1969-639s:•
t;
ORDINANCE N0. 7 -69 -639
AN ORDINANCE AUT RIZING EXEC IOT F�A4k.
MENT WITH � FP` bv—COMMQNICATION CITY
OF:MIAMI FLOR DA, ^AND PROVI -Rd FOR'APPROPRIA-
TIONS UNDER AUTHORITY OF SECTYON 15 OF THE
CHARTER.
BE IT ORDAINED 'BY THE MAYOR AND CITY 06 CIL OF THE CITY
OF SOUTH MIAMI, FLORIDA:
That, pursuant to the authority of Section 15 of Article
V of the Charter of the City of South'Miam, and this ordinance, the
proper officers of the City be and they 'hereby are authorized and
directed to execute and to carry out for and on behalf of the City
of South`Miami an agreement with the Department of Communications
of the City of Miami, Florida, said agreement being attached hereto
and, by reference, made a part hereof; it being inherent that appropri-
ations required thereunder shall be included in future budgets during
the effective term of said agreement.
PASSED and ADOPTED this 15 day of April , 1969•
mayor
t
Attest:
city 5xerk
-1
f�
DEPARTMENT OF COMMUNICATIONS
CITY OF MIAMI
AGREEMENT COVERING RADIO'COMMUNIe IONS !ERVICE
This agreement, mode and entered into, this i�� day of rA�ii�1� 19 67, by and between the
City of Miami, o k�icfpa o ti f the Stotpo lorido, located in the County of Dade, in said State, as party of the
first part, and �• °� � C's of the State of Florida, as petty of die second pert.
Witnesse:h: - -
That, Wheraasr the potty of the list part', for several years heretofore has been operating,'ond with additional equip.
ment now available, will continue to operate a radio communication system fat certain portable mobile and fixed units
of the Department of C666iuni cation s of the City of Miami and Public Safety Agencies within this general area
with whom contracts might be made from time to time.
,. _ -
Whei eas; the party of the'(ir'sF port; is not prohibited by law ot'federal regulations from entering into this contract, and
lending to' the party'of the second part, certain equipment and tupplOng certain services, all hereinafter set forth, and this
instrument is fortheporpose of reducing to writing end rendering certain, the agreement which the two parties hereto have
tentoti -ely mode.
Now, Therefore, in consideration of Wepromisis!ondlhe mutual covenants on the part of the partieshereirtoher con -
toined, to be- observed and performed, and other valuable consideration, they do hereby covenant, agree and bind themselves
as follows, to wit;
The potty of the first part agrees to furnish, and the party of the second part agrees to accept two -way radio communication -
service for the following' items: -
Monthly Initollation Basic Termination
No. Type of Service Rate Costs Churga TotalMonthlyRote
E
Per Unit Per Unit PerUnit
I +:
11 Mobile Unit(s) lge0- 20,00 300000 IM00
F i
Dispatching Facilities
complete
1
8 Radio Intercom 10.00 25400 300.00 LOe 00
t �%
Supervisory 66e 00
13 - - -6r -V VV
1
4
r
t
i
"M4.1 Wme 12,00
1
TOTAL RATE for Contract 1e00
i
rho primary term of this Agreement shall extend for a period of FIVE (5) Years from the 1 '� day of
April, 19 69
n
The party of the first port agrees to lend ta the party of the second part, and to install the above units, as shown in
Pert 1, and fo service from time to time, such transmitting equipment os the potty of the second port may need for i is f wo
way units,with the understanding, of course, that the party of the socond part, will not abuse, but will properly core for, and
properly use said equipment and will return it oil to the party of the first port promptly upon termination of thi s agreement or
any extension or renewal hereof, in as good condition as it is when received, subject only to wear and fear from proper use.
The rates and charges,,prescribed herein ore those roves and charges now in effect for such services -_-id equipment
If the rates or charges for such services or equipment shall, dvrlrf his fern of this contract, be increased or decreased by
proper authority, then the rates or charges sot out herein shall be thereby increased or decreased accordingly.
If the service is discontinued by the City of Miami for brooch of this contract by the subscriber, or is discontinue t
by the subscriber, before the expiration of the initial term, the subscriber will pay a termination charge determined by
applying to the total basic termination charge designoted herein, the percentage which the unexpired portion of the primary
term boors to tha full primary term.
• t
f
IV
In conformity "with federal regulations, it is hate provided that all repairs upon said two-way radio transmitters shall
be _ made only by authorized parties deiignoted by the Director of the Department of Communication, being-a pet ate1JVY the
party of the first port as aforesaid, and that however slight or trivial the need for adjustment or repair may appear to be to
the operators of "the mobile unit's; "they nevertheless will not make, or suffer, or request others to make such adjustment
or repair, but will Submit the equipment to the said Director for adjustment or repair by him or his representatives.
V
Nothing herein shall be in `violation of the Federal Communications Commission rules and regulations. The City of
Miami shall at all times maintain fill control and supervision overAls equipment and operation,' Equipment shall be used
only for emergency Police and Fire" traffic, except for tests which may be requested by the Department of Communications,
City of Miami, for the purpose of maintaining' the equipment in conformity with Federal Communications Commission rules
and regtio
ulans: Provisions shall be made for the immediate access to the egUipmentat all hours by authorized employees
of the Doportment of Communications, City of Mfomi, upon proper fdontificotion, as well os any representative of the Fed -
eral Communications Commission, upon proper identification. The`low enforcement officers' assigned to operation of this
equipment, `'shall be ordered by their` superior officers to OccOpt and abide bjiiny, Insteuctions given to them concerning the
operation of the radio equipment in said mobile unit cr units, by the Director of the Deportment of Communications at his
authorized representatives. Such orders' from thabirector of the Department of Communications or his authorized repre-
sentatives, shall be accepted some as if received from their regular superior officers.
I VI
Whereas,'the Cityy�of Miami, a Municipal Corporationof the State a! Florida, ds party of the first pact, and "Mir of
South- Warns L'' UCiRof the State of Florida, os party of the second part, heretofore executed on agreement as of
the__Ijd_day of_ T31 19111, covering radio communications service to be rendered by the party
of the second pact.
Now, Therefore, inconsideration of the mutual covenants' 4ontotned in the ogreement executed between the parties
hereto, an the 10 day of ADVO _ , 19_", upon the`part of each, to be mode and performed, and
for the further consideration as contained in said agreement to be paid by the partyof the second part, to the partyof the
first part:
Witnesseth:
Party of the second part, covenants and agrees with the Party yof iheYirst part to woive any rights which it may hove
request individual
! hgfr radio icgn the saC t i and herewith defe
to P Orly of -thef rstP a "rtthe rig ht o obtain such licenses as may be necessary, torend r he se rvices extend ed under ilia
provisions of this agreement.
Party of the second port,' further covenants and agrees with the 'po`rty "of first put that in the event perty'of the'second
part, determines nor- to continue the contractual relationship established' between the parties hereto and determines not to
renew this agreement aflar the date of this termination, ft shall give written notification to the Federal Communications-Com-
mission of Washington, D. C., and to the party of thefirst port, of its intention not to continue this and not to
renew the sane.
V11
The payments to too made by the partyaf'the second part for the services to be rendered, shall be made on the first
day of each calendar month. Including thb first day of �A 11 19-fit)_-
VIIT''=
Z The parties heroto realize the impossibility of incorporation heroin, aprovision to cover every condition or question
which may or might hereafter arise, and therefore, find themselves to be fair and reasonable in settling and adjusting all
i such questions. ,
In witness whereof, the parties hereto hove caused this instrument and an exact duplicate hereof to be executed in
their names and their corporate seals to be affixed hereto and to said duplicate, by their representatives thereunto duly
authorized.
i ATTEST: - The City of Miami A Municipal
�` _�_' - " -- Corporation of The tole of Florida
C ty Clerk, -ty of Miami
ATTEST:
L aL�i py:
City CI rk, •Party o! 4nd Port ity M -' eq — -- - --
Party of he F rs P rt
l
i Byl " � 47-� I �'
1 CD roved as" Form: Attorney, Pa of The Second Part
ty of The Second Part
TE; _
al-1v - y horn, oy, lit if -.iomi ��
Approved os t Fegsjbility and quipmmeent
ay0- --
Director
Doporfm{nt of C....m onl
5 -24 -69
OIZIGNAl r Pay of if,. Flnt Pcrr
COP( Pert of IM S ... nJ Pat
COPY F C C
COPY Flnmro Opp,o—t
COP( Or". Cenmwf1-1—