Okaloosa County BOCC — October 15, 2013 — SLERS Radio Antenna Agreement — reading text

INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND FIRE DISTRICT FOR RADIO ANTENNA THIS INTERLOCAL AGREEMENT (“Agreement”) is made this 10" day of September, 2013, by and between the Okaloosa Board of County Commissioners, (the “County”) and the Destin Fire Control District, (the “Fire District”). WITNESSETH WHEREAS, pursuant to Section 163.01 et seq., Florida Statutes, the County may enter into agreement with other governmental agencies within or outside the jurisdictional boundaries of the County to enable them to cooperate on a basis of mutual advantage and provide services that will work best in the view of geographic, economic, and other factors influencing the needs of the local communities; and WHEREAS, the Fire District received Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program (AFG) funding for a State Law Enforcement Radio System (SLERS) antenna (“Radio Antenna”); and WHEREAS, the SLERS system is utilized by state and local agencies, including all Fire Departments in Okaloosa County, Okaloosa County Emergency Medical Services, and the Okaloosa County Sheriffs Office; and WHEREAS, the Fire District established an agreement with the One Water Place Condominium Association, Inc., a Florida non-profit corporation to lease a portion of the common areas of the condominium as the facility to house the Radio Antenna; and WHEREAS, pursuant to Section 318.21(09), Florida Statutes, the Okaloosa County Department of Public Safety is participating in the Intergovernrnental Radio Communications Program through the State of Florida Department of Management Services, Telecommunication and Wireless Division. Funding through this program assists with the development. of shared facilities, frequencies, and mutual aid systems while providing a segue for utilizing the radio frequency spectrum in a more efficient manner. ‘ NOW, THEREFORE, in consideration of these premises and the mutual covenants of the . parties it is agreed as follows with regard to the Radio Antenna. Agreement: 1. Recitals. The above Recitals are true, correct and incorporated herein by - teference. . 2. Grant. The Fire District applied for and received FEMA AFG funding to erect a SLERS radio antenna at One Water Place Condominiums in Destin. The grant provides 80% of project funding with a required 20% funding match. The 80% project funding from the grant is $316,985.00. 3. ° Funding’ Match. Upon completion of the construction and full functional operation of the Radio Antenna, the County agrees to commit the 20% match with funding from the Intergovernmental Radio Communications Program in the amount of $81,284.50. Said funding shall be remitted within ten (10) days of written notification of completion of construction and full functional operation. 4. Choice of Law. This Agreement shall be construed in accordance with the applicable laws of the state of Florida. If any provision of this Agreement violates any statute or rule of the state of Florida; it is considered modified to confirm to that statute or rule of law. 5. Entire Agreement, This Agreement represents the entire and integrated . agreement between the County and the Fire District and supersedes all prior negotiations, representations or agreement, either written or oral. Any amendments, modifications, additions ~ or alteration of this instrument shall be in writing executed with the same formalities as this - Agreement. 6. WAIVER _OF JURY TRIAL. THE COUNTY AND THE FIRE DISTRICT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT ANY OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 7. Rules of Construction. Each party to this Agreement and their counsel have reviewed and revised this.Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement. 8. Severability, If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the _ remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOEF, the parties hereto have caused this Agreement to be executed by their appropriate officials, and shall become effective upon the adoption by signature of all parties listed. Signed and executed: ~ Date: ATTEST: Date: September, 10, 2013 arstyhadlyr 7 Wagner Kathryn L. Wagner, District Clerk _ OKALOOSA COUNTY BY: CHAIRMAN DESTIN FIRE CONTROL DISTRICT BY: pn aed Thomas Green, Chairman