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HomeMy WebLinkAboutResolution 2013-089 MOU with yuma regional communications for system-wide calling channelMARANA RESOLUTION NO. 2013-089 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE YUMA REGIONAL COMMUNICATIONS SYSTEM FOR THE USE OF A SYSTEM-WIDE CALLING CHANNEL WHEREAS the Yuma Regional Communications System operates a regional communications system for law enforcement and desires to allow the Marana Police Department to use the system pursuant to a memorandum of understanding; and WHEREAS the Yuma Regional Communications System is authorized by Federal Communications Commission Part 90 Rules to extend license privileges to others by agreement; and WHEREAS the Town Council finds that adoption of the memorandum of understanding is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The memorandum of understanding between the Town of Marana and the Yuma Regional Communications System, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Chief of Police is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the memorandum of understanding. Resolution 2013089 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 1 St day of October, 2013. ATTEST: � � Jocelyn C. Bronson, Town Clerk Resolution 2013089 • • X � �t MEMORANDUM OF UNDERSTANDING (MOU) System-Wide Calling Channel Yuma Regional Communications System (YRCS) and � y rized Federal, Tri al, State, Local Agency, or m rgency Organization) 1 PURPOSE This Memorandum o derstanding (MOU) is betw en t e Yuma Regional Communications System (YRCS) an i (Signing Agency or User). This MOU establish permission and guidelines for use of a system-wide calling channel on the Yuma Regional Communications System (the "System-Wide Calling Channel). This MOU and the Southeastern Arizona Communications Center Talk Group (SOP) document imposes certain protocols, procedures, and obligations upon the Signing Agency and their users hereby authorized to use the System-Wide Calling Channel. 2 AUTHORITY This MOU satisfies Federal Communications Commission Part 90 Rules for extending license privileges to others by agreement. 3 APPLICABILITY Agencies and organizations wishing to operate on the System-Wide Calling Channel must sign a Memorandum of Understanding (MOU) with the Yuma Regional Communications System (YRCS) which along with the State of Arizona hold the FCC licenses for the system's frequencies. For the purpose of this MOU, any references to YRCS include any YRCS personnel and\or contractors working on behalf of YRCS. 4 Communications Equipment Provided by YRCS YRCS shall provide the following equipment to the signing agency at no cost to the signing agency: One Motorola XTL 1500 Radio as a control station within the Agencies Dispatch Center. An antenna system consisting of; The omni 700/800 MHz Antenna, 75ft coax assembly with connectors, lightning suppressor, 20ft jumper cable for the indoors, and an interface cable that connects to the radio and provides a RJ45 connector for interfacing TX/RX audio and PTT keying. The signing agency shall accept responsibility for providing installation of the antenna system and the 12Vdc required to operate the control station and any mounting hardware required. Additionally, for the return of any equipment in the condition that it was received. Resource Modifications — The signing agency shall not reprogram or modify any YRCS provided equipment without prior written permission from YRCS. Should a modification need to be made by YRCS, the signing agency will follow the procedures outlined in the Southeastern Arizona Communications Center Talk Group. Page 1 of 4 Revision 03/2012 5 UNDERSTANDINGS YRCS will: I. Manage and maintain proper license for the use of the System-Wide Calling Channel identified herein. II. Manage and maintain an accurate database of federal, state and local government agencies that have accepted and signed this MOU. III. Manage and maintain the System-Wide Calling Channel. IV. Install its equipment in such a manner as to not interfere with any existing equipment. YRCS agrees that it will not alter, move or rearrange any existing equipment without prior written authorization from the signing agency as necessary. Hardware installations will not exceed load limits of existing equipment or restrict access to existing equipment. Installation locations will be agreed upon by the signing agency. V. Provide advance notice to the signing agency whenever YRCS needs access to the site location and will coordinate through the identified signing agency POC. VI. Coordinate radio frequencies with signing agency personnel in order to avoid harmful radio interference. Emissions will not cause radio interference with existing systems. Interference issues will be resolved cooperatively between the signing agency and YRCS technical personnel. If a resolution cannot be found, YRCS will de-energize and/or remove equipment (if warranted) until a solution is identified. VII. Provide for services for the installation, upon request, maintenance, system upgrades, service, removal, and support for the electronic equipment involved in this MOU, which includes, but is not limited to radios, cabling, and related equipment, for a period of two years from the signing date of this MOU. The requesting agency shall be responsible for in-state travel reimbursement. Signing Agency will: Train on use of the System-Wide Calling Channel during regional and statewide communications planning and exercises when appropriate. Manage the use of the System-Wide Calling Channel by its employees, ensuring compliance with the MOU and the Southeastern Arizona Communications Center Talk Group and use for intended purposes and compliance with federal/state/local laws, ordinances, and rules. 111. Ensure the System-Wide Calling Channel is monitored as identified in the Southeastern Arizona Communications Center Talk Group. IV. Report any technical and maintenance problems with the System-Wide Calling Channel to YRCS following the procedures outlined in the Southeastern Arizona Communications Center Talk Group. V. Participate in regular open-net tests of the System-Wide Calling Channel as identified in the Southeastern Arizona Communications Center Talk Group. VI. Provide YRCS access to the facility identified in MOU Section 8 Agreement to enable installation of the equipment in an appropriate rack space with power required. VII. Provide services and/or coordination of maintenance, system upgrades, service, removal, and support for the electronic equipment involved in this MOU, which includes, but is not limited to radios, cabling, and related equipment at the end of the two year period from the signing date of this MOU. The signing agency shall be responsible for replacement of the electronic equipment, as required, in instances such as the YRCS FCC mandated 700 MHz upgrade to TDMA by January 2017. The parties mutually agree: Page 2 of 4 Revision 08/2012 User and YRCS agree this MOU may be cancelled at any time, by written notice to the other party, or by subsequent agreements. Termination may occur with or without cause, and the signing agency or YRCS can terminate this MOU at any time. If this MOU is terminated, the equipment shall be returned to YRCS and YRCS will coordinate for the removal of equipment installed pursuant to this agreement within 60-days of receipt of written notice of termination of this MOU. 6 Notice Notice to either party under this MOU will be effective upon receipt of the notice by the named Point of Contact (POC) at the addresses and contact numbers identified below. Signing Agency POC: The Signing Agency POC, address and contact numbers shall be as identified in Section 8 Agreement below. YRCS POC: The YRCS POC, address and contact number shall be: City of Yuma, Stephen Holland Assistant IT Director of Telecommunications One City Plaza, P.O. Box 13014 Yuma, Arizona 85366 (928) 373-4902 7 MISCELLANEOUS Conflict of Interest — This Agreement is subject to cancellation for conflicts of interest under the provisions ofA.R.S. § 38-511. E-Verify — Both Parties acknowledge that immigration laws require them to register and participate with the E-Verify program (employment verification program administered by the United States Department of Homeland Security and the Social Security Administration or any successor program) as they both employ one or more employees in this state. Both Parties warrant that they have registered with and participate with E-Verify. If either Party later determines that the other non-compliant Party has not complied with E-Verify, it shall notify the non-compliant Party by certified mail of the determination and of the right to appeal the determination. III. Sudan and Iran — Pursuant to A.R.S. §§ 35-391.06 and 35-393.06, both of the Parties hereby warrant, and represent that they do not have, and its subcontractors do not have, and during the term hereof will not have a scrutinized business operation in either Sudan or Iran. IV. Indemnification - Each party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person (including death) or property damage, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. V. Severability - Nothing in this MOU is intended to conflict with existing laws and/or regulations, with any contractual responsibilities and obligations imposed by third-party contracts or agreements, or with the agency directive of the signing agency or YRCS. If a term of this agreement is inconsistent with such authority, then that term shall be invalid, but the remaining terms and conditions of this agreement shall remain in full force and effect. Page 3 of 4 Revision 08/2012 8 Agreement This Memorandum of Understanding was agreed to this day of , 20 Signing Agency Name: Address: Authorized Signer Signature: Print Name: Title: Point of Contact Name: Title: Phone: Email: Address: Installation Facility (If applicable) Facility Name: Facility Address: City, State, Zip: Facility 24 hour Phone Number: Do not write below this line. ***�*�*�*************�*�*�*****:**�*****�**********:******:**********�**�******,�***��.*:*�***:****************�******�*,�******�** Yuma Reqional Communications Svstem Signature: Leon N Wilmot Yuma County Sheriff Chairman, YRCS Page 4 of 4 Revision 08/2012