LICENSE AGREEMENT REGARDING RADIO MONITORING EQUIPMENT AND ACCESSORIES
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this Jfti. day of 7iH.J./~ /
1990, by and between the City of Clearwater, Florida,
to herein as the "City," and rite' 'r;~~s lult/I~),I;';r
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a municipality, referred
(:0. , a corporat i on
organized and existing under the laws of the State of Florida, whose mailing
address is f, fJ, ~177- I/a.( 51, ;Jele,.f$~ld?, J'::( 3313/-//'l(, referred
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to herein as the "Licensee."
IN CONSIDERATION of the mutual promises and covenants contained herein,
the sufficiency of which is acknowledged, the parties hereto agree as follows:
1. The City hereby delivers to Licensee the radio monitoring equipment
and accessories listed and described in Exhibit A attached hereto, and grants
to Licensee the license, right and privilege to possess and use the equipment
and accessories for tht purpose of monitoring police radio transmissions of the
City in accordance with the terms of this agreement. The radio monitoring
equipment and accessories are referred to herein collectively as the "Equipment."
and each radio monitor is referred to individually as a "Unit."
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2. The license, right and privilege granted pursuant to this agreement
is exclusive to Licensee, and shall not be assigned without the express written
consent of the City. The Equipment may be used by Licensee and its officers
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and employees, but shall not be made available to or used by any other person.
3. The initial term of this agreement shall be fot one year. This
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agreement may be renewed or extended upon such terms as the parties may agree.
4. The Licensee, for the license, right and privilege granted herein,
shall pay the City an initial license fee of $20.00, an equipment fee of
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$ 7.,003.50 , plus a maintenance fee of $180.00 per Unit.
(a) (Check if applicable: XXXX ) In addition, Licensee shall paY,the
City an installation fee of $35.00 per hour for required labor plus the actual
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cost of antennae, cables, and other parts and materials necessary for.
installation.
(b)
In the event that this agreement is extended or renewed for one or
more subsequent years without replacing the Equipment, the license fee shall be
$20.00 per year, and the maintenance fee shall be $180.00 per year per Unit.
(c) The maintenance fee shall cover the costs of routine or preventive
maintenance and repair made necessary by ordinary wear and tear. . The cost to
repair damage to the Equipment caused other than by ordinary wear and tear shall
be the responsibility of the Licensee.
5. All maintenance, repairs and adjustment of th~Equipment shall be
performed by the City. The Licensee shall deliver the Equipment to the radio
shop of the City, located at 1900 Grand Avenue, not less than 15 days and not
more than 45 days prior to the end of the term of this agreement for annual
maintenance, and at other times when repair or adjustment is necessary.
6. The Equipment shall be programmed by the City for use in monitoring
the primary dispatching channels of the Clearwater Police Department. The
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Equipment shall have no transmission capability.
7. The Licensee shall have the right, during the term of this agreement,
to use the Equipment for access to and monitoring of the primary dispatching
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channels of the Clearwater Police Department, except during such times when the
Equipment is in the possession of the City for maintenance, repair or adjustment.
8. The Licensee shall notify the City promptly/by telephone, in the
event of loss or theft of, or damage to, the Equipment. Such telephone notice
shall be given by calling the Police Communications Supervisor at (813) 462-
6273, or. the City Rad i 0 Shop at 462-6751.
9. The Licensee shall not modify or attempt to modify the Equipment
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with respect to its transmission capability or assigned frequencies, or in any
other manner whatsoever, or permit any other person to do so. The Licensee shall
not repair or attempt to repair the Equipment, or permit any other person to do
so. The Licensee shall not use the Equ4pment for any unlawful purpose, or permit
any other person to do so.
10. The Licensee represents to the City that Licensee is the holder of
a valid amateur radio operator or station license issued by' the Federal
Communications Commission, and that Licensee otherwise qualifies for the
exception from Section 843.16, Florida Statutes. A copy of the amateur radio
operator or station license shall be provided to the City at the time of
execution of this agreement, and a copy of any amendments to or renewals of the
license during the term of this agreement shall be furnished to the City upon
receipt by the Licensee. In the event that Licensee's amateur radio operator or
station license expires or ;s suspended or revoked, or that Licensee otherwise
ceases to qualify for the exception from Section 843.16, Florida Statutes,
Licensee shall promptly notify the City and this agreement shall be terminated.
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11. The Licensee shall indemnify, defend and hold harmless the City and
its officers and employees from any and all claims for damages arising directly
or indirectly from the use of the Equipment pursuant to this agreement, other
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than claims for damages arising from the negligence of the City or its officers
or employees.
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12.
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The City and the Licensee shall each have the right, at any time
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during the term hereof, to terminate this agreement, with or without cause.
13. In the event that this agreement is terminated due to no fault of
the Licensee, the City shall refund only the maintenance fee less the actual
costs of maintenance performed by the City prior to the date of termination.
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14. Upon the termination of this agreement, the Licensee shall return
the Equipment to the City in good and serviceable condition, ordinary wear and
tear excepted.
15. Except for the telephone notice required by Paragraph 8 in the event
of loss or theft of, or damage to, the Equipment, all notices by Licensee to the
City under this agreement shall be given in writing and delivered by hand
delivery to the Chief of Police of the City, at 644 Pierce Street,. with a copy
to the City Manager, 112 South Osceola Avenue, or by mail addressed to Post
Office Box 4748, Clearwater, Florida 34618. All notices by the City to the
Licensee shall be given by hand deli~ery~r b~ ~ail at the addres~ shown abo~e.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
CITY OF CLEARWATER, FLORIDA
7;id:
Rita Garvey, Mayor-Commis oner
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Ron H. Rabun, City Manager .
Approved as to form and correctness:
Attest:
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Cynt 'a &;-~oudeau, City Clerk
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y Attorney
Attest:
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XXXXXXXXXXXXXX [Licensee]
l'n'1bS ?lTi3LI,sEINC C CJi.;?A.1JY
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Secretary
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President
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RADIOS FOR MEDIA
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Basic Portable Radio
,No scanning capabilities. Will monitor three
primary police groups, one at a time.
Scan Portable Radio
Will scan three primary police radio groups.
No transmit capabilities on either radio.
Basic function will be to monitor.
Accessories for above
Rapid Desk Charger for Battery
Extra Battery
Belt Clip
FHD Control Station (FMD861) Fixed Unit
AC Power Supply (13 Amp, 60 Hz)
Will scan three primary police groups
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07-27-90
$1,905.50
2,287.50
188.00
62.00
13.50
$1,928.50
Yearly maintenance~$180.00 per unit, not to include physical abuse
or replacement batteries for portable units.
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Item #4 will require installation at a cost of $35.00 per hour for
labor and an undetermined amount for installation materials. This
cost will depend on the installation, amount of cable required and
type of antenna, etc. It should be nc;>ted that if the unit did
require repair, it would have to be brought to the Radio Shop.
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Above prices are from our current contract.
Expect sizable increase in 1991.
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Good through 1990.
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