R23-055 1 RESOLUTION NO. R23-055
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, APPROVING AND AUTHORIZING THE
6 MAYOR AND CITY MANAGER TO SIGN THE
7 INTERLOCAL AGREEMENT BETWEEN PALM BEACH
8 COUNTY FIRST RESPONDERS RELATED THE "PSAP"
9 (9-1-1 PUBLIC SAFETY ANSWERING POINT); AND
10 PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, the Marjory Stoneman Douglas High School Public Safety Commission
13 recommended that counties be required to develop and implement communication systems that
14 allow direct radio communication between public safety answering points (PSAPs) and first
15 responders outside the PSAPs normal service area to provide for more efficient dispatch of first
16 responders; and
17 WHEREAS, in response to the recommendations the Florida Legislator created Section
18 365.179, Florida Statutes (Direct radio communication between 9-1-1 public safety answering
19 points and first responders); and
20 WHEREAS. this Interlocal Agreement sets forth the protocols under which a PSAP will
21 directly provide notice by radio of a public safety emergency to the on-duty personnel of both
22 Police and Fire when the responding agency is within Palm Beach County but does not provide
23 primary dispatch functions; and
24 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
25 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
26 Beach to approve and authorize the Mayor and City Manager to sign the Interlocal Agreement
27 between Palm Beach County First Responders related to the PSAP (Public Safety Answering
28 Point).
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
S:\CA\RESO\Agreements\ILA with PI3C for PSAP(2023)-Reso.docx
30 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
32 being true and correct and are hereby made a specific part of this Resolution upon adoption
33 hereof.
34 Section 2. The City Commission of the City of Boynton Beach hereby approves and
35 authorizes the Mayor and City Manager to sign an Interlocal Agreement between the City of
36 Boynton Beach and Palm Beach County First Responders related to the ASAP (Public Safety
37 Answering Point), a copy of said Interlocal Agreement is attached hereto and made a part here
38 as Exhibit "A".
39 Section 3. That this Resolution shall become effective immediately upon passage.
40 PASSED AND ADOPTED this 16th day of May, 2023.
41 CITY OF BOYNTON BEACH, FLORIDA
42 YES NO
43
44 Mayor—Ty Penserga ✓
45
46 Vice Mayor—Thomas Turkin ✓
47
48 Commissioner—Angela Cruz ✓
49
50 Commissioner— Woodrow L. Hay
51
52 Commissioner—Aimee Kelley
53
54 VOTE
55 • T.ST:
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5 I v . On
58 Mayle; P esus, MPA, ► C Ty :aitr!lir.'-
59 City Cle _ �� Mayo'
60 =yNjON e `,
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61 :� �.,y ,, A r � D oF. �
62 (Corporate Seal) ;0 i •cS)4101 t%
63 •
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64 litcox•0004.020 Michael D. Cirullo, Jr.
6656 � << y.1..••'•QQ' City Attorney
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67
S:\CA\RGSO\Agreements\ILA with PBC for PSAP(2023)-Reso.docx
AGREEMENT FOR THE
INSTALLATION, OPERATION AND MAINTENANCE OF
THE 9-1-1 EMERGENCY CALL HANDLING SYSTEM
THIS AGREEMENT ("the Agreement") is made as of the 161h day of May, 2023, by
and between the Board of County Commissioners, Palm Beach County, a
political subdivision of the State of Florida (herein referred to as "COUNTY"),
City of Boynton Beach , a municipal corporation or agency of the State of Florida
(herein referred to as "AGENCY").
WITNESSETH
WHEREAS, the Florida Legislature enacted the Emergency Communications
Number E911 Act, Section 365.172, Florida Statutes, for the purpose of establishing and
implementing a comprehensive statewide emergency telecommunications number
system that will provide users of voice communications services with rapid direct access
to public safety agencies via a 911 system and to provide funds to counties for certain
costs associated with their 911 or E911 system; and
WHEREAS,Section 365.172,Florida Statutes,provides for the levy of a reasonable
fee on users of voice communications services to establish and implement a
comprehensive statewide emergency telecommunications number system to allow direct
access to public safety agencies by accessing the telephone number "9-1-1;" and
WHEREAS, Section 365.172(2)(e), Florida Statutes, acknowledges the legislative
intent that the E911 fee authorized and imposed does not necessarily provide the total
funding required to accomplish these purposes; and
WHEREAS,Sections 365.172 and 365.173, Florida Statutes, establishes how E911
fees are collected in the State of Florida and redistributed to the appropriate counties to
be used as specified; and
WHEREAS,Section 365.173(2)(d), Florida Statutes, establishes the COUNTY as the
body charged with the appropriation of these funds; and
WHEREAS, the COUNTY and the AGENCY recognize the need and benefits to
having and maintaining a single functional 9-1-1 network in several locations for
emergency call handling and transfer as designated in the Florida Emergency
Communications Number E911 State Plan, as may be amended from time to time
(hereafter referred to as the "State E911 Plan"); and
Page 1 of 11
WHEREAS, to accomplish this, the COUNTY desires to implement a 9-1-1
system in the AGENCY's Public Safety Answering Point (PSAP), also known as an
Emergency Communications Center (ECC), which implementation includes the
COUNTY's acquisition, installation and maintenance of select COUNTY systems and
equipment, and which also may include an annual disbursement of funds to the
AGENCY to offset permissible expenditures, and reimbursement of capital expenses for
certain 9-1-1 related equipment purchased by the AGENCY, all to the extent permitted
under Sections 365.171 and 365.172, Florida Statutes and the County budget adopted,
or to be adopted, for the 9-1-1 system; and
WHEREAS, the COUNTY and AGENCY consider entering into and performing this
Agreement to be in the best interest of their respective citizens and the health, safety,
and welfare of such citizens;
Now, therefore, in consideration of the mutual promises contained herein, the COUNTY
and AGENCY agree as follows:
ARTICLE 1 - PURPOSE.
The purpose of this Agreement is set forth in the above recitals, and same are hereby
incorporated herein by reference. This Agreement provides for the installation and
maintenance of a 9-1-1 system as described in the Palm Beach County E911 Plan on file
with the Florida Department of Management Services; establishes minimum
performance standards and other related procedures; establishes 'a
disbursement/reimbursement procedure; and defines responsibilities pertaining to the
9-1-1 Call Handling System as they relate to the parties hereto. The subjects addressed
herein, and the responsibilities assigned are not all inclusive and it is anticipated that
the Palm Beach County 9-1-1 system will require future revisions and modifications. As
a result, this Agreement does not represent a limitation of 9-1-1 issues and may be
amended by mutual written agreement of the parties.
ARTICLE 2 -BAILMENT.
a. The COUNTY hereby provides to the AGENCY, and the AGENCY hereby accepts
possession of, the COUNTY 9-1-1 systems and equipment, including 9-1-1 Call
Handling Equipment ("CHE"), identified on Exhibit A attached hereto and
incorporated herein (hereinafter referred to as "COUNTY 9-1-1 Systems and
Equipment").Exhibit A may be updated and modified from time to time as agreed
to in writing by the parties' Contract Monitors; and each party hereby authorizes
its respective Contract Monitor to execute such modified Exhibit A on behalf of
said party.
b. This provision of the COUNTY 9-1-1 Systems and Equipment shall be considered
a bailment for the mutual benefit of the COUNTY(bailor)and the AGENCY(bailee).
Page 2 of 11
All COUNTY 9-1-1 Systems and Equipment provided by the COUNTY hereunder
shall remain the property of the COUNTY, and the AGENCY shall use such
COUNTY 9-1-1 Systems and Equipment only for the purposes contemplated by
this Agreement.
ARTICLE 3 - OBLIGATIONS OF THE COUNTY
a. The COUNTY, through the Department of Public Safety, Division of 9-1-1
Program Services, shall provide the COUNTY 9-1-1 Systems and Equipment to
the AGENCY, which the AGENCY shall use for routing, delivery, and handling
of 9-1-1 emergency calls.
b. The COUNTY 9-1-1 system shall be a Next Generation 9-1-1 Emergency
Services IP Network(ESINet) and Call Handling System(CHS), and is compliant
with all standards required by the State E911 Plan.
c. The COUNTY will provide on-demand language translation services;
monitoring of the COUNTY 9-1-1 Systems and Equipment;PSAP data analytics;
and call taker training to the AGENCY's 9-1-1 Public Safety
Telecommunicators.
d. The COUNTY shall provide for the installation of, as well as preventive
monthly inspection(PMI), maintenance,upgrades, and emergency service for,
the COUNTY 9-1-1 Systems and Equipment.
e. The COUNTY will ensure all service technicians are fingerprint background
checked and Criminal Justice Information Services(CJIS) certified, as required
by the Florida Department of Law Enforcement (FDLE) for unescorted entry
into secure/restricted areas within PSAPs.
f. The COUNTY shall be responsible for maintaining a current Master Street
Address Guide (MSAG).
g. The COUNTY shall give priority, in the allocation of E911 fee revenue, to
recurring operational expenses of the network and systems; updating and
refreshing 9-1-1 equipment and technologies; and any other mandatory
expenses.
h. The COUNTY may provide for an equitable annual disbursement of any
remaining E911 fee revenues, not previously encumbered, or of monies
specifically designated by the COUNTY, to offset the AGENCY's cost of
appropriate statutorily permissible expenditures under Section 365.172,
Florida Statutes. Such disbursement, if any, will be calculated by the COUNTY
pursuant to an equitable formula.The COUNTY will notify the AGENCY of the
amount of any such disbursement on an annual basis.
Page 3 of 11
ARTICLE 4 - OBLIGATIONS OF THE AGENCY
a. The AGENCY shall provide security and back-up power, to include a UPS
(uninterrupted power source)to the COUNTY 9-1-1 Systems and Equipment in
accordance with the State E911 Plan.
b. The AGENCY shall comply with appropriate cybersecurity protocols as
stipulated by the COUNTY, specifically the Department of Public Safety,
Division of 9-1-1 Program Services.
c. The AGENCY shall provide a number of call takers sufficient to meet the
requirements of section 5.3.1 of the State E911 Plan.Call takers must maintain
current Florida Department of Health Public Safety Telecommunicators
certification.
d. The AGENCY shall promptly notify the COUNTY of any issue that impacts the
delivery and answering of 9-1-1 calls. This may include equipment failures or
damage and database failures or errors. The AGENCY shall be responsible for
lost equipment or equipment damaged due to the AGENCY's negligence based
on the value of such equipment at the time of loss or damage.
e. The AGENCY shall notify the COUNTY of any service boundary, street name,
building or unit number, or other addressing that has been changed within
three (3) business days of the approval setting forth such changes.
f. The AGENCY shall operate its PSAP in compliance, at minimum, with all
standards established for PSAPs by the State E911 Plan.
g. The parties acknowledge that the AGENCY's operation of its PSAP may require
the AGENCY to procure capital equipment in addition to the COUNTY 9-1-1
Systems and Equipment provided by the COUNTY hereunder. The AGENCY
may request from the COUNTY reimbursement of capital expenses relating to
such purchase(s) of 9-1-1 related equipment authorized under Section
365.172(10),Florida Statutes;provided that the COUNTY's approval,in its sole
discretion, has been obtained prior to the AGENCY's procurement of such
equipment. The AGENCY shall be responsible for purchasing and acquiring
the equipment, and then submitting for reimbursement to the COUNTY all
documentation required by the Palm Beach County Clerk and Comptroller's
Office. All requests for reimbursement will be made as soon as practical, but
no later than August 318t of each fiscal year this Agreement is in effect.
h. The AGENCY shall provide access to their COUNTY 9-1-1 Systems and
Equipment to COUNTY designated service technicians for installation,
preventive monthly inspection (PMI), maintenance, upgrades, and emergency
service.
i. The AGENCY will perform no self-service maintenance on COUNTY 9-1-1
Systems and Equipment. The AGENCY shall contact the COUNTY for all
maintenance and repairs of the COUNTY 9-1-1 Systems and Equipment.
Page 4 of 11
j. The AGENCY shall return to the COUNTY all COUNTY 9-1-1 Systems and
Equipment when in disrepair or no longer in use, and at the termination of
this Agreement, for tracking and proper disposal.
ARTICLE 5 - TERM AND TERMINATION
The term of this Agreement, unless terminated as provided in this Article 5, is for a
period of five (5) years commencing March 1, 2023, with three (3) one-year renewal
options,under the same terms and conditions stated herein,upon written agreement of
the parties.
The COUNTY reserves the right to terminate this Agreement for cause upon ninety(90)
days' written notice to the AGENCY. The AGENCY may terminate this Agreement upon
sixty(60) days' prior written notice to the COUNTY in the event of substantial failure by
the COUNTY to perform in accordance with the terms of this Agreement through no
fault of the AGENCY.
ARTICLE 6 - CONTRACT MONITORS AND NOTICES
The COUNTY's Contract Monitor shall be the Public Safety Department Director, whose
telephone number is (561)712-6400. The AGENCY's Contract Monitor shall be the
AGENCY's Manager, whose telephone number is(561)742-6010
Any notice, request, instruction, demand, consent, or other communication required or
permitted to be given under this Agreement shall be in writing and shall be delivered
either by hand with a receipt obtained, or by certified mail return receipt requested, or
by other delivery service requiring signed acceptance. If sent to the COUNTY, notices
shall be addressed to:
Public Safety Department Director
20 South Military Trail
West Palm Beach, FL 33415
With a copy to:
Dan Koenig, Senior Manager, PBC 9-1-1 Program Services
20 South Military Trail
West Palm Beach, FL 33415
and
Palm Beach County Attorney's Office
301 North Olive Ave. - 6t"Floor
West Palm Beach, FL 33401
Page 5 of 11
If sent to the AGENCY, notices shall be addressed to:
Daniel Dugger, City Manager
City of Boynton Beach
P.O. Box 310, Boynton Beach,FL 33435
With a copy to:
Michael D. Cirullo, Jr., Esquire
3099 East Commercial Blvd., Ste.200
Ft. Lauderdale, FL 33308
_ ARTICLE 7-LIABILITY
Each party to this Agreement shall be liable for its own actions and negligence. To the
extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the
AGENCY against any actions, claims or damages arising out of the COUNTY's negligence
in connection with this Agreement, and the AGENCY shall indemnify, defend and hold
harmless the COUNTY against any actions, claims or damages arising out of the
AGENCY's negligence in connection with this Agreement, including its negligent use,
care and/or possession of the COUNTY 9-1-1 Systems and Equipment provided
hereunder.This provision does not constitute consent of either party to be sued by third
parties and shall not be construed as a waiver of either party's sovereign immunity
beyond the limits set forth in Section 768.28, Florida Statutes. Nor shall this provision
be construed to constitute agreement by either party to indemnify the other party for
such other party's negligent, willful or intentional acts or omissions.
ARTICLE 8 -WAIVER
If either party shall waive any provisions of the Agreement or fail to enforce any of the
conditions or provisions of this Agreement, such waiver shall not be deemed a
continuing waiver and shall never be construed as such; and such party shall thereafter
have the right to insist upon the enforcement of such conditions or provisions.
ARTICLE 9 - SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or
circumstances shall, to any extent, be held by a court of competent jurisdiction to be
Page 6 of 11
invalid or unenforceable, the remainder of this Agreement, or the application of such
terms or provision to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected, and every other term and provision of
this Agreement shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 10 - ENTIRETY OF AGREEMENT
The COUNTY and the AGENCY agree that this Agreement sets forth the entire Agreement
between the parties, and that there are no promises or understandings other than those
stated herein.None of the provisions, terms and conditions contained in this Agreement
may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto or as specifically provided for herein.
ARTICLE 11 - AUDITS and PUBLIC RECORDS
The AGENCY and the COUNTY shall maintain records relating to this Agreement and
performance hereunder in accordance with Florida's public records laws and any other
applicable laws, including any applicable confidentiality laws. At a minimum, the
AGENCY and the COUNTY shall maintain such records for at least five(5)years after the
termination of this Agreement. If any inquiry, investigation, audit or litigation is
underway at any time during the five(5)year period, the AGENCY and the COUNTY shall
continue to maintain and preserve the records until the resolution of the inquiry,
investigation, audit or litigation. The COUNTY and the AGENCY shall have the right,
upon reasonable request and during normal business hours,to inspect, examine or copy
the other's records, and each party shall make such records available to the other party
in Palm Beach County.
Palm Beach County has established the Office of the Inspector General in Palm Beach
County Code, Section 2-421-2-440, as may be amended. The Inspector General's
authority includes but is not limited to the power to review past, present and proposed
County contracts, transactions, accounts and records, to require the production of
records, and to audit, investigate, monitor, and inspect the activities of the AGENCY, its
officers,agents, employees,and lobbyists in order to ensure compliance with Agreement
requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any
investigation shall be in violation of Palm Beach County Code, Section 2-421-2-440, and
punished pursuant to Section 12 5.69, Florida Statutes, in the same manner as a second
degree misdemeanor.
Page 7 of 11
ARTICLE 12 - NO AGENCY
Nothing contained herein is intended to,nor shall create an agency relationship between
the COUNTY and the AGENCY.
ARTICLE 13 - EMPLOYEE FUNCTIONS
No employee of the COUNTY or the AGENCY shall perform any function or service which
is not within the employee's scope of duties as defined or determined by the employee's
employer.
ARTICLE 14 - RELATIONSHIP OF EMPLOYEES
No employee, officer, or agent of either party shall, in connection with this Agreement
or the performance of services and functions hereunder, have a right to or claim any
pension, workers' compensation, unemployment compensation, civil service, or other
employee rights, privileges, or benefits granted by operation of law or otherwise except
through and against the entity by whom they are employed. No employee of either party
shall be deemed the employee of the other, for any purpose, whatsoever. Neither party
is authorized to make or enter into any contract,agreement, or warranty for or on behalf
of the other,unless the parties to this Agreement have entered into a written agreement
expressly authorizing such.
ARTICLE 15 - ASSIGNMENT OF RIGHTS
Neither party shall assign, transfer or convey, in whole or in part, its rights, duties, or
obligations without the prior written consent of the other; however nothing contained
herein shall be construed to prevent COUNTY, in its sole discretion, from using
subcontractors to perform its obligations under this Agreement without obtaining
consent.
ARTICLE 16 - NONDISCRIMINATION
In Resolution 2017-1770, the COUNTY expressed its commitment to assuring equal
opportunity by not conducting business with nor appropriating funds to entities that
discriminate as set forth therein. Pursuant to Palm Beach County Resolution 82017-
1770, as may be amended, the AGENCY warrants and represents that throughout the
term of the Agreement,including any renewals thereof,if applicable, all of its employees
are treated equally during employment without regard to race, color,religion, disability,
sex, age, national origin, ancestry, marital status, familial status, sexual orientation,
gender identity or expression, or genetic information. Failure to meet this requirement
shall be considered default of the Agreement.
Page 8 of 11
ARTICLE 17 -ANNUAL APPROPRIATIONS
Each party's performance and obligation under this Agreement is contingent upon an
annual budgetary appropriation by its respective governing body for the purposes
hereunder.
ARTICLE 18 - REMEDIES
This Agreement shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Agreement will be held in a court of competent
jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every remedy
shall be cumulative and shall be in addition to every other remedy given hereunder or
now or hereafter existing at law or in equity,by statute or otherwise. No single or partial
exercise by any party of any right, power, or remedy hereunder shall preclude any other
or further exercise thereof.
ARTICLE 19 - JOINT PREPARATION
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not, solely or as a matter of judicial constraint, be construed
more severely against one of the parties than the other.
ARTICLE 20 - CAPTIONS
The captions and section headings appearing in this Agreement are for convenience
only, are not part of this Agreement, and are not to be considered in interpreting this
Agreement.
ARTICLE 21 -DELEGATION OF DUTY
This Agreement shall not in any way or manner whatsoever be deemed to constitute a
transfer of powers or functions. Nothing contained herein shall be deemed to authorize
the delegation of the constitutional or statutory duties of state, county, or municipal
officers.
ARTICLE 22 - SURVIVABILITY
Any provision of this Agreement that is of a continuing nature, or which by its language
or nature imposes an obligation or right that extends beyond the term of this Agreement,
shall survive the expiration or earlier termination of this Agreement.
Page 9of11
ARTICLE 23 - NO THIRD PARTY BENEFICIARY
No provision of this Agreement is intended to, or shall be construed to, create any third-
party beneficiary or to provide any rights to any person or entity not a party to this
Agreement,including but not limited to any citizen or employees of the COUNTY and/or
AGENCY.
ARTICLE 24 - E-VERIFY - EMPLOYMENT ELIGIBILITY
Each party warrants and represents that it is in compliance with Section 448.095,Florida
Statutes,as may be amended.Each party has registered with and uses,and shall continue
to use, the E-Verify System (E-Verify.gov), to electronically verify the employment
eligibility of all newly hired employees. If either party has a good faith belief that the
other party has knowingly violated Section 448.09(1), Florida Statutes, as may be
amended, said party shall terminate this Agreement with the violating party.
ARTICLE 25 -FORCE MAJEURE
The COUNTY and/or the AGENCY shall not be deemed in default or in breach of this
Agreement to the extent it is unable to perform due to an event of Force Majeure. For
the purpose of this Agreement,Force Majeure shall mean and include any strike,lockout,
civil commotion, war-like operation, natural disaster, invasion, rebellion, pandemic,
military power, sabotage, government regulations or controls over which COUNTY or
AGENCY, as applicable, has no amendatory powers, inability to obtain any material,
utilities, service or financing, through Acts of God or other cause beyond the reasonable
control of theCOUNTY or AGENCY, as applicable. Furthermore, the COUNTY and the
AGENCY specifically acknowledge that neither shall have any liability whatsoever for any
damages or injuries due to a Force Majeure.
ARTICLE 26-TERMINATION OF PRIOR AGREEMENT
The prior Agreement for the Enhancement and Maintenance of the E9-1-lEmergency
Telephone Number System, entered into between the parties in 1992, shall be
automatically terminated upon the commencement of this Agreement.
Balance of page left intentionally blank
Page 10 of 11
IN WITNESS WHEREOF, the COUNTY and the AGENCY have each caused this Agreement
to be executed by its duly authorized official as of the date first set forth above.
PALM BEACH COUNTY, FLORIDA AGENCY:
BOARD OF COUNTY COMMISSIONERS
City of Boynton Beach
AGENCY Name
By:
County Administrator or Designee By:
AGE —•°`:`'ture
Ty Pep erga, Mayor
APPROVED AS TO FORM Type I ame& Title
AND LEGAL SUFFICIENY
By: l �Th
By: A Signature-
Assistant County Attorney
Daniel Dugger, City ana• -r
AGENCY Name& Title
APPROVED AS TO TERMS APPROVED AS TO FORM AND
AND CONDITIONS LEGAL SUFFICIENC
By: By:
Department Director AGENCY's Attorney
(corp.seal)
Page 11 of 11
PBC 911 Program Services Exhibit A
County 9-1-1 Systems and Equipment
PSAP: Boynton Beach Police Department
Back Room
HP Proliant G8 DL160 SE SERVER 4
Cisco 48-port Switch 2
Analog Interface Module-AIMs card 3
4 ft IT Cabinet 1
Color Laser Printer 1
Workstations
Intrado A9C Call Handling Appliance 10
22"Touchscreen Monitor 10
22" Monitor 10
Genovation Keypad 10
Keyboard 10
Mouse 10