83-R-78RESOLUTION NO. 83-R- 78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO
EXECUTE AN AGREEMENT TO PROVIDE 911 EMERGENCY
AND REGULAR DISPATCH SYSTEM TO THE CITY OF OAK
HILL, SUBJECT TO APPROVAL BY THE CITY OF EDGEWATER"S
LIABILITY CARRIERS; REPEALING ALL RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
Section 1: That the City Council of the City of Edgewater, Florida
authorizes the proper officials of the City of Edgewater to execute an agreement
to provide 911 Emergency and Regular Dispatch Systems to the City of Oak
Hill, subject to approval by the City of Edgewater's liability carriers.
Section 2: A copy of said agreement is attached to this resolution
and by reference incorporated herein.
Section 3; That all resolutions or parts of resolutions in conflict
herewith be and the same are hereby repealed.
Section 4: That this resolution shall take effect immediately upon
its doption by the City Council of the City of Edgewater, Florida, at a /
meeting of said Council held on the �day of
198_, and approved as provided by law.
This resolution was introduced and sponsored by
and was read and passed by a vote of the City Council heldon theoJ�day
of n�e), , 1983, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
this d,day of
M OR
COUNCILMAN Q/ ZON • f
.• �, • - Z TWO
COUNCILMAN - ZONE THREE
CgUNCILMAIN ff ZONE FOUL
Approved for legality and
form:
rney
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AGREEMENT TO PROVIDE 911EMERGENCY AND
REGULAR DISPATCH SYSTEM TO THE CITY OF OAK HILL
THIS AGREEMENT made and entered into this day of Aove.,.&cz
1983, by and between the City of Edgewater, a Florida municipal
corporation (hereinafter "Edgewater") and the City of Oak Hill,
a Florida municipal corporation (hereinafter "Oak Hill").
I RECITALS
A. Oak Hill has requested Edgewater to provide dispatching through
the Edgewater Police Department switch board for all regular calls
and 911 emergency calls for all emergency services in the City of
Oak Hill.
B. Edgewater is willing to provide the requested services to the
City of Oak Hill.
NOW, THEREFORE, the parties hereto in consideration of the keeping
and performing of their respective obligations as hereunder set
forth, agree each with the other as follows:
II OBLIGATIONS OF OAK HILL
A. Oak Hill agrees to provide the necessary response for emergency
calls. It is understood and agreed that Oak Hill will provide its
own emergency response on a twenty-four (24) hour seven days a week
basis.
B. It is understood and agreed that by entering into this agreement
Edgewater does not undertake any representation as to the adequacy
and sufficiency of Oak Hill emergency services.
C. Oak Hill will compensate Edgewater for said services by paying
Edgewater the annual sum of $4,500.00 as follows: $2,250.00 upon
the execution of this agreement and $2,250.00 six (6) months there-
after.
D. Oak Hill agrees to indemnify and hold harmless Edgewater against
any liability or losses resulting from injuries to persons or
property as a result of Edgewater undertakings pursuant to this
agreement. including, but not limited to, the necessary legal
defense and payment of any judgements.
III OBLIGATIONS OF EDGEWATER
A. Edgewater agrees to route Oak Hill's regular dispatching and
911 emergency calls through the Edgewater Police Department switch
board.
B. Edgewater agrees to provide the service so long as in doing so
Edgewater's ability to provide its own dispatching for regular and
emergency calls will not be impaired.
C. It is specifically agreed and understood that by entering into
this agreement Edgewater does not agree to respond nor is Edgewater
expected to respond to emergency calls outside of the city limits
of the City of Edgewater.
D. Edgewater is solely responsible for the administration, opera-
tion and maintenance of the dispatching personnel and equipment
necessary to implement this agreement.
IV TERM PROVISIONS
A. This agreement is for a term beginning at 12:01 A.M. December 5,
1983 and ending September 30, at midnight 1984.
B. This agreement may be cancelled by either party provided that
thirty (30) days prior written notice is given by the Party wishing
to cancel.
C. This agreement is subject to re -negotiation and extension for
an additional period of one year provided that written notice be
given by the Party wishing re -negotiation of this agreement at
least sixty (60) days prior to the expiration date in paragraph IV.A.
V ADDITIONAL TERMS AND CONDITIONS
A. Failure of Edgewater to comply with or delay in the performance
of any term or condition of this agreement shall be excused if and
to the extent such failure or delays are caused by acts of God, wars,
strikes,fires, floods, weather, supplies, breakdowns or shutdowns of
equipment, failure in capacity of transportation facilities, or any
law, rule or regulation or the order or action of any court or
agency or instrumentality of any government or any other cause
beyond the control of the party hereto responsible for or charged
with such failure or delay.
B. This agreement is contingent upon its approval by Edgewater',
liability carrier.
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C. If either party desires to give notice or to make any tender
to the other, such notices or such tender must be in writing and
shall be given when deposited in the United States Certified Mail,
Return Receipt Requested, and addressed to the party for whom it
is intended, as follows:
For Edgewater:
For Oak Hill:
City of Edgewater
Edgewater City Hall
P.O. Box 100
Edgewater, Florida, 32032
City of Oak Hill
Oak Hill City Hall
234 South U.S. #1
Oak Hill, Florida, 32759
Nothing herein shall be construed as preventing the parties from
changing the place to which notice must be addressed, but no such
notice of change shall be valid unless given in accordance with
the terms of this paragraph.
D. This instrument contains the entire agreement between the City
of Edgewater and the City of Oak Hill and merges and extinquishes
any and all prior negotiations, and no modifications hereto shall
be valid unless it is in writing and signed by both the City of
Edgewater and the City of Oak Hill.
E. This agreement and the rights of the parties hereunder, shall
be determined in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto, acting under authority of
their respective authorized officers, have caused this agreement
be duly exe Sited the day and year first above written.
MAYr,r
OR, C ty of Edge' ater '
Witness
Witness
ATT
Zlf
/City Clerk, City of Ecjg water
" YOR, City o Oak Hill
n s
i tness
ATTE /
City Clerk, i y ot OaX Hill
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