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Home My WebLink About20-10 RESOLUTION NO. 2 0-10 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") is dedicated to providing its citizens with quality public safety services, and in an effort to address issues concerning communications during emergencies,the Town has formed the Los Altos Hills Emergency Communications Committee ("ECC"); and WHEREAS,the Town owns a radio repeater located at the La Cresta water tank site, and the radio repeater is used to relay low power amateur radio signals throughout the Town; 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, during times of emergency, amateur radio is often used as a means of communication when wireline, cell phones and other traditional means of communications fail; 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"but with no formal agreement with the Town; and WHEREAS,the Town desires to enter into a formal agreement with LAHEG to operate the Town's repeater system under terms specified by the attached Memorandum of Understanding ("MOU"); and WHEREAS, the ECC has reviewed and unanimously recommended approval of the MOU at its meeting on March 16, 2010. NOW,THEREFORE,the City Council of the Town of Los.Altos Hills does RESOLVE as follows: 1. That the Town hereby approves the MOU, a copy of which is attached hereto as Exhibit A; and 2. That the Town hereby authorizes the Mayor to execute the MOU on behalf of the Town. PASSED AND ADOPTED this 15th day of April 2010 BY: Mayor ATTEST: City Clerk 1375926.2 • • 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 and trustee of an amateur radio repeater license and that LAHEG is authorized by the FCC, to operate a repeater using the call sign W6LAH on the transmit frequency of 146.745 MHz in the vicinity of Los Altos Hills, subject to current FCC regulations governing such licenses, and frequency coordination granted to LAHEG by NARCC, an independent organization sanctioned by the FCC for such purposes. LAH recognizes that as licensee and trustee of W6LAH,LAHEG is solely responsible to the FCC for the control and operation of this repeater, and that LAHEG may not delegate its rights or obligations under this FCC license, and that LAHEG is obligated to disable the repeater if unauthorized persons obtain physical access or control of the repeater 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. LAHEG recognizes that LAH has provided funds for the purchase of repeater equipment for use by LAHEG under its FCC repeater license, and further that LAH has assisted LAHEG in arranging to locate this repeater within facilities made available to LAH by the Purissima Hills Water District;therefore • • UNDERSTANDING BETWEEN THE PARTIES LAHEG shall make the W6LAH repeater available twenty-four (24) hours per day(except when the repeater 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, at least once per calendar quarter. 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 repeater equipment it manages, twenty-four (24 hours per day and seven (7) days per week for as long as the repeater equipment is located within the present Purissima Hills Water District facility. LAHEG may from time-to-time request funding from LAH for repeater equipment enhancements and for expenses related to repair and maintenance of the repeater system. 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, subject to LABEG's acceptance, which shall not to be unreasonably withheld. As a 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 how this repeater is equipped and how it operates. Such training presentations shall be updated as needed if the repeater configuration or operation are changed in a material way by modifications or enhancements. In addition to the current four(4) LAHEG members who are all licensed amateur radio operators and repeater control operators, LAHEG shall train up to four (4) additional repeater control operators who shall be selected by the mutual agreement of LAHEG and LAH. Such additional repeater control operators must be licensed amateur radio operators and must also meet the requirements of the LAHEG. The additional control operators will be provided with the necessary control codes and training by LAHEG on the repeater operating protocol and procedures. LAHEG agrees to notify the LAH City Manager of the names and contact information for all repeater control operators. 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. 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: 4,�1 �� , -2-0/,9 LAHEG BY: q. �Z4 J �� DATE: ZO ZO /'0 1407464.1 n LAHEG BY: DATE: Za IO