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HomeMy WebLinkAboutItem #07 Approval of Interlocal Agreement Between City of Ocoee and Orange County Regarding Radio Tower Antenna center of Good!./ ",'c>e r- ~ t-~ ~ AGENDA ITEM COVER SHEET Meeting Date: March 17, 2009 Item # '7 Contact Name: Contact Number: Charles K. Smith, P.E. 407 -905-3159 Reviewed By: Department Director: City Manager: Subject: Interlocal Agreement between the City of Ocoee and Orange County Regarding a Radio Tower.Antenna Background Summary: Orange County has constructed a new tower site at 475 Story Road, Orange County Services Building, and has agreed to allow the Fire Department and the Utilities Department to locate antennas on the tower. The Fire Department antenna will provide radio communications and the Utilities antenna is needed for the FlexNet meter reading system. The Interlocal Agreement will formalize the conditions to allow the two antennas. The County will own and maintain the grounds, while providing access to the City. Issue: Should the City Commission authorize the Mayor to execute the Interlocal Agreement between Orange County and the City Regarding a Radio Tower Antenna? Recommendations: Motion to accept and authorize Mayor to execute the Interlocal Agreement between Orange County, Florida and the City of Ocoee, Florida regarding A Radio Tower Antenna. Attachments: Interlocal Agreement from Orange County. Financial Impact: No fiscal impact directly from executing the Interlocal Agreement. Type of Item: (please mark with an "x'J Public Hearing Ordinance First Reading Ordinance Second Reading Resolution Commission Approval Discussion & Direction For Clerk's De!)t Use: Consent Agenda _ Public Hearing _ Regular Agenda Original DocumenUContract Attached for Execution by City Clerk ~ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A 1 INTERLOCAL AGREEMENT between ORANGE COUNTY, FLORIDA and THE CITY OF OCOEE, FLORIDA regarding A RADIO TOWER ANTENNA THIS lNTERLOCAL AGREEMENT is made and entered into this day of 2009, by and between ORANGE COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida hereinafter (the "County"), whose principal address is 201 South Rosalind Avenue, Orlando, Florida 32801, and CITY OF OCOEE, FLORIDA, hereinafter ("City"), a city created and existing under the laws of the State of Florida whose principal address is 150 N. Lakeshore Drive, Ocoee, Florida 34761. RECITALS WHEREAS, the County and the City have authority, pursuant to Section 125.01, Florida Statutes, to enter into agreements; and WHEREAS, the County and the City have authority pursuant to Section 163.01, Florida Statutes, to enter into interlocal agreements; and WHEREAS, the County has a Radio Services Unit that constructed a new tower site at 475 Story Road, Ocoee, Florida 34761; and WHEREAS, the City has a Utilities Department that expressed a desire to co-locate facilities and the County has agreed to provide access. The goal of this Agreement is to utilize shared facilities that will enhance future development. NOW, THEREFORE in consideration of the covenants and conditions contained herein, lof6 the parties hereby agree as follows: Section 1. Radio System Support and Components. A. County Obligations. 1. The County shall own and maintain the grounds of 475 Story Road, hereinafter referred to as ("the Site"). 2. The County shall provide access to its facility gates at the site. B. City Obligations. 1. between the agencies. The City shall provide a liaison for the County to coordinate efforts 2. The City shall install two (2) antennas for the Fire Department communication and Utilities Department's radio read meter system. It is anticipated that the Fire Department's antenna will be at one hundred eighty feet (180') in height and the Utilities Department's will be near two hundred seventy feet (270') in height. Each antenna will require an above-ground vault which both shall be installed on a single ten feet (10') by ten feet (10') concrete slab per Exhibit "A" attached. A location has been planned for the west side of fenced enclosure. County reserves the right to provide specific location before City commences construction. The proposed outdoor antennas and enclosure vaults are provided in Exhibit "B" attached. 3. The City shall arrange for their electrical and telephone service to support their equipment and enclosure box. 4. Any UPS system(s) associated with the City equipment remains property of the City. Any repairs, replacement parts, vendor support, and battery replacement is the responsibility of the City. 5. The City of Ocoee will be responsible for any radio frequency interference studies to be performed prior to installation of the antenna. 6. If required, the City will be responsible for site mapping study prior to installation. 7. All radio frequencies licensed to the City will remain the property of the City. Therefore, the City is required to ensure that the licenses remain current and do not lapse. The City will be solely responsible for any/all fines or fees associated with the renewal or lapse of licenses. 20f6 8. The City agrees that the antenna installed by the City on the County tower, and the City enclosure box or cabinet housing the City equipment, remains the sole responsibility of the City including utility services, maintenance, etc. 9. The City will report all disputes, questions, or concerns of this Agreement to the County Radio Services Supervisor for resolution. 10. Antenna and antenna line repairs, which are related to the City system, will be the responsibility of the City. And all costs associated with tower climbs and/or repairs will be the financial responsibility of the City. 11. The City will pay any monthly fees and/or recurrIng cost for telephone type circuits associated with their service. 12. Payments for all costs, design, and permits associated with the City's antennas and supporting improvements shall be the sole responsibility of the City. Section 2. Third Party Access. Access to the County property by a third party vendor supporting the City shall be limited to City-authorized personnel for the purpose of installing, operating, and maintaining the telecommunication equipment and antenna system. Access to the radio tower site shall be secured by locked entrances with access to be coordinated with the City's designated contact person twenty-four (24) hours in advance for maintenance of the radio tower site; except, however, in case of an emergency whereupon notification shall be given as soon as possible to Public Safety Communication's staff. All persons accessing the radio tower site must possess proper picture identification prior to entering tower site. The County reserves the right to impose additional, future site security and access criteria upon the City, its employees, agents or contractors. Section 3. Term and Discontinuation of Usage. A. The term of this Agreement shall be ten (10) years from the date of execution of the last signing party. The City shall provide notice to the County of their intent to renew this Agreement six (6) months prior to end of the Agreement. County shall approve or deny the City's request for renewal within sixty (60) days of receipt of said request. The initial term of this Agreement shall be for ten (10) years with the option to renew for two additional five (5) year periods. The length of the entire Agreement shall not exceed a total of twenty (20) years. B. The County and/or City reserves the right to terminate this Agreement at any time during the life of this Agreement for convenience with one hundred eighty (180) days notice period. Prior written notice to be provided to the City and/or to the County. Section 4. Indemnification. Each party agrees to defend, indemnify and hold harmless the other party, its officials and employees from all claims, actions, losses, suits, 30f6 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 Agreement. 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. Section 5. Amendments and Notice. This Agreement shall not be amended unless in writing approved by the Orange County Board of County Commissioners and the City Council of the City of Ocoee, and fully executed by their legally authorized representatives. Notices shall be addressed as follows: If to County: Manager, Orange County Public Safety Communications Division 911 Administration Radio 3511 Parkway Center Court Orlando, Florida 32808 With Copy to: County Administrator Orange County Administration Center P.O. Box 1393 Orlando, Florida 32802-1393 Facsimile: (407) 836-7399 If to City: City Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761-2223 With copy to: Fire Chief City of Ocoee 563 S. Bluford Avenue Ocoee, Florida 34761-2715 and Utilities Director City of Ocoee 1800 A. D. Mims Ocoee, Florida 34761-4001 In all cases, notices shall be deemed delivered to a party only upon delivery of copies to the persons indicated above in the same manner as for the party being notified. Either party may 4.of6 change its designated official or address for receipt for notice by giving notice of such change to the other party in the manner provided in this section. Section 6. Effective Date. This Interlocal Agreement shall become effective on the date of full execution by both parties. Section 7. Entire Agreement. This Agreement contains the entire agreement between the parties. No promises, representations, warranties or covenants not included herein have been or shall be relied upon by either party. None of the provisions, terms and conditions contained in this Agreement may be added to, deleted, modified, superseded or otherwise altered, except by written amendment executed by the parties hereto. Such amendment(s) are not valid, binding, and enforceable against the County unless executed by an authorized County representative and expressly approved by the County's Board of County Commissioners. Section 8. Assignment. Neither County nor City shall assign or transfer any interest or rights under this Agreement to any person or entity without prior written approval of the other party. Section 9.. Venue. The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the provisions of this Agreement will be held in Orange County, Florida. Venue for any litigation involving this Agreement shall be the Ninth Judicial Circuit Court in and for Orange County, Florida IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year indicated below. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Richard T. Crotty Orange County Mayor Date: A TTEST: Martha O. Haynie, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Date: 50f6 ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY ON this _ day of ,2009. FOLEY & LARDNER LLP By: City Attorney APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor DATE: APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ,2009, UNDER AGENDA ITEM NO. 60f6