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Radio System County MOU Statewide Law Enforcement Radio System (SLERS) MEMORANDUM OF UNDERSTANDING THIS Memorandum of Understanding (MOU) is made and entered into between the Okeechobee County, "County and the City of Okeechobee "Agency WITNESSETH WHEREAS, both the County and the Agency have each determined that it is in their best interest and the best interest of the citizens of Okeechobee County to standardize the radio communications systems used by each with the Florida Statewide Law Enforcement Communications System "SLERS and WHEREAS, both the County and the Agency have obtained authorization from the State of Florida Department of Management Services "DMS to add a specified number of radio units to the SLERS system; and WHEREAS, both the County and the Agency have, or will, enter into a Wireless Services Agreementwith Harris Corporation, the state authorized provider of equipment and services for the SLERS system (the "Provider to purchase the communication equipment and installation necessary for the Agency's needs; and WHEREAS, the County has obtained a federal grant administered through the state to fund approximately 75 percent of the cost of the equipment necessary for the County, the Agency, other local agencies as well as the construction of a new communications tower to enhance the existing coverage of the SLERS system; and WHEREAS, Okeechobee County has agreed to facilitate the equipment acquisition for the Agency with the Provider and assist the Agency in the purchase and installation of such equipment through its grant. NOW, THEREFORE, in consideration of the premises, and in consideration of the mutual conditions, covenants and obligations hereinafter expressed, it is agreed as follows: 1. That the foregoing recitals are true and correct and constitute a material inducement for the parties to enter into this MOU. 2. That upon execution by the Agency of its Wireless Services Agreement with the Provider, the County will order and coordinate with the Provider the installation of the communications equipment attached as Exhibit "A" to this MOU. The County shall utilize the portion of its grant award shown in Exhibit "A" to fund the approximately 75 percent of the Agency's equipment with the Agency being responsible for the balance. Additionally, the Agency will be responsible for its pro rata share of the system infrastructure deployment, new tower together with its equipment requirements which are also shown on Exhibit "A." Any differences (SLERS) Page 1 of 3 between Exhibit "A" and the Exhibit attached to the Wireless Services Agreement with the Provider shall be reconciled, however increases in cost due to equipment additions, changes or enhancements shall be the sole responsibility of the Agency. 3. That upon receipt of an invoice and supporting documentation from the Provider, the County shall advance and pay from its grant award the percent shown on Exhibit "A." The County shall thereafter make a request for payment of the balance and provide a copy of the invoice and documentation to the Agency containing sufficient detail to enable the Agency to determine and audit that the remaining amount sought is within the scope and intent of this MOU. 4. That the Agency shall pay the County within ten (10) days from delivery of the request and supporting documentation. In the event that the Agency objects to a component of an invoice or supporting documentation, it shall pay the County for all but the objectionable portion and shall provide the County in writing with the basis for the objection. 5. That the County's obligation to fund the Agency's equipment purchase and installation under this MOU shall not exceed the amount shown in Exhibit "A" without the further approval of the parties and is expressly conditioned upon its actual receipt of the grant funds awarded. 6. The agency acknowledges that it is solely responsible for any and all monthly subscriber access /user fees due to the Provider for system operation as well as any other Agency costs including, but not limited to, dispatch, Agency terminal maintenance, and Agency equipment replacement costs and that the County makes no warranty, express or implied as to the nature, condition, or capabilities of the SLERS system, the equipment provided under this MOU or the Wireless Services Agreement with the Provider. 7. That for the period of time the Agency remains a subscriber utilizing the SLERS system, it shall appropriate and pay its pro -rata share of annual tower and tower equipment maintenance costs, if any, not borne by the state or the Provider. The percentage of responsibility shall be calculated based upon the number of radio units authorized by DMS for the Agency to the total number of radio units allocated by DMS to the County, City of Okeechobee, Okeechobee Utility Authority, Okeechobee School Board and the Okeechobee County Sheriff's Department. This provision shall not be construed to prevent the Agency from terminating this MOU after system activation in conjunction with termination of its Wireless Services Agreement with the Provider and ceasing to use the SLERS system. At such time as the Agency ceases to use the tower or tower equipment, it shall have no further obligation to pay its pro -rata share of annual tower and tower equipment maintenance costs. Co- location revenue, if any, shall be apportioned to each Agency in the same manner as costs are allocated. (SLERS) Page 2 of 3 8. That the Agency shall timely pay the Provider and the County as agreed and upon activation, shall utilize the SLERS system and equipment acquired in accordance with the rules and regulations promulgated by DMS and the Provider. 9. Each party agrees to defend, indemnify and hold harmless the other party, its officials and employees from all claims, actions, losses, suits, judgments, fines, liabilities, costs and expenses (including attorney's fees) attributable to its negligent acts or omissions, or those of its officials and employees acting within the scope of their employment, or arising out of or resulting from the indemnifying party's negligent performance under this MOU. Nothing contained herein shall constitute a waiver of sovereign immunity or the provisions of Section 768.28, Florida Statutes. The foregoing shall not constitute an agreement by either party to assume any liability for the acts, omissions and/or negligence of the other party. IN WITNESS WHEREOF, this MOU has been executed by and on behalf of the County and the Agency on this 3r day of November, 2009. BOARD OF COUNTY COMMISSIONERS OKEECHOBEE COUNTY, FLORIDA drT: By: 0 e► CLIF titTTS, Chairman aron Robertson, Clerk, Board of County Commissioners (Seal) CITY OF OKEECHOBEE, FLORIDA ATTEST: i By: Ai JAMES E. ILRRK, Mayor Lane t iotea, Ci Clerk, REVIEWED OR G UFFICIENCY: 4 JOHN R. COOK, City Attorney (SLERS) Page 3 of 3 Exhibit A City Entity Contribution Enter notes here: Item 1 1 Dexrlp41on I Category Cost 'State Paying I Count cost 'Your rim'. ConMbudon System infrastructure deployment planning, coordination 1 1 and mana4ement fee: I 53,423,717.491 53.138,973.991 5284.743.501 10.34% 529 2' Dispatch Center I 5184,063.26{ 5147,250.611 $36,812.651 33.33 %I 512,270.88 31 Subscriber Usage I 57884.001 56307.201 11.576.801 100.00 %1 11.576.80 41 Subscriber Radios Percent of Total: 10 15.8696 I 5346,763.46{ 5277.410.771 569 ,352.691 100.00%1 569352.69 Entity Total :1 $112,642.85 Total Radios: 'Soares 1 1121 Description 1 cii 0 EaWpment Detail Spefes Unit Sal. ITOtal Sale 1 N/A C v Fire Rescue Backup Control Stations 511,414.z6{ 813,414.26 Mobile. M7300.DES.764- 870MH1.Half Duplex Feature- ProSan Roam w /Priority Sys Scan Feature Maxf1024+1 System /Groups Feature, EDACS Security Key 1 1 1 Feature PackageP25 Trunking ProVoice 1 1 Desktop Statlon.CS- 7000.Loal /Remote 1 Control Unit CH721.San.Front Mount Mkaophone.Deskt0o,M7300.CH -721 CU Bracket KIt.Rac k Ma1m.CS -7000 ANTENNA.YAGI 806- B66MHZ.6DB 8610 Open Rack with Shelves ICable.CAN.250ft 'Mounting Hardware (Jumpers and Connectors !Transmission Une IControl Head Power Supolv (Remotel lGrounding Hardware I t 1Installatlon and Programming I 1 1 NIA Utv FN Resew Control Stotler 59 494.261 59.464.26 MobIle.M7300.764- 870MHz.Hatt Dplx.N° Enc Feature.Proian Roam w/Priorlty Sys Scan Feature Max11024 +1 System /Groups Feature EDACS Security Keg Feature Package.P25 Trunking ProVolce Desktop Station C5- 7000.1oaI /Remote Control Unit CH7215an.Front Mount Microphone Desktoo.M7300.CH -721 CU ANTENNA YAGI.806-866MHZ 6DB Mounting Hardware Jumpers and Connectors Transmission Une Grounding Hardware Installation and Programming 6 1 CM Fire Rescue Mobiles 1 53,995.341 $27,96736 s, q,�, a Moblle,M1300,764-870M919 11 Dnlx,N0 Enc Feature.ProSCan Roam w /Priority Sys Scan 1 I I I I Peature.M' x(1024+1 System /Gmuos I I I 1 Feature. EDACS Security Key 1 1 1 I Feature Package P79 Trunking ProVoice 1 1 Control Unit.CH721 San.Front Mount 1 I Acceuorles.M7300 Front Mount 1 I Microohone.Standard.CH721 Control Unit 1 1 1 1 Antenna.700 /800MHz.3dB Gain.Roof Mount 1 1 I I Installation and Programming 1 1 6 1 0 CM Fro Resew Portables 1 53,931.15 531,446.20 y,„,,, y Portable P7250,764- 870MH1.San 1 Feature.Max(1024+1 System /Groups 1 1 Feature.ProSan Roam w /Priority Sys Scan 1 1 Feature.ESK/P25 Personality Lock 1 1 Feature Paccage.P25 Trunking ProVoice 1 I Option.Immersible Radio Operation 1 1 Battery NIMH.Extra High Capacity 1 1 Antenna.806- 670MHz.Flexible End -Fed Gain 1 1 Miaophone.Lapel /Antenna Provision 1 1 Chareer .Tri -Chemistrv.Sinele.P7200 1 I Case.Stnd,Leather,Belt loon swivel 1 1 Proeramming 1 I N/A 0 lClte Fine Resew Chimer.Tr4gramthv.6 -Pool. P7200 1 5596.25 50.001 1 N/A Cho Polon Deesrapant Radom Control notions 1 511,41426 011.414,26 1 Mobile.M7300.DES.764-870MH1 -Half Duplex Feature.ProSan Roam w /Priority 5vs Scan Feature- Max(1024+) System /Groups Feature. EDACS Security Key Feature Packaee.P25 Trunking ProVoice Desktoo Station CS-7000 Local/Remote Control Unit CH721.San.Front Mount Microphone- Desktoo.M7300.CH -721 CU Bracket Kit Rack Mount.CS -7000 ANTENNA.YAGI.806- 866MHL6DB 8610 Open Rack with Shelves Cable.CAN,250R Mounting Hardware Jumpers and Connectors Transmission line Control Head Power Suooly (Remote Grounding Hardware Installation and Programming Exhibit A City 1 1 N/A City Polka Deoartinarrt Control Stations 1 59,863.261 59.883.26 Mobile.M7300.DES,764- 870MHx.Half Duplex Feature,ProScan Roam w /Prlorfty Sys Scan Feature.Maxt1024 +I System /Groups Feature. EDACS Security Key Feature Package.P25 Trunkine ProVoice Desktop Statlon.CS- 7000 ,LOOl /Remote 1 Control Unit CH721,San,Front Mount 1 Mlcroohone.Desktoo,M7300,CH -721 CU 1 I ANTENNAYAG1,806- 866MHZ.6D8 1 1 Mounting Hardware 1 1 Jumpers and Connectors Transmission line Groundine Hardware 1 Installation and Programming 1 I 21 2 Cite Ponta Deoarbusat Mobiles 54,479.09 5103019.07 Moblle.M7300,DES 764- 870MHZ.Half Duplex Feature ProScan Roam w /Priority Sys Scan Feature,Max11024+l System /Groups Feature EDACS Security Key Feature Package P25 Trunkine ProVoice Control Unit Mount AccessorleeM7300 Remote Mount Miaoohone.Standard.CH721 Control Unit Antenna.700 /800MHZ.3dB Gain.Roof Mount Installation and Programming 27 0 OM Polka Dawr4egnt Portables (Enderlin' Batteryl 54,088.65 5110,393.55 Portable 64B -DES P7250 764-870MHz.San Feature Maxt1024-s) System /Groups I Feature.ProSan Roam w /Priority Sys Scan Feature,ESK/P25 Personality Lock 1 1 Feature Package P25 Trunkina ProVoice 1 1 Antenna.806- 870MHz,Flexible End -Fed Gain Microohone,lapel /Antenna Provision Earphone. Lapel Microphone Charger .T Chemistrv.Single.P7200 Case Stnd,Leather.Belt Loop Swivel 1 1 Programming 27 0 TE 3200mMR 114on Battery for City Polka DasabMnt Portables 562.401 51,694.51 N/A 2 Otv Polka aserear.Tl -Cbe nWN.6 -►Kk. P7200 5596.251 51,192.50 3 1 Oty Pubsc Works Mobiles 53,995.341 515,99136 .,a ��w 4 Mobile,M7300.764$70MHz.Half Dplx,No Enc Feature ProScan Roam w /Priority Svs Scan 1 Feature Max11024r1 System /Groups Feature. EDACS Security Kew Feature Padrage,P25 Trunkine ProVoice Control Unit.CH721 Scan,Front Mount 1 Accessories.M7300 Front Mount 1 Microphone Standard.CH721 Control Unit 1 I Antenna,700 /800MHx.3d6 Gain Roof Mount 1 1 Installation and Protrammine 1 1 4 0 air Public Worm l urtebles I 53,222.391 512.8556 L,r Portable,P5250,ProVolce.764- 870MHz 1 I Feature- ESK/P25 Personality Lock 1 1 Feature. ProRoamIProSCan /PrioritxSVSScan1 1 I Feature 512 EDACS Sws/Grps 1 1 1 Batterv.NiMH,Extra HI Capadty.DR Charger TN- Chemistry- Sinale,P5100 /P5200 Antenna- 806- 870MHz.Flexible End -Fed Gain Microohone.lapel 1 Case,Stnd.Leather,Belt loop Swivel Programming 5346,763.46