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1993-40 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, DOC:18981 Page 1 of 7 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. DOC:18981 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 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. DOC:18981 Page 3 of 7 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. DOC:18981 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 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 DOC:18981 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: 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,