LICENSE AGREEMENT/RADIO MONITORING EQUIP/ACCESS.
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into this
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day of
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, 1994, by and between the City of Clearwater,
Florida, a municipality, referred to herein as the "City," and
New World Communications of Tampa, Inc., whose mailing address is
3213 West Kennedy Blvd, Tampa, Florida 33609, referred 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 the
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purpose of monitoring po~ice 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."
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 and employees, but shall not
be made available to or used by any other person,
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3. The initial term of this agreement shall be for one year.
This 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 administrative cost reimbursement fee of $295.00, an
equipment fee of $2,444.50, plus a maintenance fee of $180.00 per
Unit. Total due to the City by the licensee upon initial award of
this license agreement shall be $2939.50.
(a) If Licensee requires the City's assistance to install the
equipment, Licensee shall pay the City an installation fee of
$35.00 per hour for required labor plus the actual 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.
(d) The Licensee shall carry sufficient property insurance to
cover the replacement cost of the equipment in the event of loss,
theft, or destruction while the equipment is in the possession of
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the Licensee. If the equipment is lost, stolen, or destroyed, the
Licensee shall be required to pay the City an amount equivalent to
the replacement cost of the equipment.
5. All maintenance, repairs and adjustment of the 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
moni toring the primary dispatching channels of the Clearwater
Police Department. The 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 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
Radio Shop at 462-6751.
9. The Licensee shall not modify or attempt to modify the
Equipment with respect to its transmission capability or assigned
frequencies, or in any other manner whatsoever, or permit any other
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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 Equipment 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 848.16, 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 is 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.
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 than claims for damages
arising from the negligence of the City or its officers or
employees.
12. The City and the Licensee shall each have the right, at
any time during the term hereof, to terminate this agreement, with
or without cause.
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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.
14. Upon the termination of this agreement, the Licensee
shall return the Equipment to the City within 10 days 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, ~~ 64~ Pi~rce Street, with a copy to the City Manager,
112 Osceola Avenue, ,'or by mail addressed to Post Office Box 4748,
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Clearwater ,'Tlorida 34618. All notices by the City to the Licensee
shall be given by hand delivery or by mail at the address show
above.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
CITY OF CLEARWATER, FLORIDA
Rita Garvey
Mayor-Commissioner
Approved as to form
and legal sufficiency:
Attest:
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Rob Surette
Assistant City Attorney
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Cyn ia>E. Goudeau
City Clerk
Attest:
New World Communications of
Tampa, Inc.
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V1ce PreS1aent
News & Operations
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LICENSE AGREEMENT
EXHIBIT A
ERICSSON/G.E. CONTROL STATION, MODEL FMD885,
SERIAL # TO SCAN THREE PRIMARY
POLICE DISPATCH GROUPS.
POWER SUPPLY, 120 VAC, 13A, MODEL FMPS5K
DESK TOP MOUNTING WEDGE MODEL FMMA1L
TOTAL EQUIPMENT FEB (ABOVE ITEMS):
LICENSB FEE:
ADMINISTRATIVE COSTS REIMBURSEMENT:
FIRST YEAR MAINTENANCE:
TOTAL DUE UPON CONTRACT AWARD:
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$2,212.00
$ 221.25
S 11. 25
$2,444.50
$ 20.00
$ 295.00
$ 180.00
$2,939.50