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1991-10 Communications Contract with Coral Springs for Public SafetyRESOLUTION NO. 91 - 10 A RESOLUTION OF THE CITY COMMISSION OF OTHER CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND THE CITY OF CORAL SPRINGS TO PROVIDE PUBLIC SAFETY COMMUNICATION SERVICES WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interests of the citizens of the City to enter into the attached Agreement with the City of Coral Springs for the purpose of providing Public Safety communication facilities and services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland, Florida and the City of Coral Springs, Florida. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS SUSAN ARMSTRONG, CITY ERK 17th DAY OF APRIL , 1991. SA PAGLIARA YOR Exhibit 1 AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND THE CITY OF PARKLAND TO PROVIDE COMMUNICATION SERVICES THIS AGREEMENT, made and entered into on the of 11 A f , 1991 by and between: CITY OF CORAL SPRINGS, FLORIDA a municipal corporation 9551 West Sample Road Coral Springs, Florida 33076 (hereinafter referred to as "CITY") AND day CITY OF PARKLAND, FLORIDA a municipal corporation 6500 Parkside Drive Parkland, Florida 33067 (hereinafter referred to as "PARKLAND") WHEREAS, the City of Coral Springs owns, operates and maintains a UHF communication system which has been engineered and designed to provide the City of Coral Springs the capability of continuous two-way radio contact for every portable radio - equipped Police and Fire Department member; and WHEREAS, the communication system for the City of Coral Springs incorporates the latest concepts in public safety communications, including the Total Area Coverage personal portable radio system and a solid-state communications control center of modular construction; and WHEREAS, the City of Parkland, in order to provide more efficient radio communication for the protection of its citizens, desires to utilize the communication facilities of the City of Coral Springs; and WHEREAS, the City of Coral Springs desires to permit the City of Parkland to utilize said communication system, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties agree as follows: Section 1. TERM OF AGREEMENT 1.01 This Agreement is retroactive to March 1, 1991 and terminates on September 30, 1991. Page 1 of 7 r C: R.91-163 Section 2. CONSIDERATION 2.01 The CITY and PARKLAND agree to a cost of SIXTEEN THOUSAND SEVEN HUNDRED AND XX/100 ($16,700.00) DOLLARS for this current fiscal year. This cost will be prorated for the seven month term of this Agreement. The prorated amount is NINE THOUSAND SEVEN HUNDRED FORTY-ONE AND 67/100 ($9,741.67) DOLLARS for the period March 1, 1991 through September 30, 1991 and shall be paid as follows: (a) FIVE THOUSAND FIVE HUNDRED SIXTY-SIX AND 67/100 ($5,566.67) DOLLARS shall be paid within thirty (30) days of the execution of the Agreement; this payment is for the period from March 1, 1991 through June 30, 1991. (b) FOUR THOUSAND ONE HUNDRED SEVENTY-FIVE AND XX/100 ($4,175.00) DOLLARS is due on or before July 1, 1991, for the period from July 1, 1991 through September 30, 1991. Section 3. DUTIES AND RESPONSIBILITIES OF PARKLAND 3.01 PARKLAND agrees to comply with the operational regulations promulgated by the Federal Communications Commission, the Florida Department of General Services, Division of Communications and the City of Coral Springs. 3.02 PARKLAND agrees to abide by the Federal Communications Commission use of frequency. 3.03 Parkland agrees to maintain the wattage of their existing radios; however, at the time of replacement of the 1.5 watt portable car radios, the City shall acquire portable radios with a minimum of 3 watts. 3.04 Parkland agrees that any mobile radios shall be a minimum of 15 watts. Section 4. DUTIES AND RESPONSIBILITIES OF CITY 4.01 CITY agrees to permit PARKLAND to utilize its radio communications system by permitting PARKLAND to operate portable radio transceivers in accordance with Federal, State and City regulations. Page 2 of 7 4.02 CITY agrees to receive phone calls from Parkland for police and fire service, including calls forwarded from Parkland's administrative lines after hours (approximately 11:00 p.m. to 8:00 a.m.) and on weekends. 4.03 CITY agrees to maintain a street file of Parkland's addresses for the City's Computer Aided Dispatch (CAD) system and to ensure that the E-911 database is accurate. 4.04 CITY agrees to provide usage of the information channel for phone calls and/or notifications that a field officer may require. Section 5. INDEMNIFICATION 5.01 PARKLAND agrees, as additional consideration, to indemnify and hold harmless CITY from all liability, including, but not limited to, judgments, interests, costs, attorney fees and attorney fees on appeal incurred by CITY as a result of the execution of this Agreement. Section 6. ACKNOWLEDGEMENT 6.01 PARKLAND acknowledges and agrees that the radio communications offered by the City of Coral Springs pursuant to the terms and conditions of this Agreement is subject to interference and malfunction of equipment and that the City of Coral Springs in no way assumes any liability to the City of Parkland or any of its citizens for any harm which may be caused by interference or by the malfunction of said equipment. 6.02 CITY and PARKLAND acknowledge and agree that this Agreement shall be subject to the respective approvals of the Federal Communications Commission and the Florida Department of General Services, Division of Communications. Section 7. ASSIGNMENT 7.01 This Agreement may not be assigned by either party. Section 8. TERMINATION 8.01 This Agreement may be terminated by either party upon ninety (90) days written notice. Page 3 of 7 Section 9. COMPLIANCE WITH LAWS 9.01 PARKLAND shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Coral Springs and of any other public authority which may be applicable. Section 10. VENUE, ATTORNEYS FEES, AND COSTS 10.01 Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the Seventeenth Judicial Circuit in and for Broward County, Florida 10.02 The prevailing party in any action filed in regard to this Agreement shall be entitled to an award of all reasonable attorney's fees, interest and court costs incurred by such prevailing party against the losing party including reasonable appellate attorney's fees, interest and taxable costs. Section 11. GOVERNING LAW 11.01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Section 12. ENTIRE AGREEMENT 12.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, -condition or election but the same shall continue and remain in full force and effect. Page 4 of 7 Section 13. SEVERABILITY 13.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. Section 14. NOTICES 14.01 All notices or other communications required by this Agreement shall be in writing and deemed delivered upon mailing by certified mail, return receipt requested, to the following persons and addresses unless otherwise specified herein: 1. Roy Arigo, Chief of Police City of Coral Springs 2801 Coral Springs Drive Coral Springs, Florida 33065 AND 2. Lt. John Grimes City of Parkland Police Department 6500 Parkside Drive Parkland, Florida 33067 AND 3. Harry J. Mertz, City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Page 5 of 7 IN WITNESS WHEREOF, the CITY OF CORAL SPRINGS and the CITY OF PARKLAND have caused these presents to be executed in their respective names by the proper officials the day and year first above written. ATTEST: 5JDA K. JOSEPH, CiClerk ATTEST: SUSAN ARMSTRONG, City CITY OF CORAL SPRINGS, a municipal corporation organized and existing under the laws of the State of Florida By: u4 J J E M. MILLS, Mayo Approved as to form: Assistant City Attorney CITY OF PARKLAND By: ds:;0-04.-- SAL PAGLIARA, OR Page 6 of 7 STATE OF FLORIDA ) ss. COUNTY OF BROWARD ) I HEREBY CERTIFY that, on the 31 day of AO)/ 19(i1 personally appeared before me, an officer duly authorized to administer oaths and take acknowledgements, Jeanne M. Mills, Mayor and Jonda K. Joseph, City Clerk, both of the City of Coral Springs, signing this Agreement by and through the Coral Springs City Commission and authorized to execute the same by City Commission action on the 421 day of MAY 19 L. WITNESS my hand and official seal at GO RILL S p tQks , Braward County, Florida this -1 day of ivl Ay1911 . NOTARY PUBLIC STATE OF FLORIDA MY CORIiMISSION EXP SEPT.26,1994 BONDED THRU GENERAL INS. UND. My Commission Expires: STATE OF FLORIDA ) ) ss. COUNTY OF BROWARD ) < NOTARY PUBLIC, St a of Florida I HEREBY CERTIFY that, on the day of 19 J/ personally appeared before me, an officer dul.authorized to administer oaths and take acknowledgements, Sal Pagliari, Mayor, and Susan Armstrong, City Clerk, both of the City of Parkland, signing this Agreement by and through the Parkland City Commission and authorized to e�xecute hetsame by City Commission action on the / day of 1i f WITNESS my hand and official _ County, Florida this 19-77 My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. DEC.20,1994 CORDED THRU GENERAL INS. UNO, 1 at day NOTARY P/[TBLIC, • tate of Florida Page 7 of 7 3 .4 4 5 a i • 4 1. a i 7 4 J L a 4 -24i H 4 a 4 A a n n H 4 a Z D rt�x, IiTY -4 lltiUTLO b/ 3/ J1 TU: RESOLUTION NO. 91-163 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CORAL SPRINGS, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND THE CITY OF PARKLAND TO PROVIDE COMMUNICATION SERVICES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Coral Springs owns, operates and maintains a UHF communication system which has been engineered and designed to provide the City of Coral Springs the capability of continuous two-way radio contact for every portable radio - equipped Police and Fire Department member; and WHEREAS, the communication system for the City of Coral Springs incorporates the latest concepts in public safety communications, including the Total Area Coverage personal portable radio system and a solid-state communications control center of modular construction; and WHEREAS, the City of Parkland, in order to provide more efficient radio communication for the protection of its citizens, desires to utilize the communication facilities of the City of Coral Springs; and WHEREAS, the City of Coral Springs desires to permit the City of Parkland to utilize said communication system, subject to the terms and conditions contained in said Agreement, attached hereto as Exhibit "1"; and WHEREAS, the City Commission of the City of Coral Springs deems it to be in the best interests of the City to approve the Agreement between the City of Coral Springs and the City of Parkland, attached hereto as Exhibit "1," to provide communication services; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CORAL SPRINGS, FLORIDA: Section 1. The Agreement between the City of Coral Springs and the City of Parkland, attached hereto as Exhibit "1," to provide communication services, is hereby approved. Page 1 of 2 R.91-163 Section 2. The appropriate City officials are hereby authorized to execute the Agreement referenced in Section 1 above. Section 3. Effective Date. This resolution shall become effective upon adoption. PASSED AND ADOPTED the ,2/ day of MAV ATTEST: , 1991. CITY OF CORAL SPRINGS, FLORIDA E M. MILLS, MAYO Page 2 of 2 R.91-163