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HomeMy WebLinkAbout000693 Original Contract#000693 Radio System Sharing Agreement Emergency Responder Use of Licensed Radio Frequencies This Agreement is made between Clallam County Fire District 2, hereinafter called the "District", and the City of Port Angeles Fire Department, hereinafter called the "Department." The purpose of this Agreement is to coordinate and operate a shared radio system (the System) and infrastructure under the terms listed below. The System shall operate in accordance with Federal Communications Commission (FCC) Regulations 47 CFR 90.179 and 47 CFR 90.421. The System shall utilize radio frequencies granted for such use to the District and Department under the call signs KNEM994, WQME701, WQLJ602, KNEM996 and WPLS549. Permission is granted to each Party to freely utilize those frequencies licensed to the other until such time as this Agreement is no longer in effect. This Agreement shall constitute the complete agreement for the shared use of these frequencies and the supporting infrastructure. Article I Establishment of the System 1.1 Construction and Installation of System Infrastructure. The District and Department shall be jointly responsible for upgrading and replacing all towers, fixed radio equipment, buildings, building improvements, computer network, hardware and software (the Infrastructure) necessary for the operation of the System. Acquisition of the Infrastructure may be made through agreement with an outside agency or organization such as Olympic Public Safety Communications Alliance Network (OPSCAN) or Peninsula Communications (PenCom). The District, with the support of the Department, applied for and received a 2009 Port Security grant in the amount of $190,665. The grant requires 25% matching funds. The District is responsible for the full amount of the match. This grant will be used to upgrade the System Infrastructure within the boundaries of the District and the Department. 1.2 Acquisition of Radios and Other Equipment. Initial acquisition and construction of the Infrastructure will be accomplished by the District. The distribution and final ownership of the Infrastructure shall be in accordance with Appendix A. After the initial construction, each party shall be responsible for acquiring replacement or additional Infrastructure individually or by requesting that the other party act on its behalf to acquire the equipment. Any programming necessary for equipment critical to the operation of the System must be performed by a mutually agreed upon vendor or service provider. t.3 Ownership of the System. (a.) Infrastructure. Where a party to the Agreement solely owns an infrastructure component prior to signing the Agreement, that party shall retain sole ownership. Where acquisition has been made through a separate agreement, each party shall have a proportional interest in the ownership of that infrastructure as allowed by that separate agreement. (b.) Radio Equipment. Upon distribution of the initial Radio Equipment to a party, that equipment shall be owned solely by that party. The distribution and final ownership of the other equipment shall be in accordance with Appendix A. Article II Operation and Maintenance of the System 2.1 OPSCAN to operate and maintain the Infrastructure. OPSCAN shall be responsible for the maintenance and repair of all Infrastructure acquired through any separate agreements with OPSCAN. It shall be the responsibility of each party entering into this Agreement to maintain all solely -owned Infrastructure. Each party may request repair and maintenance services from OPSCAN/PenCom under a separate agreement. Future replacement of solely -owned Infrastructure is the responsibility of the party that owns the Infrastructure. Responsibility for future acquisitions shall be negotiated in good faith between the parties, but it is anticipated that the parties will pay proportionate shares of the cost based on each party's anticipated use. 2.2 Each party shall utilize the System under the terms of this agreement to conduct official business by the party. No personal communication of any kind is permitted. 2.3 Maintenance of the System. It shall be the responsibility of each party entering into this Agreement to maintain all solely owned equipment. Each party may request repair and maintenance services from OPSCAN/PenCom under a separate agreement. 2.4 Each party will have separate agreements with OPSCAN for use of the OPSCAN services. Article III Governance An advisory council shall be formed for the Governance of the System. The fire chief of each party, or his or her designee, shall serve as that party's representative to the advisory council. The advisory council shall address all matters concerning the operation and maintenance of the System and Infrastructure. Article IV Withdrawal Either party may withdraw from the System at any time upon providing written notice to the other party. Upon withdrawal, the party continues to be responsible for 100% of all unpaid costs associated with new equipment physically located within their respective jurisdictions. Upon withdrawal, each party retains ownership of all solely -owned equipment. Any other equipment physically located within the Department's boundaries will be the property of the Department. Any equipment physically located within the boundaries of the District will be the property of the District. See Appendix. Article VI Miscellaneous 6.1 No Assignment. No party to this agreement may assign its interest in the agreement or in the System, including its proportionate interest in the System to any other party or individual. 6.2 Responsible for Fines, Forfeitures or Penalties. In the event that a fine, forfeitures or penalty is assessed by the FCC for misuse of airwaves or any other violation of federal law or regulation, the member responsible for the violation shall be solely responsible for the payment of such fine, forfeiture or penalty. The parties signing this agreement shall have the power to bind the employees and functions of the agency for which they are signing. Executed b mas D. Martin Board Chair 4e�:46�auv folzfflr-,� C)��-". Date 11 i 3 Dan McKeen, City Manager City of Port Angeles Appendix A The Port Angeles Fire Department and Clallam County Fire District #2 radio systems consist of (1) a simulcast radio system, (2) a repeated tactical radio system and (3) a simplex radio system. The following defines the ownership of the system equipment and the proportional interest that each user holds in that equipment. The owner is responsible for all repair and replacement cost of the equipment. The proportional interest held represents the value that the operation of the site holds to each user and represents the percentage of the annual on-going operational expenses associated with the operation of the site and its related infrastructure. S�mt�lcast f�.adt� �yster`n Crty df PdrtAngeles i - �lallam F(sEe- DiatrtGt � Site �cea ionersrr�i«rst E{Orpmnt[o�}xQrtrpC� Lf Ow}rrship. P�bc�rtdtal> °;nterdst PENCOM 1000/0 66.6% 0% 33.3% Elwha 100% 66.6% 0% 33.3% Courthouse/PenCom 100% 66.6% 0% 33.3% Barnes Point 0% 0% 100% 100% O'Brien Road (WSP) 0% 0% 100% 100% Tactical l�a�io Syterr� �, City of i?ort Angeles, � { Clali'ar� I�ir� p�strct � - F - Site'- E�u�pm�nt r Pr��ari=rail ��te ;l„q,�rp�+ant Location Ovvr�er�hrp 1nt�rest `;, Loc�rnn '. Owriersl'trp PenCom 100% 66.6% 0% 33.3% Elwha 100% 66.6% 0% 33.3%