84-R-49RESOLUTION NO. 84-R-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE G% j
CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, CJy
TO EXECUTE AN AGREEMENT WITH THE CITY OF OAK HILL,
FLORIDA, TO PROVIDE 911 EMERGENCY AND REGULAR
DISPATCH SERVICES TO THE CITY OF OAK HILL FOR
1994-95; REPEALING ALL RESOLUTIONS IN CONFLICT HERE-
WITH AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE 1T 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 appropriate officials of the City of Edgewater, Florida, to execute an Agreement
with the City of Oak Hill, Florida, to provide 911 Emergency and Regular Dispatch
Services to the City of Oak Hill for 1984-85.
SECTION 2. A copy of said Agreement is attached to this Resolution and by
reference incorporated herein as if fully set forth.
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and the same are hereby repealed.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 adoption
by the City Council of the City of Edgewater, Florida, at a n oa,.d meeting
of said Council held on the�day of 1984, and approved as
provided by law.
I
This Resolution was introduced and sponsored by
and was read and passed by a vote of the City Council of the City of Edgewater,
Florida, at a nowmeeting said Council held on the y� day of()rMtA- ,
1984, and approved as provided by law.
ROLL CALL VOTE AS FOLLOWS:
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AGREEMENT TO PROVIDE 911 EMERGENCY AND
REGULAR DISPATCH SYSTEM TO THE CITY OF OAK HILL
THIS AGREEMENT made and entered into this day of
1984, by and between the City of Edgewater, a Florida municipal corporation (herein-
after "Edgewater") and the City of Oak Hill, a Florida municipal corporation (herein-
after "Oak Hill").
I. RECITALS
A. Oak Hill has requested Edgewater to provide dispatching through the Edgewater
Police Department switchboard 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:
IL OBLIGATIONS OF OAK HILL
A. Oak Hillagrees to provide the necessary response for emergency calls. It is
understood and agreed that Oak Hill will provide its own emergency responseon 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 $9,000.00 as follows: $4,500.00 upon the execution of this agreement
and $4,500.00 six (6) months thereafter.
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 judgments. Oak Hill further agrees to save and
hold harmless Edgewater from any liability that may arise due to Edgewater or
its employees sole negligent act, malfeasance and misfeasance in the transmission
of information, directions or other messages of any type or Oak Hill's failure to
respond to a properly made dispatch by Edgewater.
E. Oak Hill agrees to procure an insurance company of good financial and business
C 1i
standing in Florida that will insure both Edgewater and the communications system
dispatchers from the liability set forth in this contract, naming Edgewater as addi-
tional insured and providing a Certificate of Insurance to Edgewater. Oak Hill
shall pay the cost of said insurance prior to the commencement of this contract
and agrees to keep and maintain said insurance in full force and effect unless
this contract is terminated according to the provisions herein.
Ill. OBLIGATIONS OF EDGEWATER
A. Edgewater agrees to route Oak Hill's regular dispatching and 911 emergency
calls through the Edgewater Police Department switchboard.
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, operation 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. October 1, 1984 and ending
September 30, at midnight 1985.
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-
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B. This agreement is contingent upon its approval by Edgewater's liability
carrier.
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: City of Edgewater
Edgewater City Hall
P. O. Box 100
Edgewater, Florida 32032
For Oak Hill: 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. No assignment or transfer of this contract shall be made by Oak Hill.
E. No officer, official or agent of Oak Hill or Edgewater has the power to
amend, modify or alter this contract or waive any of its conditions or to bind the
City of Oak Hill or Edgewater by making a representation or promise not contained
herein without the granting of prior formal approval by the chief legislative bodies
of the parties to this contract.
F. This instrument contains the entire agreement between the City of Edgewater
and .the City of Oak Hill and merges and extinguishes 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.
G. 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 to be duly executed
(]landyear first o"ve written.
I —I] to L Kf�,,-
or, City of E a er one s
Attest:
ness
City Clerk
Mayor, City of Oak Hill
Attest:
mess
city Clerk -3-