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Home My WebLink AboutC-2797 - Agreement to Provide the City with Dual-Band Amateur Radio Repeater System, etc. (for emergency preparedness plan)! • CITY OF NEWPORT BEACH Alert Radio System P.O. Box 19606 Irvine, CA 92713 OFFICE OF THE CITY ATTORNFY P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3131 December 14, 1994 Re: Agreement with City of Newport Beach Dear Alert Radio System: 7y1 In accordance with Term # 1 of the Agreement with the City of Newport Beach and Alert Radio System, please accept this notice that the City of Newport Beach wishes to extend the term of the Agreement for an additional five years, and is thus providing written notice of its intention to exercise that option. Please contact the undersigned if you have any questions or comments. Thank you for your courtesy and cooperation. DO:wb cc: Debbie Lektorich Wanda Raggio ,J wb \alert.ltr Attorney for the City of Newport Beach 3300 Newport Boulevard, Newport Beach 9 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: January 29, 1990 SUBJECT: Contract No. C -2797 Description of Contract Agreem to provide the City with a dual -band amateur radio repeater system, etc. Effective date of Contract January 18, 1990 &us}3es $ed =b 44�a�r�a- AaGiaa, approved Gn by City Manager Contract with Alert Radio System Address P.O. Box 19606 Irvine, CA 92713 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 This Agreement, dated the 18th day of January, 1990 for purposes of identification, between the CITY OF NEWPORT BEACH ( "CITY "), a municipal corporation and charter city and ALERT RADIO SYSTEM ( "ALERT "), an unincorporated association is made with reference to the following: A. The County of Orange owns and maintains a communication facility on Signal Peak. B. The CITY OF NEWPORT BEACH has, pursuant to state and local law, adopted an emergency preparedness plan which requires, the CITY among other things, to maintain an emergency communication system in the event of a natural disaster. C. ALERT RADIO SYSTEM members have amateur radio licenses issued by the Federal Communications Commission and may be used by CITY to maintain communications in the event of a natural disaster, or other emergency. D. ALERT has agreed to provide CITY with a dual -band (2 meter and 70 centimeter) amateur radio repeater system as well as related equipment and to maintain the equipment after it is installed by County personnel. IN LIGHT OF THE FOREGOING, the Parties agree as follows: 1. Term This Agreement shall become effective as of the date specified above and, unless earlier terminated, shall expire January 16, 1995. CITY shall, at its option, have the right to extend the term of this Agreement for two five -year periods and shall give notice of its intention to exercise this option at least thirty (30) days prior to the expiration of the initial term or the initial five year extension. 2. Alert Duties A. ALERT shall provide a dual -band (2 meter and 70 centimeter) amateur radio repeater system together with related antennas and feedline all suitable for installation in 1 the County communications facility on Signal Peak. B. ALERT shall maintain all equipment provided pursuant to this Agreement and shall be responsible for arranging the date and times of maintenance with the County of Orange. ALERT shall attempt to schedule maintenance at dates and times convenient to the County of Orange and, if maintenance is necessary at a time not normally permitted by the County of Orange, ALERT shall pay any fee or charge imposed as a condition of access to the Signal Peak communications facility. 3. City Duties A. CITY shall submit an application to the County of Orange requesting approval for the installation of the amateur radio repeater system to be provided by ALERT. CITY shall provide the County of Orange with all necessary information as well as any fees required in conjunction with the application. B. CITY shall pay County all charges for installation of the repeater system, antenna and feedlines, and site rental. 4. Use of the Equipment CITY and ALERT shall each have a non - exclusive right to use the equipment, provided, however, CITY shall have the exclusive right to use the equipment during any emergency or natural disaster as well as any disaster drill conducted to determine the CITY's ability to respond to a real disaster or emergency. The equipment should also be available for official use by other RACES groups in the Orange County RACES Plan, providing the equipment is not needed by the CITY. 5. Ownership of Equipment All equipment provided by ALERT shall remain the property of ALERT during the term of this Agreement and ALERT shall be entitled to remove all equipment upon expiration or termination of this Agreement. ALERT shall pay all costs and expenses incurred in removal of the equipment. 6. RACES' Membership ALERT members may become members of the Newport 2 Beach Radio Amateur Civil Emergency Service (RACES) program and may be selected to provide services during disaster drills or actual emergencies. However, ALERT members not affiliated with the Newport Beach RACES program shall not be considered disaster service workers unless properly registered as such pursuant to the California Emergency Services Act. In no event shall ALERT members be considered CITY employees or be entitled to any benefits that typically accrue to CITY employees. 7. Termination This Agreement may be terminated, without cause, by either Party on six months written notice of its intention to terminate. In the event of a material breach by either Party, the non - breaching party shall be entitled to terminate this Agreement by giving the other Party thirty days written notice of its intention to terminate. 8. Indemnification Each Party to this Agreement shall defend, indemnify and hold harmless the other with respect to any loss, liability, claim, damage or injury that arises out of, or is in any way related, to the duties of that Party as specified by this Agreement. 9. General Provisions A. A notice required by this Agreement shall be deemed given when personally delivered or deposited in the United States mail, first class postage prepaid, and addressed as follows: Chief of Police City of Newport Beach 870 Santa Barbara Newport Beach, California 92660 Alert Radio System P. 0. Box 19606 Irvine, California 92713 B. This Agreement supersedes any and all prior or pre- existing agreements, oral or written, between the Parties with respect to the subject matter. Each Party acknowledges that no representations, inducements or promises, either oral or in writing, have been made by the other, or anyone acting in their 91 • 0 behalf, which are not expressly stated in this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by the Party to be charged. 10. Partial Invalidity If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect. Date: V Date: Date: -' ALERT.AGT 1/18/90 CITY OF NEWPORT BEACH A Municipal Corporation and Charter City By: City Manager ALERT RADIO SYSTEM An Unincorporated Association 1' By: 4