HomeMy WebLinkAbout1993-40 Communications Contract with City of Coral SpringsRESOLUTION NO. 93 - 40
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA APPROVING AND AUTHORIZING THE
THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE
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 3rd DAY OF November, 1993.
SUSAN ARMSTRONG, C.M.
City Clerk
AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS
AND THE CITY OF PARKLAND
TO PROVIDE COMMUNICATION SERVICES
THIS AGREEMENT, made and entered into on the 3rd day
of NUO R , 1993 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
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 The term of this Agreement is for a period of one
year retroactive from October 1, 1993 through
September 30, 1994. Unless a notice of termination
is received pursuant to Section 8 of this Agreement,
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the Agreement will be automatically renewed for
consecutive one year periods.
Section 2. COMPENSATION
2.01 PARKLAND shall pay CITY $18,490.00 during the first
year of the Agreement. Payment shall be made in
monthly installments. This amount is based on the
number of "events" registered for PARKLAND in the
previous year times 50% of the current per event rate
as determined by an independent user fee study. The
current rate is $1.72 per event. An event includes,
but is not limited to, calls for service, traffic
stops, computer inquiries of active warrants and
license checks.
2.02 For the first year, payment shall be made in eleven
equal monthly installments of $1,540.83. The final
monthly payment will be for $1,540.87.
2.03 In subsequent years, the contract price will change
based on the number of events registered for PARKLAND
in the previous year times 50% of the per event rate
in effect at the time of the renewal. Payment will
continue to be made in monthly installments.
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 radios, the City shall
acquire portable radios with a minimum of 2 watts.
3.04 Parkland agrees that any mobile radios shall be a
maximum 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.
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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 to the extent permitted by law.
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 PARKLAND acknowledges that CITY maintains control and
ownership over the radio communication offered by the
CITY and control over its employees.
6.03 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.
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Section 8. TERMINATION
8.01 This Agreement may be terminated by either party upon
ninety (90) days written notice.
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.
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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
2. Anthony O'Rourke, City Manager
City of Coral Springs
9551 West Sample Road
Coral Springs, Florida 33065
3. Lt. John Grimes
City of Parkland Police Department
6500 Parkside Drive
Parkland, Florida 33067
4. Harry J. Mertz, City Manager
City of Parkland
6500 Parkside Drive
Parkland, Florida 33067
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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:
CITY OF CORAL SPRINGS, a municipal
corporation organized and existing
under the laws of the State of
Florida
JONtA K. JOSEPH, City Cl_£ k
ATTEST:
SUSAN ARMSTRONG, City Cl
EN BERK, ice Mayor
Approved as to form:
By:
Ass tant C�d.t Attorney
CITY OF PARKLAND
By:
SAS AGLIARA, or
DOC:18981 Page 6 of 7
STATE OF FLORIDA )
) ss.
COUNTY OF BROWARD )
I HEREBY CERTIFY that, on the / day of
19 `17 personally appeared before me, an officer duly authorized
to administer oaths and take acknowledgements, Maureen Berk, Vice
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 (( day of�--
19^i _.
WITNESS my hand and of f icia2. seal at
Broward County, Florida this / lib day of
199, .
My Commission Expires:
STATE OF FLORIDA )
ss.
COUNTY OF BROWARD )
ARY PU )7IC, State of Florida
soil km
Notary Pub!!::, s"7,r"1 a'.' -.c-,
My Co.-- -,_:
I HEREBY CERTIFY that, on the 4th day of November
19 93 personally appeared before me, an officer duly 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 execute the same by City Commission
action on the 3rd day of November , 1993.
WITNESS my hand and official seal at Broward County
County, Florida this 4th day of NnvPmhPr
19 93 .
My Commission Expires:
JJH:bc:18981
NOTARY PUBLIC, STATE OF FLORIDA: -
MY C77.I`113SIGN EXPII:ES: Feb. 18, 1995.
BONDED TNEU NOTARY PUBLIC UNDERW ITERS.
NOTARY PUBLIC St a of
DOC:18981 Page 7 of 7
Florida,