNESS: City of Coconut Creek By City Manager day of, 20_. ATTEST: By City Clerk day of, 20_. APPROVED AS TO FORM: (CORPORATE SEAL) City Attorney NMP:SVT:slw 8/21/13 E-911 CountyFundedSystemCLEAN

62 Exhibit A Regionallnterlocal Agreement (RILA) 19

63 REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF COCONUTCREfllfQVIDING FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET This Regional Interlocal Agreement ("Agreement") is made and entered into by and between Broward County ("County"), a political subdivision of the State of Florida, and City of~ogoru :t("city"), a Florida municipal corporation (collectively City and County referred to as the "Paft'fes9 providing for cooperative participation in a Regional Public Safety Intranet ("RPSI"). WHEREAS, this Agreement is entered into pursuant to , Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, County is to establish, with cooperation of Broward cities, a county-wide interoperable public safety intranet that can support closest unit response in life-threatening emergencies and regional specialty teams; and WHEREAS, the Parties desire to satisfy the intentions of the Broward County Charter by insuring that someone with a life-threatening emergency receive care from the closest available emergency vehicle; and WHEREAS, the City agrees to work towards insuring someone with a life-threatening emergency receive care from the closest available emergency vehicle, including pursuing automatic aid agreements with neighboring cities who utilize the county-wide CAD system; and WHEREAS, the Parties desire to enhance radio interoperability by interconnecting County and City public safety radio users and to enhance information sharing by interconnecting County and City public safety data users; and WHEREAS, County maintains a Trunked Radio System, Computer Aided Dispatching ("CAD") System, Automated Vehicle Location ("AVL") System, a Law Records Management System ("LRMS"), and a Fire Records Management System ("FRMS") as part of its public safety intra net that supports county-wide police, fire, and emergency services; and WHEREAS, the Parties desire to make the most efficient use of their technical resources to enable the Parties to cooperate with each other to provide quality county-wide public safety communication services; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises, set forth, the Parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 Advanced Tactical Mapping ("ATM"): A component of the RPSI that provides computer aided dispatch mapping. In conjunction with AVL, these maps pinpoint the real time location, availability, status, and routing of emergency vehicles which ultimately enhance response times. 1.2 Automated Vehicle Location ("AVL") System: A component of the RPSI that provides GPS-based tracking of public safety vehicles. AVL facilitates closest unit response when coupled with a common CAD platform. 1.3 Board of County Commissioners: The term "Board of County Commissioners" shall mean the Board of County Commissioners of Broward County, Florida. Page 1 of 99

64 1.4 Capital: The term "Capital" shall mean costs for machinery, equipment, vehicles or other tangible assets that are used in operations and that have initial useful lives extending beyond a single reporting period. The term shall exclude call-taking and dispatch equipment and other capital items that are purchased by County pursuant to the provisions of Section 5.03A of the Charter of Broward County. 1.5 Change Management Requests (UCMR"): The process used to specify the times and conditions when designated tasks can be performed on all software and hardware affiliated with the RPSI including but not limited to the Trunked Radio System, Public Safety Network, Computer Aided Dispatch (CAD) System, E-911, etc. The CMR is more fully explained in Exhibit D. 1.6 Computer Aided Dispatch ("CAD") System: A component of the RPSI that has as one of its functions, in conjunction with the AVL System, the ability to assist a radio dispatcher in identifying and dispatching public safety vehicles and personnel closest to the scene of an incident. 1.7 Contract Administrator: County's Director of the Office of Communications Technology. 1.8 County: The term "COUNTY" shall mean the government of Broward County, acting through the Board of County Commissioners or its designee. 1.9 Demarcation Points: A "Demarcation Point" or "Demarc" identifies a responsibility boundary between City-responsible items and County-responsible items. Exhibit B further defines and visually portrays the RPSI Demarcation Points and entity responsibilities on a portion-by-portion basis Equipment: The County-owned and maintained items listed in Exhibit C and any other Countyprovided items Fire Records Management System ("FRMS"): A component of the RPSI that archives fire-related dispatch records and information Fire Rescue Frontline Vehicles: Vehicles that are typically dispatched in the initial stages of an incident for the protection and preservation of life, property, and the environment. Vehicles whose primary purpose is responding to emergencies where time is critical, i.e., Fire Engines (Pumpers), Ladder Trucks, Medical Rescue Vehicles, and Shift Commanders. Frontline vehicles are staffed and dispatched and do not include resources held in a reserve or staff capacity Fire Station Alerting: Allows regional and non-regional communication centers to efficiently respond to emergencies by managing the assets of multiple fire stations. Public Safety Dispatch Centers can dispatch an engine, ambulance, entire station, or multiple stations by selecting them on their computer screen or by the push of a few buttons Hosted Master Site: The Hosted Master Site is the central hub for all analog and secure two-way radio voice processing. The Motorola Hosted Master Site replaced the County owned SmartZone Controller which was at end of life. The Hosted Master site uses Motorola's SmartX solution inclusive of analog to digital site converters which will allow the existing SmartZone 3.0 Radio Network to communicate to a P25 IP platform Law Records Management System ("LRMS"): A component of the RPSI that archives law enforcement dispatch records and information NetMotion: A component of the RPSI that improves mobile data network performance, encryption, communication stability, and roaming between disparate private and public wireless networks. Page 2of99

65 1.17 Network Mobility Zone ("NMZ"): A component of the RPSI which extends the public safety network to multiple jurisdictions. The network mobility zone provides the mobile data and remote facility user's access to the core of the Public Safety Intranet applications Non-Dispatch Facility: A City owned facility hosted by the infrastructure, applications, and services of the RPSI. A non-dispatch facility does not receive E-911 calls nor does it provide City-wide or county-wide dispatch services. A non-dispatch facility may require access to FRMS, Read-Only CAD Services, and PMDC via their owned and operated Local Area Networks. The City-County demarcation boundaries are outlined in Exhibit B Non-Regional Dispatch Center ("NRDC"): A cooperative dispatch center providing E911 call taking and dispatch services for a municipality. A NRDC is also hosted by the infrastructure, applications, and services of the RPSI. A NRDC supports the overall goals of closest unit response, radio interoperability, and data sharing and utilizes the Regional CAD and County Wide Radio System. The County will be solely responsible for designating each qualifying dispatch center as a NRDC based upon the dispatch center's participation in the regional system. Upon such written designation by the County, the dispatch center will qualify as a NRDC under this Agreement unless and until the County otherwise designates in writing or the Agreement is otherwise terminated Peripheral Equipment: The City-owned and maintained items listed in Exhibit C and any other City-provided items. Peripheral equipment includes but is not limited to Ethernet cabling, mouse, keyboard, speakers, printers, etc Project: The integration of a regional public safety intranet comprised of radio and data systems, benefiting public safety agencies within Broward County that choose to participate Project Charter: Outlines the requirements, direction, constraints, and collectively accepted deliverables within a project. In addition, the charter will act as a guideline for the project manager and project team members to establish scope, schedule, and cost pertaining to the Project. The Project Charter template is further explained and listed in Exhibit E. Upon written confirmation by both parties, the completed Project Charter (including any subsequent updates by the parties) shall be automatically substituted and incorporated herein and shall operate as Exhibit E to this Agreement Project Manager: An employee of the County who is assigned by the Contract Administrator to provide day-to-day management of the Project from inception to completion Public Safety Network (UPSN"): A component of the RPSI which provides the communication connectivity and network infrastructure for data portions of the RPSI Regional Dispatch Center ("RDC"): A cooperative and consolidated dispatch center providing E911 call taking and dispatch services for multiple jurisdictions. A RDC is also hosted by the infrastructure, applications, and services of the RPSI. A RDC supports the overall goals of closest unit response, radio interoperability, and data sharing and utilizes the Regional CAD and County-Wide Radio System. The County funds the personnel and operating expenses associated to a regional dispatch center. The County will be solely responsible for designating each qualifying dispatch center as a RDC based upon the dispatch center's participation in the regional system. Upon such written designation by the County, the dispatch center will qualify as a RDC under this Agreement unless and until the County otherwise designates in writing or the Agreement is otherwise terminated Regional Public Safety Intranet ("RPSI"): The overall collection of Equipment - including but not limited to County's Trunked Radio System, Public Safety Network, and Public Safety Applications Page 3 of99

66 - that constitutes the Regional Public Safety Intranet. City-owned equipment interfaces to the County-owned RPSI Service Level Agreements ("SLA"): Defines an expected level of service segregated into various categories: System performance, trouble resolution, operations, and administration. The Service Level Agreements are further explained and listed in Exhibit F SmartZone: A component of the RPSI that interconnects disparate radio systems to provide county-wide coverage for roaming, efficient use of channels, and voice communication interoperability Subscriber Maintenance: Refers to City's responsibility to maintain the City owned user's equipment. Subscriber maintenance is further explained in Exhibit B System Maintenance: Refers to County's responsibility to maintain the regional public safety intranet (RPSI) as described in Exhibit B Trunked Radio System: County's Trunked Radio Communications System, a major portion of which is used by police and fire rescue personnel within Broward County. County currently owns and operates a twenty-eight (28) channel 800 MHz trunked simulcast SmartZone radio system. ARTICLE 2 SCOPE OF WORK 2.1 County and City agree to install the necessary Equipment and Peripheral Equipment and perform their respective required tasks in accordance with the Statement of Work (Exhibit A). 2.2 The work to be done shall be referenced, for convenience, according to the project designations and as further identified and detailed in the Exhibit A Statement of Work. 2.3 County agrees that the Trunked Radio System will meet appropriate coverage, functionality, and availability parameters and accepted industry standard levels of performance as determined by Federal Communications Commission (FCC), Telecommunications Industries Association (TIA), and Association of Public Safety Communication Officials (APCO) standards together with manufacturers' specifications. 2.4 County shall own all Equipment the County supplies to City pursuant to this Agreement. 2.5 City shall provide County access to the City's equipment rooms to the extent required for the installation of the County-owned equipment and integration of any applicable City system into the RPSI. City will exercise due care to ensure that the electrical, security, and environmental requirements are maintained for such equipment rooms. 2.6 County agrees that the CAD, AVL, FRMS, LRMS, Mobility Zone, and Public Safety Network functionalities supplied to City shall also meet appropriate performance levels as defined in Exhibit F. 2.7 The Regional Public Safety Intranet will perform based on the specifications of any given application being run on the system as defined in the Exhibit A (Statement of Work). The RPSI shall allow for exchange of information amongst public safety users. 2.8 City shall be responsible for supplying County with needed uninterruptible power system (UPS) electrical power, electrical wiring, heating ventilating and air conditioning (HVAC), and standby power generation to meet manufacturer guidelines and operational standards established by County for dispatch center Equipment. Page 4 of99

67 2.9 City agrees to allow County, with notice to City and monitoring by City personnel, to assist in troubleshooting a City local area network (LAN) which adversely impacts the Regional Public Safety Intranet. City agrees to correct any problems found in an expeditious manner City agrees to comply with the Demarcation Point division of responsibilities for the RPSI as provided in Exhibit B County shall maintain all systems outlined as "County responsibility" in Exhibit B over the life of this Agreement City shall maintain all systems outlined as "City responsibility" in Exhibit B over the life of this Agreement County shall not be responsible for the payment of any taxes, insurance, and utilities for City owned facilities Access to City's facilities for County personnel, or County's subcontractors, consistent with City security practices and procedures, shall be unlimited as to time and day City shall be responsible for any and all maintenance and repairs to the existing City owned facilities and any upgrades to such facilities. City shall maintain the structural and operational integrity of all associated City owned facilities and supporting equipment including but not limited to: batteries, buildings, cable plant, generators, roof, skylights, walls, foundations, sidewalks, floors, windows, ceilings, sprinkler and hot water systems, elevators, heating systems, air conditioning systems, plumbing, electrical and all other structural components Prior to the issuance of the Notice to Proceed from the County's Contract Administrator to the contractor, the Parties shall develop a mutually acceptable Project Plan inclusive of Project Charter (Exhibit E), project schedule, and communication plan set forth, among other things, (i) selected tasks, deliverables, and activities required of each party, including all dates by which the responsible party must complete such activity, (ii) the milestones and the agreed upon date for completion of each milestone; and (iii) the date for System Acceptance. This development shall constitute a Detailed Design Review. The Project Schedule shall be in the form of a progress chart of suitable scale to appropriately indicate the percentage of work scheduled for completion at any time. Each party represents that it will act in good faith to establish the Project Schedule within thirty (30) days of a signed contract between the County's Contract Administrator and the contractor and that the number of days established will be reasonable as to each activity Upon City's concurrence with, and County's acceptance of, the Detailed Design Review and Project Schedule submitted to County, County will provide contractor with a Notice to Proceed Effective with the execution of this Agreement, City shall become a voting member of the Regional Public Safety Communications Committee ("RPSCC") (or equivalent committee that has the authority to make technical decisions with regard to major upgrades and configuration changes to the RPSI) and other applicable governance boards to the extent approved by County City shall follow all RPSI Trunked Radio System policies and standard operating procedures in place at the time of this Agreement, a list of which are included in Exhibit G, as well as those developed in the future and issued to City by County. City agrees to comply with any enforcement actions required by these policies and procedures for misuse or abuse of the RPSI Trunked Radio System County and City shall jointly be responsible for developing desired fleet mapping and programming of all subscriber units and system parameters necessary to meet the operational requirements. Page 5 of99

68 2.21 SmartZone operation shall be limited to public safety users only City acknowledges that the services to be performed under this Agreement, relative to County's responsibilities, shall be performed by County and/or its contractors and shall be under the sole supervision and direction of County. At City facilities, City may monitor installation work done by the County, its employees, agents, and subcontractors. Likewise, County acknowledges that the services to be performed under this Agreement relative to City's responsibilities shall be performed by City and/or its contractor(s) and shall be under the sole supervision and direction of City. County may monitor installation work done by the City, its employees, agents, and subcontractors City is responsible for Subscriber Maintenance including repair and sub-fleet additions, moves, and changes to City subscribers as provided in Exhibit B. City may utilize the services of a third party to provide maintenance of City subscribers, or City may contract with County for a fee for a combination of the aforementioned services or for all of the above services County shall reprogram all City subscriber radios and control stations for operation on the County's Trunked Radio System City is responsible for all removals and installations of its subscriber equipment County agrees that it will not implement any changes/enhancements to the RPSI that could adversely affect the City system subscribers unless directed to do so by federal or state mandates as stated in Section 3.3 of this Agreement or otherwise agreed to, in writing, between the parties. Prior written notice as defined in Exhibit 0 shall be made by County to City for proposed changes and their potential effect on City operations. Should City or County desire to perform changes to the facility or the RPSI that may impact the Equipment or services provided by the County, the Change Management Request (CMR) procedures (Exhibit D) will be followed The parties agree that any and all drawings, plans, specifications or other documents or materials will be reviewed by City and County, or its sub-contractors to ensure that they are: (a) consistent with the City and County requirements for the Project; (b) sufficiently fit and proper for the purposes intended; and (c) comply with all applicable laws, statutes, building codes, and City and County guidelines or regulations, which apply to or govern the Project. City's approval, acceptance, use of or payment for all or any part of County's services under this Agreement or of the Project itself shall in no way alter County's obligations or City's rights. Copies of all items shall be provided to City and County. The Project Charter will be used to identify the requirements and expectations set forth by City and County In the event that County or City believe that any aspect of a Project is not in compliance with approved plans or applicable codes, or that work cannot be completed as designated, County or City shall notify the appropriate other party within the next business day after discovery, in writing or electronically, as to the reason(s) the proposed portion of the work is not in compliance or not feasible to meet the scope of services to be provided in this Agreement City agrees to complete a joint Acceptance Test Plan (Exhibit A, Attachment 2) with County to inspect County's or the contractor's performed work on the System to determine if it meets the City's operational needs and County's requirements City public safety users shall have equal accessibility to County's RPSI similar to other public safety agency subscribers City agrees to purchase all necessary City subscriber equipment as described in Exhibit B within ninety (90) days of the City providing written notice to County exercising its option to participate in a regional public safety intranet consisting of anyone or combination of the following: Trunked Radio System, CAD, ATM, AVL, FRMS, LRMS, or PSN. Page 6of99

69 2.32 City agrees to provide County or County's contractor, for the term of the Agreement, with facility space associated with the on-site maintenance, troubleshooting, and repair of all County Equipment. ARTICLE 3 TERM 3.1 The obligation of the Parties to perform under this Agreement shall commence upon the date of the last party executing this Agreement ("Effective Date"). 3.2 The term of this Agreement shall be for five (5) years from the Effective Date. This Agreement may be renewed every five (5) years with the written approval of both County and City, unless terminated pursuant to Article The terms of this Agreement may be amended if a state or federal regulatory agency mandates significant technological modifications of the system requiring a major reconfiguration or upgrade. In such instances, the Parties shall meet to determine an appropriate solution and funding. In the event the parties are unable to reach an agreement regarding state or federal mandates for technological modifications and/or funding of said modifications, either party may terminate the Agreement for cause pursuant to Article 4. ARTICLE 4 TERMINATION 4.1 This Agreement may be terminated by the County or City for convenience upon providing written notice to the other party at least 365 days prior to the effective date of such termination. 4.2 The failure of the City to perform its responsibilities as set forth herein for a period of thirty (30) calendar days after written notice by County shall constitute a breach of this Agreement. In the event the City fails to cure the breach within such thirty (30) day period, County may immediately terminate this Agreement upon written notice to the City. 4.3 City recognizes that the Board of County Commissioners, Broward County, Florida is the authority which establishes, allocates or otherwise provides for County's budget year funding. If in any budget year, funding, for any reason, is not provided to cover the County's responsibilities and obligations under this Agreement, this Agreement may be terminated by County without penalty upon written notice to the City. ARTICLE 5 COMPENSATION 5.1 Section (9), Florida Statutes, requires that Twelve dollars and fifty cents ($12.50) from each moving traffic violation must be used by the County to fund the County's participation in an intergovernmental radio communication program approved by the Department of Management Services. City understands such revenue generated within its jurisdiction will be used by the County to help fund the RPSl's operating costs. ARTICLE 6 ADDITIONAL SERVICES 6.1 It is mutually acknowledged that during the term of this Agreement it may be desirable to change the scope or extent of the maintenance services or to have County substitute items of Equipment and/or provide new items of Equipment. The parties also recognize that during the term of this Agreement, additions, changes, or modifications may be necessary or desirable to carry out the intent or purpose of this Agreement. The Parties agree that during the term of this Agreement Page 7 of 99

70 they will negotiate in good faith any requested changes to the scope or extent of the maintenance services or to substitution of items of Equipment and/or provision of new items of Equipment and other services proposed by County. All requested changes to the scope or extent of the maintenance services or to substitution of items of Equipment and/or provision of new items of Equipment, upgrades and other proposed additional services are subject to funding availability. 6.2 Any and all modifications to the terms and conditions of this Agreement must be contained in a written amendment executed by both parties with the same formalities as set forth herein. Should City or County desire to perform changes to the facilities, the RPSI or PSN that may adversely impact the Equipment provided by the County, the Change Management Request (CMR) procedures (Exhibit D) will be followed. ARTICLE 7 FREQUENCY USAGE 7.1 City agrees to authorize County, pursuant to state and federal regulations, to integrate City's 800 MHz frequencies into County's public safety intranet for the purpose of building a regional public safety intranet benefiting public safety agencies within Broward County that choose to participate. 7.2 City agrees to authorize County, pursuant to state and federal regulations, to integrate City's eligible 700 MHz frequencies into County's public safety intranet for the purpose of building a regional public safety intranet benefiting public safety agencies within Broward County that choose to participate. 7.3 City shall continue to maintain its radio frequency license ownership and, therefore, shall comply with all applicable federal, state and local laws and regulations to maintain such licensure. 7.4 County shall assist City with filing appropriate documents to facilitate County's usage of the 800 MHz frequencies, including documents regarding Federal Aviation Administration (FAA) or FCC licensure. 7.5 County shall assist City with filing appropriate documents to facilitate County's usage of the 700 MHz frequencies, including documents regarding Federal Aviation Administration (FAA) and/or FCC licensure. 7.6 County understands and agrees to maintain City radio frequencies (direction and range) integrated into the County Trunked Radio system(s). ARTICLE 8 LIABILITY 8.1 City and County shall each individually defend any action or proceeding brought against their respective agency pursuant to this Agreement and shall be individually responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or their defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. 8.2 City and County agree that no indemnification or hold harmless agreement shall be in effect concerning any claims, demands, damages and causes of action which may be brought against either party pursuant to this Agreement. This paragraph does not affect in any way any indemnification or hold harmless obligations of any third party to City or County under any other contract, agreement or obligation. 8.3 City and County are "state agencies or subdivisions" as defined in Section , Florida Statutes, and agree to be fully responsible for acts and omissions of its agents or employees to Page 8 of 99

71 the extent required by law. Nothing herein is intended to sene as a waiver of sovereign immunity by any party to which sovereign immunity is applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter, whether arising out of this Agreement or any other contract. ARTICLE 9 INSURANCE 9.1 The Parties acknowledge that County is self-insured in accordance with the provisions set forth in Section , Florida Statutes. ARTICLE 10 PERFORMANCE 10.1 Operational Performance Metrics will be provided by County to City on a quarterly basis to collectively evaluate system integrity. The operational performance metrics will be a part of the senice level agreement provided by County to City and further explained in Exhibit F. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 ASSIGNMENT: County shall perform the senices provided for in this Agreement utilizing County's employees, contractors, and subcontractors. Said senices shall be performed exclusively and solely for City which is a party to this Agreement. City and County shall not have the right to assign this Agreement without the express written approval of both parties JOINT PREPARATION: The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other SEVERABILITY: In the event any portion or provision of this Agreement is found to be unenforceable by any court of competent jurisdiction, that provision or portion shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect ENTIRE AGREEMENT AND MODIFICATION: This Agreement incorporates, supersedes and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matter contained herein. Specifically, this Agreement supersedes and replaces in its entirety any prior Agreement Providing for Cooperative Participation in a Regional Public Safety Intranet Between City and County (or between City and the Broward Sheriff's Office and assigned by Broward Sheriff's Office to the County). It is further agreed that no change, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed by both parties with the same formality and of equal dignity herewith COMPLIANCE WITH LAWS: Each party shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities and obligations pursuant to this Agreement BINDING EFFECT: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors FORCE MAJEURE: Neither party shall be obligated to perform any duty, requirement or Page 9 of99

72 obligation under this Agreement if such performance is prevented byfire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or conditions beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense ("Force Majeure") AUTHORITY: The individuals executing this Agreement on behalf of any entity do hereby represent and warrant that they are, on the date of this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of their principal NOTICES: In order for a notice to a party to be effective under this Agreement, notice must be sent via U.S. first-class mail with a contemporaneous copy via to the addresses listed below, and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed in writing in the manner provided in this section: County: Broward County Director, Office of Communications Technology 115 S. Andrews Avenue, Room 325 Fort Lauderdale, Florida With a copy to: Broward County Attorney's Office Government Center 115 S. Andrews Avenue, Room 325 Fort Lauderdale, FL City: City Manager City of COCONUT CREEK 4800 West Copahs Road Coconut Creek, FLorida With a copy to: City, Attorney 4Sbo West Copans Road.Coconut Creek, Florida MATERIALITY AND WAIVER OF BREACH: The parties agree that each requirement, duty, and obligation set forth herein is SUbstantial and important to the formation of this Agreement and, therefore, is a material term hereof. Either party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement INDEPENDENT CONTRACTORS: The parties agree that each party to this Agreement is an independent contractor. In providing such services, neither of the Parties, nor their respective agents shall act as officers, employees; or agents of the other party. This Agreement shall not constitute or make the parties a partnership or joint venture RECORDING: This Agreement shall be recorded in accordance with the Florida Interlocal Cooperation Act of Page 10 of 99

73 11.13 PRIORITY OF PROVISIONS: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 11 of this Agreement shall prevail and be given effect. Notwithstanding any other provision herein, if City and County execute a Lease Agreement for a 911 Emergency Dispatch Center ("Lease Agreement"), then, solely for the term of the Lease Agreement, to the extent any terms of the Lease Agreement directly conflict with any provision(s) herein, the terms of the Lease Agreement shall supersede and control as to any conflicting provision herein MULTIPLE ORIGINALS: This Agreement may be fully executed in five (5) copies by all parties, each of which, bearing original signatures, shall be the force and effect of an original document NON-DISCRIMINATION: The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, disability, marital status, sexual orientation or national origin RECORDS: Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents requests served upon it pursuant to Section , Florida Statutes, and any resultant award of attorney's fees for noncompliance with that law CHOICE OF LAW. WAIVER OF JURY TRIAL: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted exclusively to the jurisdiction of the federal or state courts of Broward County, Florida, and shall be governed by the laws of the state of Florida and any applicable federal laws, codes or regulations. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury in any such litigation OWNERSHIP OF EQUI PMENT: County retains ownership of all Equipment that the County provides to the City pursuant to the terms and conditions of this Agreement. In the event this Agreement is terminated by either party, the County shall remove and/or recover all equipment within ninety (90) days of the effective date of termination ATTACHMENTS AND REFERENCES: The following named exhibits are made an integral part of this Agreement: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Statement of Work Attachment 1: System Description Attachment 2: Acceptance Test Plan System Demarcation Points Attachment 1A: Regional Dispatch Center Attachment 1 B: Non-Regional Dispatch Center Attachment 1 C: Non-Dispatch Facility Attachment 1 D: Mobile Data Law Enforcement Attachment 1 E: Mobile Data Fire Rescue Frontline Vehicles Attachment 2: Demarcation Drawings Equipment List Change Management Request Project Charter Page 11 of 99

74 : i Exhibit F: Exhibit G: Service Level Agreements Attachment 1: Terms and Conditions Attachment 2: Trouble Ticket Workflow RPSI Trunked Radio System SOP's THIRD PARTY BENEFICIARIES: This Agreement is not intended to benefit any third party nor shall it create a contractual relationship with any third party. The remainder of this page is intentionally blank. Page 12 of99

75 REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF Coconut Creek PROVIDING FOR COOPERATIVE PARTiCiPATION IN A REGIONAL PUBLIC SAFETY INTRANET BROWARD COUNTY WITNESS: (Signature) (Print Name of Witness) BROWARD COUNTY, by and through its Board of County Commissioners By County Administrator day of, 20_ (Signature) (Print Name of Witness) Insurance requirements approved by Broward County Risk Management Division Approved as to form by Joni Armstrong Coffey Broward County Attorney Governmental Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By ~~~ (Signed) (Date) Assistant County Attorney By Signature (Date) Print Name and Title above Page 13 of 99

76 REGIONAL INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY ANO THE CITY OFCOCONUTCREEIpROVIDING FOR COOPERATIVE PARTICIPATION IN A REGIONAL PUBLIC SAFETY INTRANET CITY OF COCONUT CREEK ATTEST: CITY OF COCONUT CREEK CITY CLERK By: ~~~~ -- --_ CITY MANAGER Print Name day of, 20_ Approved as to form and legal sufficiency subject to execution by the parties: City Attorney Page 14 of 99

77 Exhibit A Statement of Work Page 15 of 99

78 Exhibit A - ATTACHMENT 1 SYSTEM DESCRIPTION To be provided at Detailed Design Review Phase of the project Exhibit A - ATTACHMENT 2 Acceptance Test Plan To be provided at Detailed Design Review Phase of the project Page 16 of99

79 EXHIBIT B - ATTACHMENT 1A Regional Public Safety Intranet Demarcation Points Regional Dispatch Center RPSI Portion Demarc COUNTY CITY Responsibility Responsibility Trunked Radio GOLD ELITE Infrastructure and software All mobile and portable radio System CONSOLE(S) up to and including the subscriber units including any COUNTY-owned Gold software operating on the RPSI Elite/P25 IP based Radio Trunked Radio System; and any Console(s) located in the advanced features and other Regional Dispatch Center. monitoring equipment, as desired. Hosted Master Site COUNTY OWNED Maintain COUNTY owned Maintain CITY owned radio (HMS) SMARTX radio equipment in equipment in accordance to CONVERTERS accordance to COUNTY CITY HMS User Agreement. HMS User Agreement. The The HMS cost is the HMS cost is the responsibility of the radio subresponsibility of the radio system owner. SUb-system owner. Radio Talkgroup Recording RECORDER AT Logging recorder CITY has no responsibility for REGIONAL equipment located at the talkgroup recording in a regional DISPATCH CENTER Regional Dispatch Center. dispatch center Any software playback at the Regional Dispatch Center. Fire Station Alerting (FSA) CITY FSA Fire station alerting Fire station alerting equipment EQUIPMENT equipment located in the located at the CITY fire stations. LOCATED AT THE Regional Dispatch Center. CITY is responsible for any FIRE STATION COUNTY will be communication medium other responsible for COUNTY than COUNTY RF (ie: leased RF connectivity from the lines). CITY is responsible for Regional Dispatch Center the Fire Station Radio to the CITY Fire Station. Frequency (RF) antenna to the Zetron Model 6 to the AudioNideo (AV) equipment including the Public Announcement (PA) system and speakers. Any CITY LAN requirements. CAD System CITY LAN Infrastructure and software All extended CITY LAN up to and including the equipment along with software, CAD server, Regional client licenses, peripheral dispatch console equipment to provide workstations, Regional communications to City "read Dispatch CAD client only" CAD workstations and all licenses, and the needed existing interfaces. (Future communications via the interfaces to the COUNTY- Page 17 of 99

80 RPSI Portion Demarc COUNTY CITY Responsibility Responsibility RPSI. supplied systems do not apply.) AVL System CITY LAN Infrastructure up to and All extended CITY LAN including the AVL server, equipment along with software, regional client desktop client licenses, peripheral software licenses, and the equipment to provide needed communications communications to City "read via the RPSI. only" CAD workstations and all existing interfaces. (Future interfaces to the COUNTYsupplied systems do not apply.) Advanced Tactical CITY LAN Infrastructure up to and All extended CITY LAN Mapping including the advanced equipment along with software, tactical mapping servers, client licenses, peripheral regional standard desktop equipment to provide client software licenses, communications to City "read and the needed only" CAD workstations and all communications via the existing interfaces. (Future RPSI. interfaces to the COUNTYsupplied systems do not apply.) Fire Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including the Fire Records connected to the FRMS; non- System Management servers and standard or customized software standard software site and desired by CITY. client licensing for Fire Records. Law Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including the Law Records connected to the LRMS; non- System Management servers. standard or customized software desired by CITY and standard software site and client licensing for Law Records. Page 18 cf99

81 EXHIBIT B-ATTACHMENT 1B Regional Public Safety Intranet Demarcation Points Non.Regional Dispatch Center RPSI Portion Demarc COUNTY CITY Responsibility Responsibility Trunked Radio Gold Elite Console(s) Infrastructure and software All mobile and portable radio System up to and including the subscriber units including any COUNTY-owned Gold software operating on the RPSI Elite/P25 IP based Radio Trunked Radio System; and any Console(s) located in the advanced features and other Regional Dispatch Center. monitoring equipment, as desired. Hosted Master Site COUNTY OWNED Maintain COUNTY owned Maintain CITY owned radio (HMS) SMARTX radio equipment in equipment in accordance to CONVERTERS accordance to COUNTY CITY HMS User Agreement. Or HMS User Agreement. The HMS cost is the The HMS cost is the responsibility of the radio sub CITY OWNED responsibility of the radio system owner. SMARTX sub-system owner. CONVERTERS Radio Talkgroup Recording Fire Station Alerting (FSA) N/A COUNTY is not responsible Logging recorder equipment for radio talkgroup located at the Non-Regional recording at a Non Dispatch Center. Any software Regional Dispatch Center. playback at the Non-Regional Dispatch Center. N/A COUNTY is not responsible All fire station alerting related for fire station alerting at a equipment and communication Non-Regional Dispatch medium at the Non-Regional Center. Dispatch Center and at the CITY fire stations. CAD System CITY LAN Infrastructure and software All extended CITY LAN up to and including the equipment along with software, CAD server, Regional client licenses, peripheral dispatch console equipment to provide workstations, Regional communications to City "read Dispatch CAD client only" CAD workstations and all. licenses, and the needed existing interfaces. (Future communications via the interfaces to the CQUNTY- RPSI. supplied systems do not apply.) AVL System CITY LAN Infrastructure up to and All extended CITY LAN including the AVL server, equipment along with software, regional client desktop client licenses, peripheral software licenses, and the equipment to provide needed communications communications to City "read Page 19 of99

82 RPSI Portion Demarc COUNTY CITY Responsibility Responsibility via the RPSI. only" CAD workstations and all existing interfaces. (Future interfaces to the COUNTYsupplied systems do not apply.) Advanced Tactical CITY LAN Infrastructure up to and All extended CITY LAN Mapping including the advanced equipment along with software, tactical mapping servers, client licenses, peripheral regional standard desktop equipment to provide client software licenses; communications to City "read and the needed only" CAD workstations and all communications via the existing interfaces. (Future RPSI. interfaces to the COUNTYsupplied systems do not apply.) Fire Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including the Fire Records connected to the FRMS; non- System Management servers and standard or customized software standard software site and desired by CITY. client licensing for Fire Records. Law Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including the Law Records connected to the LRMS; non- System Management servers. standard or customized software desired by CITY and standard software site and client licensing for Law Records. Page 20 of99

83 EXHIBIT B:" ATTACHMENT 1C Regional Public Safety Intranet Demarcation Points Non.Dispatch Facility RPSI Portion Demarc COUNTY CITY Responsibility Responsibility CAD System CITY LAN All extended CITY LAN Infrastructure up to and equipment along with software, including physical network client licenses, desktop connectivity from the RPSI workstations, peripheral to a single pre-defined equipment to provide CITY location. communications to City "read only" CAD workstations and all existing interfaces. (Future interfaces to the COUNTYsupplied systems do not apply.) Advanced Tactical CITY LAN Infrastructure up to and All extended CITY LAN Mapping including physical network equipment along with software, connectivity from the RPSI client licenses, desktop to a single pre-defined workstations, peripheral CITY location. equipment to provide communications to City ATM workstations and all existing interfaces. (Future interfaces to the COUNTY-supplied systems do not apply.) Fire Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including physical network connected to the FRMS; non- System connectivity from the RPSI standard or customized software to a single pre-defined desired by CITY. CITY location. FRMS standard site and client desktop software licenses will be provided from COUNTY to CITY. Law Records CITY LAN Infrastructure up to and Desktop hardware and all LANs Management including physical network connected to the LRMS; non- System connectivity from the RPSI standard or customized software to a single pre-defined CITY location. desired by CITY and standard software site and client licensing for Law Records. Page 21 of 99

84 EXHIBIT B - ATTACHMENT 1 D Regional Public Safety Intranet Demarcation Points Mobile Data - Law Enforcement RPSI Portion Demarc COUNTY CITY Responsibility Responsibility Trunked Radio Gold Elite Console(s) Infrastructure up to the All mobile and portable radio System COUNTY-owned Gold subscriber units including any Elite/P25 IP Console(s) software required to operate located in the Regional on the RPSI Trunked Radio and/or Non-Regional System; and any advanced Dispatch Center. features and other monitoring equipment, as desired. CAD System CITY MDT Infrastructure up to and including the CAD server and the needed communications via the RPSI. All extended LAN equipment along with software, client licenses, peripheral equipment to provide communications to City CAD MOTs and all existing interfaces. (Future interfaces to the COUNTYsupplied systems do not apply.) AVL System COUNTY's Infrastructure up to and All vehicle-related equipment Infrastructure including the AVL server; and any remote monitoring and the needed equipment and software communications via the RPSI. Law Record COUNTY Infrastructure up to and All vehicle Equipment Management System infrastructure including the Law Records including laptop, modem, Management servers. cabling, associated mounting hardware, antenna - and any monitoring Equipment and standard software site and client licensing for Law Records. Non-standard or customized software is also the responsibility of the CITY. Page 22 of99

85 EXHIBIT B - ATT ACHM ENT 1 E Regional Public Safety Intranet Demarcation Points Mobile Data - Fire Rescue Frontline Vehicles RPSI Portion Demarc COUNTY CITY Responsibility Responsibility Trunked Radio Gold Elite Console(s) Infrastructure up to the All mobile and portable System COUNTY-owned Gold radio subscriber units Elite/P25 IP Console(s) including any software located in the Regional required to operate on and/or Non-Regional the RPSI Trunked Radio Dispatch Center. System; and any advanced features and other monitoring equipment, as desired. CAD System CITY LAN All vehicle related peripheral equipment and any monitoring equipment. Non- Regional or customized software desired by CITY. (Future interfaces to the COUNTYsupplied systems do not apply.) Infrastructure and software up to and including the CAD server, MDT hardware, MDT regional CAD client software licenses, and the needed communications via the RPSI. AVL System Frontline Vehicle Infrastructure up to and All vehicle-related including the AVL server, peripheral equipment and GPS devices located in and any remote Fire Rescue frontline monitoring equipment vehicles. and software. Mobile Data Frontline Vehicle COUNTY will assume All vehicle related Terminals capital and life cycle peripheral equipment procurement of MDT's and and any monitoring associated regional Equipment. CITY standard software for Fire responsible for wireless Rescue frontline vehicles. modems and recurring operating costs. Nonregional or customized software desired by CITY. Fire Record COUNTY Acquisition of FRMS Page 23 of 99

86 RPSI Portion Demarc COUNTY CITY Responsibility Responsibility Management infrastructure COUNTY infrastructure up standard site and client System to and including the FRMS mobile software licenses Server and the needed will be the responsibility communication interfaces of CITY. All vehicle via the RPSI. related peripheral equipment and any monitoring Equipment. Non-regional or customized software desired by CITY. (Future interfaces to the COUNTY -supplied systems do not apply.) Page 24 of99

87 EXHIBIT B - ATTACHMENT 2 (Drawings) Page 25 of 99

88 Bt~rij"',CQijntYtRpiT~TtJ\1{&giijnaPpi$~it~h~Eltilifti;;7: CAO:PMARC' ~rb~rti(}oui1ty"'p~i:jiic Safetyl",tranet" :~:; ~;:~~:<~t~;./i~ i:':':\: -'~,,~,.. _':.,~ ~: :; [;:!n':'f:,<:::,,: i,.,._ I.,ogilial /lleltwork D~~19{1OvervjeiN R~gional Dispatch Center ~~"fa~<(:ountylciity Resp~msibiIities "II Regional PubliC':,,'"," "'i,', Safely Intranet (BPSO ' '.:' I WAN, fransp0rt \' ""i,;,:,]:1::" Re~IOOkI psi R_iCiS;~.:~;/'; :,3E "Public Safely APP"ciItfo" ;;ervera f <{:;: ~fiublips.~new.:,!r~~~.~e!',9~~il PubU~ Safety t<ore rnjrjl$lruci~'i;'",;: Publi~Saft!tYComniuilicaliollS 1 "f, '.~~~OO~~~~S~jC;iji,Regional PSlto provide:::" :: ' " 1. Regional CAD service and CAD application', 2. Regional Public Safety Network Management 3. Regional CAD Dispatch Workstation/Console software management (Dispatch Only), 4. Regional CAD Dispatch Workstation/Console hardware management 5. Regional CAD Dispatch Workstation/Console lifecycle migration and Ylarranty 6. Regional Dispatch Center WAN Transpoot 7. Regional DispatCh Center network integration services 8. Regional Demarcation point for all Public Safety application traffic passing between Regional Dispatch Center and the City local Area Network" is the assigned poot on PSI firewall. ' 9. Secure physical equipment closet to store network equipment 10. Regional Dispatch Center Personnel COUNTY - PSI-ILA: Regional Dispatch Center {CAD Demarcatio: 99 Shoot 1 orll

89 AbpMARC:,'';';. BroWardCoilnty "publl{s~t8ty hltranet ~~:.:~~::~r.~;~?/~, _. ",_ :,',;;,~::: ~:<,:,,-~; ",-,::'I~: :"'1."" '_'. I Logical Network Design ()Y~rview Non~RegionalDisJlatch Center BrO'ilard,County/City,Responsibmtie~!i i... _,0, _,",'., _ '._',,"/,,' _ II,,,:,L' COUNTY RESPONSIBILITIES' Regional Public Safety Intranei (BPS\). WAN transport Regional PSI to provide: :,1. Regional CAD service and CAD application 2. Regional Public Safety Network Management 3. Regional CAD Dispatch Workstation/Console software management (Dispatch Only) 4. Regional CAD Dispatch Workstation/Console hardware management 5. Regional CAD Dispatch Workstation/ConSole lifecycle migration and warranty 6. Regional Dispatch Center WAN T ranspon. 7. Regional Dispatch Center network integration services 8. Regional Demarcation point for all Pub~c Safety application traffic passing between Regional Dispatch Center and the "City local Area Network" is the assigned pon on PSI firewall. ",. COUNTY - PSI-ItA: Non-Region~1 Dispatch Center (CAD Dllmarcatioli'~tfti Shoot 2 or8

90 ',:"':-V~~,- ' )"':',,:?""(': <~/;:"'~,:~_«".f":<~, -':~<:'P' ~Y_' l-:c;:,l:,;i!;-'?"~:-?:"~"~':l?:" ;"-;1r '~.";'- /! J-li':J;-:'<-",' _: -~;-:"'.:"::>. ':- '~:;:": tltowi!fd CQuntY\RPSh!IC:A'N(m~Dispatch. FacilitY";' AppHCatiqrl'DMARC')c. :I",.;I.. BJ'OWlIrd coud",f!ublic Safety:!l1tl!lnet. r".oglcalnetwork De lligl1 ()velvi~w Non-Dispatch Facility Bl'O'o'!i8td. Count.ylCitY Responsibilities p'~:'(::~:':'z:?;;~?:7y'i:~ii~;;:"~;: 'T:::~?~ ~' "i-;:r";!:,--:--r~?(:-::;t ~:(;.~n~~":.i'''tr::!i'ef7;!;w:(':::;:ti::%~:~t~''''7?t:;:':":-:.'r{f; COUNTY RESPONSIBILITIES' r",j,;c"'ci1y;responsibflities''c'";''' 'I'd~"' ' ~~ (;!!;~,Rb;r,~~~~:~~j~~ll~~'\M;,:; ;,,~:r...:, :: Regional PSI to provide;, i 1. Regional FRMS/LRMSICAD Read Only senice 2; Regional Public Safety Network Management 3. WAN transport to one "city local area network" location 4. Regional FRMSIlRMS/CAD Read Only Network integration Services 5. tr,!!s Desktop Client license c.", :: ', : ", I 6. ~egional Demarcation point for all Public Safety application traffic passing between I Region;lI Dispatch Center and the 'City Local Area Network" is the assigned port on PSI firewall.!., "frmsilrms'ici:ii' r:~frmsn.rmslcao;reail!,'\ivmlini!lsp9~; ':";I:i.' i,~~+rms;i,f~ms tlient;softv 1'1.4, CAJ)~""tWnly sotbvate., <. ",.. l,l Sf S#:l'eegilljlli1ei1tclosetIiiSlO.e ~~0lt!iillIlpM ~;i 6.Pi'\l[!tr POI'/ef;gJi)UOOlI),l~tIV"ACfor~fk~~&' \'1>,;ppropriale ecjuip!llenl ~~sfotjeai' &~un fiinl t 8:: loading & ii1stauatilinoft:iielllsoll1n3reliji!egrilliol'! ~ f~; 9; Ablsp"l!Sible.fo[CD~ IIrllo'1:Sla~rd appli~i1s ~II n~ff:~--~;'~~;,;:j.,;~j]r;;:~~:ll~~~~;;i;j2;~;;: ~~;:~:!: r: :'i::;,;tf; ~:~:;i~;:-;~,:;';-'; I COUNTY - PSI-ILA:- Non~Di$p:atch Facility Application Dem.arcaion poifqe 28 qt 99 sheot 30fa

91 flr1>wardcclunty RPSI:~Ii.A' M6ij il~~'6awfr'ffq ritiihc.vehicles' Inftastructure4Application pmarc!: i!~.'.... '.. Bro~ard County,.. PubU" Safety Intrane~I.,.... ; L~gical Network Design Overview Mobile Data"' Fire Rescue Frontline Vehicles Browan:lCou".ty/Ci!y_Res~onsibilitieS '..!..,,:,;",, I.. RadioNelWork COUNTY RESPONSIBILmES Internet ' '~adi~.network. WISP 1:)tr.:.... 1A 1~ :'. '., (Cl) l' ~'~~ ~.. ~ -:A~r'''''.,oci /',., f,. \ Fjrewall CTMA&VPNl BrowardPublic.Safety Intra",et (BPSO. I Rll!lionat I'S! R!l$OutceS; Public Safety Applicatio" Seri1efs". Public Safety loie1worf< Management'" Public Safety Core Infrastructure Publi~ Safety COmmunications Maintenance and Support Services' WAN,... Ti'ansport. ~'.'?- J.lJ!<lut<r... ~\': 'H,," 1 PSI Reniote WiFi ~ ~'. Act:essPomt hotspot Broward PSI to provide: 1. Regional Applications SeIVice (CAD, PMDC, FRMS, AVl, A1M) 2. Regional Public Safety Network Management 3. Regional Public Safety Mobile Data Terminal Software Management (psi Applications Only) 4. Regional Public Safety MobYe Data Terminal Hardware Management 5. Regional Public Safety Mobile Data Terminal ufecycle Migration and Warranty 6. WAN Transport 10 one "CITY local Area Nelwork" location 7. Regional Public Safety Network Integration Services O. Vehicular GPS hardware and installation services to facilitate "closest unit response" 9. Standard PSI Application software client licenses (CAD, PMDC, AVl, A 1M) 10. SeIVices for loading & installation of regional ciienlsoitwarejintegralion 11. Regional Demarcation point for all Public Safety application traffic passing between Regional Dispatch Center and the "City local Area Network" is the assigned port on PSllirewali. 12. Regional Demarcation point for all approved application traffic being made available via the Radio Network (modem) is the private RF infrastructure. Radio Infrastructure is the responsibility of COUNTY and the Radio. Modem is the responsibility of the CITY ip'" COUNTY - PSI- lla: Mobile Dab - Firo Rescue Frontline Vehicle Demarcatio.r~ lo~ 99 Shoal 4 of IS

92 Bf6Watd'C6"ri&; RPSlifILA~MOb'leDaij":LawE~fifOtCefuent+: ' InfraStructutelAppliciltiOn PMARC"...,. :SrQWard Colinty~publicsafetyintranet....' LogicaINetworkDeSign Overview Mobile Data- Law.Enforcement StoWard CountylClty Responsibilities. COUNTY RESPONSIBILITIES,0, "'-:""'77''''P'-~'-''''I:'-''';'::''''T''r''''. t'-;~"",.. <cifi: RESPoNSIBILITIES :.'[, I., "; < ~ l i :.\ ;',"... 'j,! ~....' Radio Netwolk,_ j.' ~ : "d i:'. Internet! 'Radio Network ".'!ntllrnet Firewall fima&vpn) BrowardPublic Safety Intranet (BPSi). BWi9i!i1ji~1 BslQMr ei. ".. ".public Safel}' APplication Server". 'Rubiie Safety Netwoi'k Ma!lagem~ni., Public Safety COl1llnfl1lstructure Pubtic Safety c"",ritunlcali~ ". Mainle!lance,atJdSiJpp~Serv~ '. WA.NTransp6rt ~'PSIRemole. L I "/l~',"',.,.,' I." 'CityNetwQrIc'",'\"1":;" ;"i':;,'... ;!;!,!', :.:. '.'. '.,~ r.~vpw... '\/nfj' ~ -- IT~:~ ~T~:~~ :i:i';'... ':':.'l:[ ~.~;!<" '\'i'.. :/,1'",.;'... ];'1 AccessPoln!,'. U. n.'...,..,.",...' '. ii"" ",,;",.,. I Broward PSI to provide: 1. Regional Public Safety Network Management Z. WAN Transport to one "CITY Local Area Network" location 3, Regional Public Safety Network Integration Services 4. Regional Demarcation point for all Public Safety application traffic passing between Regional Dispatch Center and the "City Local Area Network" is the assigned port on PSI firewall. 5. Regiona' Demarcation point for all approved application traffic being made available via the Radio Network (modem) is the private RF infrastructure. Radio Infrastructure Is the responsibility of COUNTY and the Radio Modem is the responsibility of the CIlY =,- 1;,~l..~;~~~;~b;tr~",:;Cy,: "., ' ;'1 1 v;..~ Regiona.l Publ!~Safety fmbijedaia T~t1al S9f1ware "'anage~(appli~ii9rs) t...',... I.' :1. ;,2;$lan~~egi~n;iI PSfApPH.cjWonsolM:areclient~Cens'7:(~~~,"'DC; LrodS,OO.,An.q..... ;., C,,t. Regiorial p'ubuc Safety Mobile Oalii Terminal. H'II'dri3r~Ma"ligefflei1t (MQI5)'; :J.':.','..;....'::,1!;.5: Regiopal Publio;Sarety Mobilep~taTermin.'Urecyde tii~.ration ~n~iii.tri'1il;t (MDT5~~ Applications) i: 1 :i;;~::=:~;r:re~j~~:'~:=i~~;.;i~k1~~(~tit!'~~~~~~)...,~.'...'::j l;lc8;~9iyis. a:~airmobillt l!crtsp~th!m'~re equi~ntcl~lc\ siti~,n~ricelt~pment"li. ';:,f;!'ii Fi 9i Pro~ powet.groonding; HV"C fur!leiworj(c!oser& consoles If '!1iedeIl/ri,i"',:::J. <,};'. i.',", If: 10: seivi~es1odoading&'installalion~fi!9ioi1.ai'ar:nojl~il8'clleritsolh'laftjliidegtalion",,~:, ;... '."i:,] rf;~ 11.,H9l!"51andardap~i~at.i9~ ~rc~pmlt~onofregitl!1al ~ppli~~~:.:;,,'!.'.c, '.' "'!'~;'):':;i i;il;1~,stan(f3fd\lebicjesandperlp~el'\llsto,$uppol'! "'D!lll~Dat~T!lf/llIri$';"."j'r:",v';,c;. ~.;:;:, '.::,';;j ty;;)~ 'i~jbsd;~>~\i;,--.,:. <l,':0~~~):,,;,(, -; t'2;9,s:ic,]; ~-i',-<;;":~ ;;~%fi~kj~(,: ~:;'~kl~~,;t~l;;~;',(;,~\ ~',;:1:l/1i h7i,i;s1:~~;~ /C:;::';~;l:,,~:;J;;i;\\:f..~'Ji,;:,~; ':';i~:' ~~i.,.,' j I COUN!!'.=-psi-:"ILA: Mobile D~t:a-- Dapartmant ~!_ ~aw Enforcement Damarcatioi'l!PirOO f~ 99 Shoot 5 of a

93 BrO'IIslrd' Qy niy.~. fla~radi6:n bvq[j(';f.," l;.c I,"/,!';i;j Direct SubsCribers DMARC..,. ", "',' ' RPSI~Trunked RadiciSystem '.. '.. Logical Network Desi9" OverView BroiNard County Radio System BrowahI County/~ity Responsibilities" I' COUNTY RESPONSIBILITIES f~1:j~:?$?i$~i.~ti~~.. '{. i~ TlIJnk~Radk)$yste1111nfras~Ur~- Malnt~,:",e t< s~ces.. I. i,j~~.!u!wl~!."r.'a"oli"'ditlasl.el:sibi: '.l... Motorola Hosted Master Site SmartZone Audio Switch (BPSB) Interconnecting Network Equipment /', County to prov;de~ 1. Connectivity to RPSI Trunked Radio System 2. RPSI Trunked Radio System Regional Center Dispatch Consoles 3. Voice Logging for Radio is the responsibility of, COUNTY when CITY is participating In the Regional Consolidated Dispatch Center. COUNTY - PSI- ILA - Regional Trunked Radio System Direct Subscribers D.m.rc.tigR~fdt 1 99 Shoot II of II

94 'BtoWal'd'CoQnti~~'j[A"Radl({Netl!v6ik;~'r'\~i'~F~~';i"""i, i.lnditecfsybscrjbers.dmarq", RPSI>-Ti'l.mked Radio SySterrv "~I:!'.. 'LQgid.l1 Network Design Overview Broward County Radio System Broward COIJnty/CltyRespOnslbilities.. COUNTY RESPONSIBILITIES RegW-armoSystsm Res'oun:es','....,.' "Truntced RadioNelwotk ~nagemejjt,\;;, ", Tr'unl<ed Radio System Core Inttaslructlll'e', '..' '.Tnmked Radio System IQli"aslr"'ture~ Mainl2naoi:e.& SeMces ACceSs to Motorola Hosted Master. Site.' ', Motorola Hosted Master Site SmartZone Audio Switch (BPSB). WAN " ',Tran:;port,Ti Interconnecting Network Equipment Interconnecting Network Equipment i ~ ~ " Regional Radio System Consoles County to provjde- 1. Connectivily to RPSI Trunked Radio System,. 2. RPSI Trunked Radio System Regional Center: Dispatch Consoles. 3. Voice Logging for Radio is the responsibilily of,, COUNTY when CITY is participating in the, i Regional Consolidated Dispatch Center., ' ' I I 1 1,1, I COUNTY - PSI-ILA - Region:!!. Trunked Radio System Indirect Subscribers Dem:8eJil6crlfJP6fNl I Shool 7 or IS I

95 ,1,1' CAD SERVER g ' ' CAD CONSoLE COUNTY RESPONSIBILITIES FIRE RESCUE DISPATCH POSITION [Q] ~ RADIO CONSOLE ~4.~ MAIN ZETRON MODEL 26 SLAVEZETRON MODEL26 UHF toning i- ~ 800 MHz RADIO SYSTEM. UHF BASE STATION i UHF Radio Frequency COUNTY - PSI-ILA Region:;al Fire St:dion Alerting System D.mar~tion Point I SbHt 80(8 rl99

96 EXHIBIT "C" Equipment List Model numbers are provided for reference only in this proposal and are subject to change. Page 34 of99

97 Exhibit D Change Management Request Procedure I ntrod uction This document defines the Change Management Request (CMR) process for any component(s) that make up the Regional Public Safety Intranet providing delivery of services to end-users. The CMR process will be used to specify the times and conditions when designated tasks can be performed as maintenance on all software and equipment affiliated with the Regional Public Safety Intranet including but not limited to the Public Safety Network (PSN), Trunked Radio System, Computer Aided Dispatch (CAD) System, LRMS, FRMS, PMDC, UDT/DSS, E-911, etc. Objective The objective of the CMR process is to implement maintenance and expansion guidelines that will assure system reliability; minimize the impact on end-users and prevent unintended outage conditions. Definition The CMR process will be an ongoing activity involved with the scheduling, communication and coordination of maintenance and construction activities impacting the RPSI. This process includes a Request, Review and Approval process. All change and maintenance activities are performed during predetermined and mutually acceptable Maintenance Windows. Scope The CMR process should be followed for any installation, equipment and software maintenance activity or any construction activity which either directly or indirectly impacts the Regional Public Safety Intranet. CMR Process Reguirements All scheduled change and maintenance activities will require completion of an electronic CMR form and must conform to the following criteria: All work requests that impact directly or indirectly the end-users of Public Safety Mission Critical applications must be thoroughly documented in the CMR forms and sent as an e mail attachment to: octchangemanagement@broward.org: County's Office of Communication Technology (OCT) will review all requests and obtain consensus from Operations and from all impacted end-users on scheduling the Maintenance Window for the request. Activities will be scheduled and performed only during predefined or mutually acceptable Maintenance Windows. The Requestor submitting the Method of Procedure (MOP) form must identify the scope of the associated outage and a best estimate of the duration of the activities involved in the Page 35 of 99

98 project. Stop times must take into account the time needed to restore the system to an operational state. Following County OCT approval of the submitted Method of Procedure (MOP), a project coordination meeting involving representatives of all involved or impacted parties will be scheduled by the assigned OCT Program Manager prior to the start of the scheduled work. MOP Requirements The MOP must clearly state the objective(s) of the work to be performed; the parties performing the work; the parties impacted by the work and the steps to be completed by each party. A Maintenance Window identifying a clear Start and Stop time and a work flow schedule must be developed and included as part of the MOP. The scheduled work must follow the predetermined schedules identified in the MOP, and, as previously noted, stop times must take into account the time needed to restore the system to an operational state. The MOP must clearly identify the Program Managers responsible for coordination of the activity and provide telephone numbers and any other relevant contact information. The MOP must include an escalation list with notification time frames should unforeseen problems occur that would result in an outage extending beyond the scheduled Maintenance Window. The MOP must include a fallback plan should the original plan not work. Emerqency Maintenance Emergencies by their nature are not a part of the CMR process, but can seriously impact endusers and any scheduled maintenance activities. In the event of an emergency outage, both the affected end-user and first responder must notify the designated on-call person for the Office of Communications Technology (OCT). An on-call list will be provided to each 911/Dispatch Center Duty Officer and Manager. The OCT contact will be responsible for the following actions:. Identifying and assigning resources to work the emergency. Acting as a liaison between the maintenance provider and the 911/Dispatch Center Duty Officer and Manager for the duration of the outage or service degradation. Documenting response times and' actions taken, followed by generating an after-action report. The maintenance provider(s) responding to an outage or service affecting emergency must take the following measures following notification: Page 36 of99

99 Upon notification, use remote access to diagnose and repair the problem or arrive on site within the contracted time frames of the responder's maintenance agreement. Assess the nature and scope of the problem. Notify the County OCT on-call person of all actions to be taken and provide the best possible estimate of the duration of the outage or service degradation. Notify the County OCT on-call person of any break in maintenance activity prior to completion of the repair for any reason. Provide periodic updates for extended outages. Document each step of the repair/troubleshooting process as it is performed. Within 24 hours of completion of a repair, provide a written summary of the problem and the measures taken to repair the problem and (if relevant) prevent similar future outages. County OCT managers will review the submitted documentation and on a case by case basis schedule a debriefing session to review the steps taken to resolve the problem and suggest changes or improvements for responding to future unscheduled outages. Maintenance Windows The standard weekday Maintenance Window for Public Safety Communications Operations is 12:01 AM - 06:00 AM Sunday through Thursday or as otherwise specified by the Operations managers. The standard weekend Maintenance Window for Public Safety Communications Operations is 5:01 AM - 02:00 PM Saturday and Sunday or as otherwise specified by the Operations managers. A CMR must include sufficient time to perform a back-out of the change within the Window timeframe and restore systems to their normal operational state. A CMR that requires work to be performed outside the standard Maintenance Windows must include justification for performing the work during a non-standard window and be approved by County's OCT. Page 37 of 99

100 Requestor Submit Request to.oct Change Management Request i...--r Process Work Flow Review Request.. Log incmr Database I ' ~cl------, i! Review, Results, Notify End-Usecs of UnsucCessful Attempt Schedule Maintenance WindowWrth All Send Notices to End-Users No CIIIIR Project. SucCessful Completion? CloseCMR.. Ye.~ Document the I._ Results. Notify End-Users -.. c of Successful Completion Page 38 of 99

101 Type :Risk....' DefiTlition ". Lead'" ;. MOP','..Actions Im~act ". Time. Reguired ~'bescri(;!tion~'... '.. Level..., i ~ '..' ;.'-... " ;.? l.;... '.' -,:." ' e'.e ". <.'. -.: "- FYI Non- Pre(;! work activity Minimum No FYI as needed. Service which has low risk to 2 days Affecting end-users of Public Safety Mission Critical ath~lications. Scheduled Potential Any activity that may Minimum Yes Notify all End- -Service im(;!act end-user access 5 days Users and Affecting to Public Safety SU(;!(;!ort Mission Critical Management aoolications. Scheduled Service Includes any activity Minimum Yes Obtain written or Affecting which will result in the 10 days a(;!l2roval loss or degradation of from accessibilitv to end- Management. users of one or more Provide Written Public Safety Mission Notification to all Critical al2l2lications. affected End- Users. Obtain Written Approval of all affected End- Users. Scheduled Outage Any work which will Minimum Yes Obtain written or Reguired necessitate a total 10 days al2l2roval outage of one or more from of the Public Safety Management. Mission Critical Provide Written al2l2lications or the Notification to all Public Safety Wide Area affected End- Networkl or any Users. extremely high risk activity which may Obtain Written inadvertently cause an Al2l2rOval of all outage. affected End- Users. Emergency Service The unscheduled None No Reguires Affecting outage of one or more immediate.q.! Public Safety Mission management and Outage Critical al2l2lications or End-User Reguired the Public Safety Wide notification and a Area Network. debriefing meeting once the I2roblem has been resolved. Page 39 of99

102 End-User Notification Not less than ten (10) business days prior to an approved CMR project affecting the Regional Public Safety Intranet, the County OCT project manager must notify all end-user management by of the pending activity with all CMR and MOP documentation attached. The should summarize the attached documentation but must include: A list of all affected end-users.. A generic statement of nature of upgrade or maintenance procedure and the operational need to make the change. The Maintenance Window, date and time the work will be performed including the projected end time. A generic impact statement that identifies the nature of the work being performed; the impact of the work on the end-user while the work is performed and the effect of the work on the restored system or application. Telephone numbers of project managers and key staff involved in the activity. Approval Authority Any and all activities being performed must be supported by an approved CMR document. Page 40 of99

103 Broward County Office of Communications Technology (OCT) Change Request Form Note: Complete and submit to the Broward County Office of Communications Technology at All Change Requests submitted prior to Wednesday are reviewed during the Thursday morning conference calls and either approved or returned for modifications. Please allow a minimum of ten (10) business days from the date of approval for your Maintenance Window to be scheduled. Any work performed on the Public Safety Communications Network, its supporting infrastructure, or the application servers must be documented and approved in a CMR. Today's Date and Time: Reguestor Name: Reguestor Com~any Name or Agency: Reguestor Reguestor Phone Number: Office: Mobile: Briefly describe the Work to Be Performed: Identify End-Users & sites impacted by the work to be performed: Page 41 of 99

104 What is the expected and desired end result of the Work to be Performed? Identify any loss or degradation of functionality and the impact on end-users during the Maintenance Window: Name & Contact Number: Identify your On-Site Contact during the scheduled Maintenance Window: Start Date & Time: Requested Maintenance Window for Work to be Performed: Stop Date & Time: Start Date & Time: Approved Maintenance Window for Work to be Performed: Stop Date & Time: Maintenance Window Approved By: Date: Page 42 of99

105 I Assigned MOP Tracking Number: Method of Procedure - for Primary Contractor or Service Provider Note: An MOP must be completed for each Contractor or Service Provider working on a specific project. Use electronic attachments as needed. Company or Agency Name: Project Manager Name: Project Manager Office Phone Number: Project Manager Mobile Phone Number: Project Manager Detailed Project DescriQtion Specify each step in the MOP Work Process. Attach additional pages or any supporting documents as needed: Page 43 of 99

106 Describe back-out and restoration plans if stated project goals are not achieved within the allotted Maintenance Window: OCT to complete Items 1 through 10. Below: (2) Name: (1) OCT Contact for Project: (3) Mobile Phone Number: (4) (6) FYI - Non-Service Affecting: D (7) Scheduled - Potential Service Affecting: D (5) MOP Type: (8) Scheduled - Service Affecting: D (9) Scheduled - Outage Required: D Reviewer Comments: (10) Emergency: D Method of Procedure Approved By: Date Approved Page 44 of99

107 Exhibit E Project Charter PROJECT CHARTER [ Note: All fields in blue text must be filled in.} What department is the primary proponent of this project? (Enter onej Who, within that department, is the Project Sponsor? (Note: This person must be a decision-maker with the authority to commit department resources.) Is this a Regional Project, i.e. does it have significant impact on regional applications or resources (Y/N)? Page 45 of 99

108 Agency Lead: Regional Applications / PSI Manager: Proj ect Lead: others: Key Players from the City Agency Lead: TechLead: Tech Lead: se / Business Justification Page 46 of99

109 Deliverables Clear Statement of What This Include Success Milestones Page 47 of 99

110 External List of events that should take place in chronological order: Funding Source Operating Budget, Capital Budget, Grant, Other. Estimate of Cost Return-on-Investment (RO!) Data Page 48 of99

111 Role Hours needed 6. Estimated Total Cost of Ownership (TeO) 5-Year - Provider (BC-OCT) ~rhe ()PEX figures bejo'lloifiy7j3fjr~entthep}i;jv}clfjic:ij5~~ atid~opexb8ied ()nft;irciwafe,~oftware;l~nclj}2i; ; ~".., c professi911aj services.. ~. i.' <. ; ~::~~ ~ii:':.;c".'.;c.:.~;{ i :=~ ~~. ~. :J~ Calendar Year (1, 2, 3) or Fiscal Year Capital ($U.S.) Operational ($U.S.) ( , ) Totals $0 $0 7. Estimated Total Cost of Ownership (TeO) 5-Year - Client (City) C7he()PEX figures be/ow oijly,.epresent themonthlyrectj"ingc~st for aircaidsanddoes not represent the anl1uiic. ~p&mexpeilse1ofsoftware andhijr(fware de';icfis:*.. :, ;;c~;,:ci~"x';... '.,... ;~;c. '...J~:'i;;f...},;~~~. " Calendar Year (1,2,3) orfiscal Year Capital ($U.S.) Operational ($U.S.) ( , ) $0.00 $ $0.00 $ $0.00 $ $0.00 $ $0.00 $0.00 ~~. Totals $0.00 $0.00 Page 49 of 99

112 Sole-Source I Amend Contract Vendor-Managed and Hosted Organization-Managed, Vendor-Hosted Vendor-Managed, Organization-Hosted RFP I Competitive Bid In-House I Custom-Develop Other: Turnkey Solution Vendor-Assisted (Fixed Price) Supplemental Staffing (Time/Materials) Hardware / Software Other: None I Not Applicable Business Sponsor Business Sponsor Program Manager Agency Sponsor Agency Sponsor Document Name Filename and Location Page 50 of99