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HomeMy WebLinkAbout1987-02917811 i AN INAE BETWEEN CITY OF DENTON AND OR THE NC CNORTH APPROVING OTEXASAN REPEATER ASSOCIATION S ASSOCIATIONFOR EMERGENCY COMMUNICATIONS ASSISTANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor and City Secretary are hereby authorized and directed to execute and attest, respectively, an agreement ter between the City of Denton and assistance under as he terms and Association for emergency conditions being contained in said agreement which is attached hereto and made a part hereof SECTION II That this ordinance shall become effective immediately upon its passage and approval day of 1987 PASSED AND APPROVED this the Y RAY ST NS, AYAR CITY 0 DENTON, TEXAS ATTEST JEN A RS ACTI CITY SECRETARY CITY F DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS ' THE STATE OF TEXAS S AGREEMENT BETWEEN NORTH TEXAS REPEATER ASSOCIATION AND THE CITY OF DENTON, TEXAS COUNTY OF DENTON S The City of Denton, hereafter referred to as the "City" and North Texas Repeater Association, hereafter referred to as "NTRA", hereby agree to the terms and conditions set forth herein Section I Purpose The purpose of this agreement is to provide emergency com- munications for the City of Denton in meeting any emergency or disaster from enemy attack or other cause, natural or man-made This agreement recognizes that the prompt, full and effective utilization of the resources of the respective organizations, the City and NTRA, is effective utilization of the resources of the oftherespective peopletles is thereofeSinntial to the event e ofafatmajorreand welfare eme emergency or disaster Section II Responsibilities The directors and officers of both parties shall constitute a committee to formulate plans and take all necessary steps for the implementation of this agreement Such planning shall incorporate the use of resources, including personnel and equipment necessary It shall be the duty of each party to formulate emergency plans and programs for application within the boundaries of each There shall be frequent consultation between the representatives of the City and NTRA and free exchange of information and services In carrying out such emergency services, the City and NTRA shall, so far as possible, provide and follow uniform standards, practices and rules and regulations, including A Warnings and signals for exercises or disasters and the mechanical devices to be used in connection therewith, B Selection of equipment and services touse , or that to e such used, for emergency purposes equipment and services will be easily and freely interchangeable when used in or by the other party, C The conduct and control of generators, trustees, radio operators, City staff and other involved personnel and their proper movement or activities prior, during and subsequent to exercises, emergencies or disasters, D The compliance of governing FCC rules and regula- tions, which may require periodic monitoring of the frequencies involved by the City Equipment provided NTRA Amust sponsored and belong eloopergedo an individual, but must be NTRA approved, Either party requested to render aid shall take such action as is necessary to provide and make available the resources covered by this agreement in accordance with the terms hereof, provided that it is understood that the party rendering aid may withhold resources to the extent necessary to provide reasonable protection for the other The emergency communications forces, NTRA, and the utilizing forces, the City, will continue under the command and control of their regular leaders, but the communitins all come onal controlcaofothe uCity authorities nits or forces hreceiving uassistancnder the eo whenthis agreement is activated All requests under this agreement shall be made between the City and NTRA officials, or according to emergency p activa- tionlan , when available This organizational tool will serve as a channel through which aid will be dispatched Section III Assistance by NTRA The following detailed services shall be provided by NTRA to the City A Emergency communications, if requested for i Telephone/power outages ii Tornado warning ill Flash flood warning iv Shelter/evacuation v Surveillance/reconnaissance B Non -emergency services for i Provision of consultation on communications systems/upgrade ii Planning for other emergency services iii Provision of electricity for repeater operations iv Telephone line/charges for repeater operations v UHF and VHF repeater systems vi Maintenance of tower and equipment PAGE 2 C In addition, NTRA will continually maintain its assigned area in a clean and neat manner and provide a minimum of one patrol during daytime and one at night, on an irregular basis, for security Section IV Assistance by City The following detailed services shall be provided by the City to NTRA A Emergency support for i Assessment of needs ii Direction and control of information iii Keeping NTRA informed of the emergency situation iv Portable generator, if available B Non -emergency services for i Tower ii Building Section V Limitations Limiting factors affecting NTRA service to the City will be based on severity of situation and manpower availability due to generators aresasters or available survival electricalsituations powerPortable ower andnormal repeater operations Limiting factors affecting the City service to NTRA will be based on access to the antenna, repeater, and controller apparatus Section VI Liability and Compensation Neither party shall provide payment of compensation nor death benefits to injured members of the other party and the rere of membersntat ives sustainofinjuries d or mares killedhewhilety in case rendering uch endering aid pursuant to this agreement Section VII Supplementary Agreements Inasmuch as it is probable that the pattern and detail of the arrangements for mutual aid among two (2) or more agencies may differ from that appropriate among other agencies hereto, this agreement contains elements of a broad base common to all PAGE 3 parties, and nothing herein contained shall preclude any party or agency from entering into supplementary agreements with other agencies Such supplementary agreements may comprehend, but shall not be limited to, providing communications for evacuation, reception of injured or other persons, and the exchangeof information concerning medical care, fire, police, public tol they,Cityccommunications welfare, transportation equipment nand n assistance supplies for communications by NTRA Section VIII Consideration NTRA will pay One Dollar ($1 00) per year for facility usage in addition to providing the above services Section IX Term This agreement shall continue in force and remain binding on each party for one (1) year from the date of execution and shall be automatically renewed for successive one (1) year terms, until such time as the governing body of either party takes action to withdraw therefrom Such action shall not be effective until thirty (30) days after written notice thereof has been sent by the other party wishing to terminate the agreement Notices shall be deemed effective when deposited in the United States mail, certified, postage prepaid, return receipt requested and shall be delivered to CITY OF DENTON Lloyd V Harrell City Manager 215 East McKinney Denton, Texas 76201 Section X NORTH TEXAS REPEATER Woody Lil)edahl P 0 Box 2603 Denton, Texas 76202 Severability ASSOCIATION This agreement shall be construed to effectuate the agreement ose stated in Section I, hereof If any provesion is declared unconstitutional, or the applicability thereof to any persons or circumstances is held invalid, the constitutionality remainderof the of to other per onsand circumstances agreement rcu stanc sshall and the be affected therebyof Section XI Default Any violation of rules set forth in this agreement by NTRA shall necessitate the immediate removal of all NTRA equipment from City property and invoke the provisions of Section IX PAGE 4 Section XII No Duty Imposed This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties Any per- formance undertaken by the City pursuant to this agreement shall be ursunt to the ion of gency servicesato he public vinngeneral mental fand tthis greementlis notng meant to and shall not be construed as imposing any duty, public or o to provide any assistance, aid, or private, on any party heret care to the other party or to any third party Executed this the day of , 1987 CITY OF DENT N, TEXAS BY RAY STrWENS, AYOR ATTEST JE W LTERS AC ITG C TY SL RETARY CI OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY NORTH TEXAS REPEATER ASSOCIATION BY ' (Iun) O LI EDAH , RES DENT 17811 PAGE 5