The URL can be used to link to this page

Home My WebLink About11-15 RESOLUTION 11-15 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS ALTOS HILLS AND THE LOS ALTOS HILLS EMERGENCY GROUP AND AUTHORIZING THE MAYOR TO EXECUTE THE MEMORANDUM OF UNDERSTANDING ON BEHALF OF THE TOWN WHEREAS,the Town of Los Altos Hills ("Town)recognizes that during times of emergency and disaster, amateur radio is often used as a means of communication when wireline, cell phones and other traditional means of communications fail; and WHEREAS,the Town owns an amateur radio repeater currently located at the La Cresta water tank site and may, in the future, own repeaters at other authorized locations; and WHEREAS, Federal Communications Commission ("FCC") regulations prohibit the Town as a local government entity from holding the station license which is necessary to operate on amateur radio frequencies; and WHEREAS, the Los Altos Hills Emergency Group ("LAHEG") is a private amateur radio club formed in 1999 and has operated the Town's repeater under an FCC license and call sign"W6LAH" and by formal agreement with the Town since 2010; and WHEREAS,the Town desires to enter into a revised agreement with LAHEG to operate the Town's repeater system under terms specified by the attachment Memorandum of Understanding("MOU"); and WHEREAS,the Emergency Communications Committee("ECC")has reviewed and unanimously recommended approval of the revised MOU at its meeting on March 3, 2015. NOW,THEREFORE,the City Council of the Town of Los Altos Hills does hereby RESOLVE as follows: 1. That the Town hereby approves the MOU, a copy of which is attached hereto as Exhibit A; and 2. The Town hereby authorizes the Mayor to execute the MOU on behalf of the Town. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a special meeting held on the 30th day of March; 2015 by the following vote: AYES: Corrigan, Harpootlian, Larsen, Radford, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: 'Couayor ATTEST: Deborah Padovan, City Clerk Resolution 11-15 Page 2 Memorandum of Understanding Between The Town of Los Altos Hills And Los Altos Hills Emergency Group This Memorandum of Understanding("MOU")is between the Town of Los Altos Hills("LAH")and the Los Altos Hills Emergency Group("LAHEG"),collectively the"Parties",and is effective on the later of the dates of the signatures below. The purpose of this MOU is to express an understanding between the parties and to provide a framework for their cooperation,in facilitating the provision by LAHEG of Amateur Radio Emergency Communications repeater capabilities for the benefit of LAH and its residents. RECITALS LAH recognizes that amateur radio operators,who are licensed by the Federal Communications Commission ("FCC'), provide important emergency and public service communications on a voluntary basis, in time of need,when other communications modes are unavailable or may be overwhelmed;and LAH recognizes that LAHEG is a private amateur radio club formed in 1999 and duly governed by its elected officers. LAH further recognizes that except for this MOU LAHEG is not nor shall be connected with or controlled by LAH, its employees,or its committees. LAH recognizes that LAHEG is the legal holder of an amateur radio license(s)and that LAHEG is authorized by the FCC,to operate amateur radio equipment as prescribed by the FCC rules and regulations. LAH also recognizes that LAHEG possesses frequency coordination(s)granted to LAHEG by the Northern Amateur Relay Council of California("NARCC"),an independent organization sanctioned by the FCC for such purposes. LAH recognizes that as a licensee LAHEG is solely responsible to the FCC for the control and operation of radio equipment operating under its license(s),and that LAHEG may not delegate its rights or obligations under this FCC license,and that LAHEG is obligated to disable radio equipment operating under its license(s)if unauthorized persons obtain physical access or control of the equipment. LAH recognizes that the Telecommunications Act of 1934 does not allow the holding of an amateur radio license or control of an amateur radio station or repeater by a town or city. LAH further recognizes that LAHEG has made the W6LAH repeater continuously available for use by amateur radio operators in and around Los Altos Hills since its initial deployment in April, 2002. Resolution 11-15 Page'-, LAHEG recognizes that LAH has provided funds for the purchase of repeater equipment for use by LAHEG under its FCC amateur radio license(s),and further that LAH has assisted LAHEG in arranging to locate a repeater within facilities made available to LAH by the Purissima Hills Water District;therefore UNDERSTANDING BETWEEN THE PARTIES LAHEG shall make any repeaters owned by LAH and operated by LAHEG available twenty-four (24) hours per day(except when the repeater(s) is down for repairs or scheduled maintenance), on an 'open' basis,for use by licensed amateur radio operators,with preference (to the extent allowed by the FCC)given to those who are participating in emergencies,drills,and community services in connection with LAH. LAHEG will make written reports to the LAH City Manager on the operating status of the repeater system(s),at least once per calendar year. Should there be an unscheduled change in operational status LAHEG will make an effort to promptly notify the LAH City Manager and the LAH Safety Officer. Email shall be a sufficient means for the delivery of such reports and notifications. LAH agrees to assist LAHEG in having unrestricted physical access to the equipment it manages, twenty-four(24)hours per day and seven(7) days per week for as long as the equipment is located within LAH property or other properties that LAH has obtained permission for LAHEG use. LAHEG may from time-to-time request funding from LAH for equipment enhancements and for expenses related to repair and maintenance of the repeater system(s)and other communications equipment owned by LAH. Such requests shall be made in writing to the City Manager and shall include explanations of the purpose of the request. LAH may from time-to-time request from LAHEG upgrades or enhancements to the repeater system(s)and other communications equipment owned by LAH,subject to LAHEG's acceptance, which shall not to be unreasonably withheld. Asa condition of such requests LAH shall provide funding reasonably required by LAHEG, in advance,for its expenses related to accomplishing such accepted upgrades or enhancements. Such requests for upgrades or enhancements shall be made in writing by the LAH City Manager to the LAHEG President and shall include explanations of the purpose of the request. LAHEG shall periodically make a presentation to the members of the LAH Emergency Communications Committee("ECC")describing repeater system(s)and other managed communication equipment and how it operates. Such training presentations shall be updated as needed if the repeater configuration or operation is changed in a material way by modifications or enhancements. LAHEG will provide a supervised tour of the repeater equipment to LAH officials and/or ECC members,at least once per calendar year, upon request from the City Manager and with reasonable advance notice. Resolution 11-15 Page 4 LAHEG has no financial interests and no tangible property. Additional equipment used by LAHEG to provide operation of the LAH owned radio equipment may be owned personally by LAHEG members or others. LAHEG assumes no financial liability for or ownership in equipment funded or purchased by LAH. LAH may recover equipment it has purchased or funded,at any time,with reasonable advance notice,and LAH acknowledges that its possession of such equipment does not entitle LAH or any other party to operate the repeater equipment using either the call sign or frequency granted to LAHEG by the FCC and/or NARCC. Each of the Parties hereby agrees,on behalf of itself, its members and its permitted successors and assigns,to waive any claims, demands,liabilities, actions or causes of action,including without limitation,attorneys fees and litigation costs,against the other Party and its respective agents,officers,officials, employees and other representatives arising out of or resulting from,or in connection with the negligence-of that other Party related to actions undertaken pursuant to this MOU. LAH further agrees to name LAHEG as an additional covered party pursuant to the ABAG Memorandum of Coverage applicable to the Town. This memorandum shall take effect when signed below by authorized representatives of the LAH and LAHEG. The memorandum may only be modified by the mutual written consent of LAH and LAHEG and may be terminated by either party with thirty(30)days prior written notice. LAH BY: DATE: LAHEG BY: , DATE:.SIJ-12-D LAHEG BY: �� " �'� DATE: 3 4/1G�`� Resolution 11-15 Page 5