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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS, FLORIDA AND THE CITY OF MIAMI TO ESTABLISH DISASTER RECOVERY SITES THIS AGREEMENT, entered into this day of , 2008, by and between the City of Coral Springs, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "Coral Springs;" and the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns, hereinafter referred to as "Miami." WHEREAS, Coral Springs and Miami have agreed to cooperate in good faith to establish and operate a Disaster Recovery Site for their respective agencies; and WHEREAS, the purpose of these sites are to provide at minimum costs a Disaster Recovery Site in order to benefit their respective citizenry. WHEREAS, Coral Springs' site will be located at 2801 Coral Springs Drive, Coral Springs, Florida 33065. WHEREAS, Miami's site will be located at the Miami Police department, 5th Floor, Computer Room, 400 N.W. 2 Avenue, Miam4Florida, and WHEREAS, it is the purpose and intent of this Interlocal Agreement, and the parties hereto, pursuant to the Florida Interlocal cooperation Act of 1969, as amended, codified as Section 163.01, Florida Statutes, to permit the parties to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein in the manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, and covenants hereinafter set forth, Coral Springs and Miami agree as follows: 1. Purpose: Coral Springs and Miami agree to cooperate in good faith to establish and operate a Disaster Recovery Site for their respective agencies. The purpose is to provide at minimum costs a Disaster Recovery Site in order to benefit their respective citizenry. 2. Scope of Services: 2.1 Both parties acknowledge and pledge to cooperate and foster the exchange of communication and information between the parties. Disaster Recovery Sites/City of Miami Doe. # 91324 File Page 1 of 6 2.2 Coral Springs and Miami will allow the involved parties to place Information Technology hardware (servers, SRNs, tape libraries, networking equipment, etc.) at the Production IT facilities of the other agency. This equipment will be treated as Production equipment by the host agency; ensuring that the same due care and environmental conditions are maintained for the guest equipment as is maintained for the host's production equipment. 2.3 Neither party shall pay a fee for hosting the equipment (i.e. environmentals) so long as the rack space required by each party maintains a one to one (1:1) ratio. It shall be at the discretion of the host site as to whether the number of racks may be increased beyond the one to one (1:1) ratio. For each rack that exceeds the one to one (l:l) ratio, the party requiring more racks shall be assessed a $325 fee per month. 2.4 Each agency will contract with their respective communications service vendor directly for all communications lines connecting the host site to that agency's production network. Each agency shall be responsible for their respective communication costs (i.e. providing Metro Ethernet) in regard to the guest equipment. 2.5 Procurement of all equipment needed to operate the "guest environment" at the host facility will be the responsibility of the guest agency. 2.6 Floor space provided will be mutually agreed upon by both agencies. Each agency will provide a comprehensive list of the equipment to be located at each host site. This equipment list shall include the dimensions, electrical and cooling requirements of each item hosted. 2.7 Each agency will be responsible for providing an access list of authorized agency personnel who shall have access to the "guest equipment" at the host site. Both parties shall provide reasonable access to the location of the host site. Each party shall provide to the other party background checks on those personnel which shall have access to the host site. Those having access shall prominently display their city -issued identification at all times when on the premises of the host site. 2.8 Either party shall provide twenty-four hour (24) hour notice of its intention to operate in disaster mode. For purposes of this Agreement, disaster mode shall mean a time until the disaster is averted in which the guest party shall be provided unlimited access to its equipment at the host site. 3. Term of Agreement: Disaster Recovery Sites/City of Miami Doc. # 91324 File Page 2 of 6 The term of this agreement shall be for a period of one (1) year, with the option to renew for five (5) additional one-year periods. Due to the efforts required to relocate the respective equipment in the case of termination of this agreement, a written notification of intent to terminate must be provided with a minimum of nine (9) months advance notice of said termination. Upon termination, the parties will cooperate in good faith to ensure the return to each respective agency's equipment 4. Notices: Unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the parties as hereinafter provided, postage prepaid, certified or registered mail, return receipt requested, and shall be effective when deposited in the United States mail: Notices to Coral Springs shall be sent to: Bryan Sastokas, Chief Information Officer City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Notices to Miami shall be sent to: Pedro G. Hernandez, City Manager City of Miami Attention: Peter W. Korinis, Chief Information Officer 3500 Pan American Drive Miami, Florida 33133 5. Indemnification: To the extent permitted by law, each party to this Interlocal Agreement shall indemnify and save each other harmless, including its officers, employees and agents from and against, any and all claims, injuries, damages, omissions, actions or causes of action arising out, or as a result of the legal responsibility of each party under this Interlocal Agreement. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Florida Statutes (2008). 6. Prior Agreements: It is understood and agreed that this document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Interlocal Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Disaster Recovery Sites/City of Muni Doc. # 91324 File Page 3 of 6 Amendments: It is further agreed that no modifications, amendments or alternations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8. Recording: This Agreement shall be recorded in the public records of Broward County, Florida and Miami -Dade County, Florida and shall be binding upon the successors and assigns of Coral Springs and Miami. 8. Applicable Law and Venue: This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. Venue for litigation concerning this Agreement shall be in Broward County. 9. Disputes: Prior to any party filing suit against the other asserting any claim arising under this Agreement, the procedural options required by the "Florida Governmental Conflict Resolution Act, "sections 164.101-164.1061, Florida Statutes, as amended from time to time, shall be exhausted. Disaster Recovery Sites/City of Miami Doc. # 91324 File Page 4 of 6 IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS, FLORIDA and THE CITY OF MIAMI, have caused this Interlocal Agreement to be executed, the day and year first above written. ATTEST: CITY OF CORAL SPRINGS PETER M_ J. RICHARDSON, CRM, SCOTT J. BROOK, Mayor City Clerk APPROVED AS TO FORM: Assistant City Attorney State of Florida County of Broward The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of Florida, on this the day of , 20 , by Scott J. Brook, and Peter M. J. Richardson, CRM, Mayor and City Clerk, respectively. Disaster Recovery Sites/City of Miami Doc. # 91324 File Notary Public, State of Florida Printed Name of Notary Public Individuals Who Signed Are Personally Known Page 5 of 6 ATTEST: Priscilla A. Thompson City Clerk Date: APPROVED AS TO FORM AND CORRECTNESS: Julie O. Bru City Attorney State of Florida County of Broward CITY OF N E AMI, FLORIDA, a municipal corporation Pedro G. Hernandez City Manager Date: Peter W. Korinis Chief Information Officer Date: APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm Risk Management Administrator The foregoing instrument was acknowledged before me, the undersigned notary public in and for the State of Florida, on this the day of , 20____, by Notary Public Seal of Office Disaster Recovery Sites/City of Miami Doc. # 91324 File Notary Public, State of Florida Printed Name of Notary Public Individuals Who Signed Are Personally Known Identification Produced Page 6 of 6