INTERLOCAL AGREEMENT FOR MUTUAL USE OF CITY OF CLEARWATER EOC DATA CENTER AND PINELLAS COUNTY PUBLIC WORKS COMPLEX DATA CENTER DocuSign Envelope ID:26D58F60-4ED0-4851-A42A-4DE1B1A22DBB
INTERLOCAL AGREEMENT FOR MUTUAL
USE OF CITY OF CLEARWATER EOC DATA CENTER AND
PINELLAS COUNTY PUBLIC WORKS COMPLEX DATA CENTER
THIS INTERLOCAL AGREEMENT ("Agreement") is entered on this 10 day of April
2023 ("Execution Date"), by and between Pinellas County, Florida ("County") and the City of Clearwater,
Florida("City") (collectively "Parties").
WITNESSETH:
WHEREAS, the County owns the Pinellas Works Complex (PWC), located at 22211 US Hwy 19 N,
Clearwater, FL that includes a data center; and
WHEREAS, the City owns the Emergency Operations Center (EOC), located at 1700 N Belcher Road,
Clearwater, FL; and
WHEREAS, the City and County desire to utilize cabinet space at each location to replicate the critical
business data/systems and provide additional disaster recovery capabilities; and
WHEREAS, the City and County desire to utilize private fiber infrastructure between their facilities to
provide communication and data transfer capabilities; and
WHEREAS, in the interest of public safety, the Parties desire for the City and County to have an
alternative location to install back-up equipment where it could support systems and communications in the event
that a disaster or other unforeseen circumstances preventing the Parties from using their primary facilities; and
WHEREAS, the Parties agree that the City and County will provide use and access subject to the terms
and conditions of this Agreement for each Party to use of a minimum of two (2) cabinets in the their respective
facility(EOC and PWC). An additional one(1)cabinet will be considered for possible expansion of each Party's
Disaster Recovery requirements and will be solely dependent upon City or County's resource availability and
approval.
NOW, THEREFORE, for and in consideration of the foregoing recitals (all of which are hereby adopted
as an integral part of this Agreement), the promises, covenants, and conditions herein contained and other good
and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the Parties hereby agree
as follows:
1. PURPOSE
The City and County desire to enter into this Agreement for each Party to provide access to their respective
facility (County PWC and City EOC) and use of the designated 2 cabinets (including allowing the installation
of equipment) for the purposes described above.
2. MUTUAL DUTIES
a. Both Parties will abide by all policies and procedures stated in the Facility Policies &Procedures,
which are attached hereto and incorporated into this Agreement as Appendix A.
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b. All access to each facility shall be consistent with the Level 2 Authorized Customer Access granted
hereunder.
c. All employees requiring access to the facility cabinets will maintain level 2 CJIS security/training
requirements and must pass a Criminal Justice fingerprint background check by the Pinellas
County Sheriff s Office ("PCSO").
d. Both Parties are responsible for all costs for hardware and network connectivity.Examples include
server hardware,network hardware, data circuits, and cabling. Each Party will retain ownership of
all its own equipment located at each facility.
e. Both Parties agree that the use of cabinets at each respective location is entirely at their own risk,
without guarantee or warranty of any kind.
f. Both Parties will notify the other of any employee that is terminated that had access to the other
facility.
g. Both Parties hereby grants the other access to their facility (City EOC and County PWC) as
follows: level 2 Authorized Customer Access, as described in Appendix A.
h. Both Parties shall provide6 the other, at no cost:
i. Two cabinets, each with:
(1) Two 30A PDU's rated at 80%RMS @24A
(2) Two cable managers
ii. An internet connection handoff limited to 100Mbps including public IP addresses. This
service is provided with the intended use for remote management and has no guarantee of
service or security.
iii. Cooperation in providing access to facilities and infrastructure for the installation of
communications lines (fiber)between the City EOC and COUNTY PWC.
3. COMPLIANCE WITH LAWS
Both Parties shall comply with all applicable federal, state, and local laws, ordinances, rules and
regulations,the federal and state constitutions,and orders and decrees of any lawful authorities having jurisdiction
over the matter at issue (collectively, "Laws"), including but not limited to Chapter 119, Florida Statutes. Each
party shall comply with the applicable policies, procedures, rules and regulations, including but not limited to
security requirements or the non-disclosure of confidential information (provided in accordance with all
applicable Laws) of the other parry.
4. BOOKS AND RECORDS
Both Parties shall keep and maintain all books and records with respect to this Agreement for a period of
five(5)years following expiration or earlier termination of this Agreement. Nothing herein shall be construed to
allow destruction of records that may be required to be retained longer by the statutes of the State of Florida.
5. TERMINATION
a. Either party may terminate this Agreement for convenience upon sixty (60) days prior written notice to
the other parry.
b. Either Party may terminate this Agreement upon written notice to the defaulting parry in the event either
party defaults on any of the terms or conditions of this Agreement and such failure continues for a period of
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thirty (30) days following notice from the non-defaulting parry specifying the default.
c. Upon termination of this Agreement, each Party shall allow up to ninety (90) days subsequent to the date
of termination for removal of equipment and any other property from their respective facilities (City EOC and
County PWC).
6. DISPUTE RESOLUTION
The Parties will attempt to negotiate any disputes which may arise during the Term of this Agreement.
7. RESPONSIBILITY
The City and the County shall be responsible for their respective employees' acts of negligence when such
employees are acting within the scope of their employment and shall only be liable for any damages resulting
from said negligence to the extent permitted by Section 768.28, Florida Statues. Nothing herein is intended to
serve as a waiver of sovereign immunity by either the City or the County. Nothing herein shall be construed as
consent by the City or the County to be sued by third parties in any matter arising out of this Agreement.
Both Parties has full authority to deny unescorted access to designated physically secure locations to
anyone who does not pass a background check.
The administration of each Parry will take priority over other issues related to their respective facility.
Both Parties will have priority in any situation involving their respective facility where there might be competition
for information technology and/or data center resources in the event of a catastrophe or adverse event.
Neither party is responsible for failure or disruption of services caused by acts of God, strikes, floods,
fire, war,public enemy, electrical or equipment failure, failure of third parties or any event beyond its
reasonable control.
In no event will either parry be liable to the other for any damages, including, without limitation, direct,
indirect, incidental, special, consequential, or punitive damages arising out of the use of the facility cabinets,
including any damages or injury caused by any failure, outage, theft, destruction or unauthorized access.
If the equipment or the data transmitted via such equipment of either Parry is in some way harmful to the
either network, each Party has the right to disconnect the other Party's equipment until the problem is resolved.
8. ASSIGNMENTS
Neither party shall assign its responsibility under this Agreement to another parry without prior written
approval of the other party.
9. TERM
The initial term of this Agreement shall commence on the Execution Date of this agreement and end at
midnight after one (1) year, unless this Agreement is terminated earlier as provided for herein. This Agreement
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shall be automatically extended for additional one-year terms thereafter; unless either Party notifies the other of
its intent to terminate at the end of the existing term by giving sixty(60)days notice prior to the end of the existing
term. References in this Agreement to"Term" shall include the initial term of this Agreement and all extensions
thereof.
10. AMENDMENTS
This Agreement may be modified or amended only by a document in writing executed by the Parties with
the same formality of this Agreement.
11. GOVERNING LAW
The laws of the State of Florida shall govern this Agreement.
12. SEVERABILITY
The terms and conditions of the Agreement shall be deemed to be severable. Consequently, if any clause,
term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity or
legality of the remaining terms and conditions, and notwithstanding any such determination,this Agreement shall
continue in full force and effect, unless the particular clause, term or condition held to be illegal or void renders
the balance of the Agreement impossible to perform.
14. NOTICES
Unless and to the extent otherwise provided in this Agreement,all notices,demands,requests for approvals
and other communications which are required to be given by either party to the other shall be in writing and shall
be deemed given and delivered on the date delivered in person, upon the expiration of five (5) days following the
date mailed by registered or certified mail, postage prepaid, return receipt requested to the address provided
below, or upon the date delivered by overnight courier(signature required)to the address provided below.
CITY COUNTY
City of Clearwater Pinellas County Government
600 Cleveland Street 315 Court Street, 5th floor
St. Petersburg, FL 33755 Clearwater, FL 33756
15. NO PLEDGE OF AD VALOREM TAXES
The Parties agree that this Agreement does not constitute a general indebtedness of any party within the
meaning of any constitutional, statutory, or charter provision or limitation and it is expressly agreed by the Parties
that no party shall ever have the right to require or compel the exercise of ad valorem taxing power of another
party or taxation of any real or personal property therein for the payment of any monetary obligations due under
the terms of this Agreement.
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16. ENTIRE AGREEMENT
This Agreement reflects the full and complete agreement between the Parties and supersedes all prior or
contemporaneous agreements (whether oral or written)between them.
IN WITNESS WHEREOF, the Parties to this Agreement have caused the same to be signed, each on a
separate page to be attached hereto upon execution, by their duly authorized representatives this 10 day of
April , 2023.
PINELLASi COUNT F A, acting by and through its County Administrator
By: APPROVED AS TO FORM
By. Jason C.Ester
Barry Burton, County Administrator Office of the County Attorney
DS
CTT ,EuCWRWATER, FLORIDA oocuSignedby.
,�Gln,irt,t�t,V'
By: �aae Attest: eeF€eF�€asF..
Jennifer Poirrier, Interim City Manager Rosemarie Call, City Clerk
Ai�n��o�gq bas as to and Form: Approved as to Content and Form:
1'�Ut,ltt. iU U,V'
Owen Koh er Assistant City Attorney Assistant County Attorney
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APPENDIX A
Pinellas County Data Center Policies&Procedures
1.0 Introduction
Pinellas County maintains and manages several data centers that house critical infrastructure which supports the
many business and mission-critical technology systems for County Departments, Constitutional Offices, outside
agencies, and Pinellas County citizens. It is therefore important that all personnel follow these policies and
procedures to ensure the reliability and security of the infrastructure and systems residing in the data centers.
2.0 Physical Security and Access
Due to Criminal Justice Information Services ("CJIS") and other regulatory requirements, the Public Safety
Complex Data Center ("PSCDC") requires a high level of security and access controls. Access is limited to
individuals who have a legitimate business need to be in the PSCDC. All Business Technology Services ("BTS")
and Pinellas County Sheriff's Office ("PCSO") staff are CJIS certified upon employment and recertified every
two years.
3.0 Access Levels
There are 4 levels of access to the PSCDC. All personnel who require full or temporary access to the PSCDC
will require CJIS security certification.
Level l Authorized Staff Access is given to County Department and Constitutional Office personnel who
require full-time access. Level 1 personnel have escort rights.
Level 2 Authorized Customer Access is given to non-county personnel that require full-time access to the
PSCDC.
Level 3 Authorized Temporary Access is given to personnel that require temporary access to the PSCDC.
Level 4 Visitor Access is available for personnel that require short-term access. This level of access requires a
Level 1 escort under constant supervision. CJIS security certification is not required.
4.0 Policies
To ensure the systems housed within the PSCDC are kept secure, the following policies apply to all personnel.
4.1 Access
• All personnel who access the PSCDC must have proper authorization. Individuals without proper
authorization are considered a visitor.
• All personnel must always visibly wear an identification badge.
• Authorized staff will have access to the PSCDC at any time.
• A person with Level 4 Visitor Access must be escorted by Level 1 personnel. Constant line of sight
supervision must always be maintained.
• All Level 4 Visitors must enter through the building's main entrance.
• All Level 4 Visitors must sign in and out.
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4.2 Cleanliness
• All unpacking and preparation of equipment must be done outside of the PSCDC at the designated
staging area (tables outside the double doors).
• Tools are not to be left in the PSCDC.
• No drinks or food of any kind are allowed.
• No cardboard,paper wrap,packing peanuts,plastic or other similar materials are allowed.
• No hazardous materials or liquids are allowed (e.g., water,paint, and cleaning chemicals).
• Trash must be disposed of appropriately outside of the PSCDC.
4.3 Equipment Deliveries, Storage, and Installation
To maximize security and minimize disruptions, for all equipment housed in the PSCDC, Levels 2-4 Access
personnel must give no less than 2 days' notice to the County before the delivery and storage of equipment.
Contact to be agreed to by City and County.
4.4 Infrastructure Work in the Data Center
The County must be notified of all work pertaining to infrastructure in the PSCDC. This includes work such as
equipment installation and removal, construction, cabling, and service provider installations. Contact to be
agreed to by City and County.
4.5 Cabling, Wiring and Connecting Equipment
Below is a list of guidelines for connecting/activating new equipment.
• All new cabling that is external to a single cabinet should be submitted for approval /inspection by the
County. Contact to be agreed to by City and County.
• All unused fiber connectors must be capped.
• Must follow color coding for approval,per Division 27 specifications.
• All cables should utilize cable management channels, rings, raceways, trays,panels, and bindings such
as Velcro and tie wraps to secure and cleanly install new connections. Cables should never be strung
outside of rack.
• No cabling is allowed under the flooring.
• Personnel should only be opening cabinets that they have equipment and authorization to access.
• Lifting or removal of floor tiles is not permitted.
• All cutting of material must take place in the designated staging area(tables outside the double doors).
• All areas must be clean and free of debris before leaving.
4.6 Safety Policy
All individuals in the PSCDC must conduct their work in observance with all applicable policies related to
safety (e.g., OSHA, county, state, federal.)
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5.0 Definitions and Abbreviations
BTS: Business Technology Services
CJIS: Criminal Justice Information Services
PSC: Public Safety Complex
PSCDC: Public Safety Complex Data Center
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