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HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY ON BEHALF OF THE BROWARD COUNTY SHERIFFS OFFICE AND THE CITY OF MIAMI TO ESTABLISH DISASTER RECOVERY SITES THIS AGREEMENT, entered into this day of , 2006, by and between Broward County, a political subdivision of the State of Florida ("County"), on behalf of the Broward Sheriffs Office ("BSO"), and the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter the "City"). WHEREAS, BSO and the City 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, the City's site will be located at the Miami Police Department, 5TH Floor, Computer Room, 400 N.W. 2 Avenue, Miami, Florida; and WHEREAS, the site being made available in Broward will be located at the Broward Sheriffs Office, 2601 West Broward Boulevard, Ft. Lauderdale, Florida; and NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: 1. The Broward Sheriffs Office ("BSO") and the City agree to cooperate in good faith to establish and operate a Disaster Recovery Site for their respective agencies. The purpose is to provide at a minimum costs a Disaster Recovery Site in order to benefit their respective citizenry. 2. BSO and the City will allow the involved parties to place Information Technology hardware (servers, SANs, tape libraries, networking equipment, etc.) at the Production IT i(: 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. 3. Neither agency will charge a fee for hosting the equipment (no fee for floor space, electrical, air conditioning, etc.). 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. 5. Procurement of all equipment needed to operate the "guest environment" at the host facility will be the responsibility of the guest agency. 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. 7. Each agency will be responsible for providing an access list of authorized agency personnel which should have access to the "guest equipment" at the host site. TERM 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 2 termination. Upon termination, the parties will cooperate in good faith to ensure the return to each respective agency's equipment. INDEMNIFICATION The City shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this agreement by the City or its employees, agents, servants, partners, principals or subcontractors. The City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 F. S., subject to the provisions of that statute whereby the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the City. 3 The County shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this agreement by the County or its employees, agents, servants, partners, principals or subcontractors. The County shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 F. S., subject to the provisions of that statute whereby the County shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the County. GOVERNMENTAL 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 4 Act," sections 164.101 -- 164.1061 of Florida Statutes, as amended from time to time, shall be exhausted. IN WITNESS WHEREOF, the parties hereto have executed these presents this day of , 2006. City of Miami, Florida Broward Sheriffs Office, Florida By: By: Name: Pedro G. Hernandez, City Manager Name: Kenneth C. Jenne, II, Sheriff Date: Date: ATTEST: ATTEST: Priscilla A. Thompson City Clerk Approved as to Form and Correctness: Approved as to Form and Correctness: Jorge L. Fernandez Broward County Attorney City Attorney Approved as to Insurance Requirements: Approved as to Insurance Requirements: LeeAnn Brehm Director Risk Management Risk Management 5