R2003-0140 09-29-03 RESOLUTION NO. R2003-'140
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE
NORTHERN BRAZORIA COUNTY EMERGENCY RADIO GROUP FOR
COMMUNICATION SERVICES ASSOCIATED WITH EMERGENCIES AND
PREPAREDNESS TRAINING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Memorandum of Understanding between the City of
Pearland and Northern Brazoria County Emergency Radio Group, a copy of which is
attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby
authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a Memorandum of Understanding with the Northern
Brazoria County Emergency Radio Group, for communication services associated with
emergencies and preparedness training.
PASSED, APPROVED and ADOPTED this the 29th day of September ,
A.D., 2003.
ATTEST:
~, NG I~1~(~, M
APPROVED AS TO FORM:
DAi~RIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2003-140
Northern Brazoria County Emergency Radio Group
Communications Plan
Appendix III
Memorandum of Understanding between Northern Brazoria County Emergency Radio Group and
the City of Pearland, Texas
Memorandum of Unde s ta. nding
This Memorandum ofUnderstm~dh~g (MOU) is entered into thist~¥A'~day of~, ~,,Og~ff,~ by and
between the Northern Brazoria Comity Emergency Radio Group mid the City Of Pearla~d, a-politica~
subdivision of the State of Texas acting througli the Office of the Mayor and its Office of Emergency
Management (OEM) m~d file Peafland Amatettr Radio Club. The Northern Brazoria Count' E~nergency
Radio Group and the Peafland Anmteur Radio Club shall hereafter be lmown as "Radio Operators".
WITNESSETH
Whereas the City of Pearland, owns, nmintains and ~ontrols access to certain equipment, facilities and an
Emergency Operations Center (EOC) to provide conmaunication services in times of emergency and
during both scheduled and ad hoc emergency preparedness and mining activities; and
Whereas Radio Operators have historically volunteered their time, radio equipment and conm~unications
expertise to assist the City of Pearland at the EOC or other sites as deemed necessary during such times of
emergency and during emergency preparedness training actix4ties; and
Whereas Radio Operators and the City of Pearland now xx4sh to formalize flint historicai relationslfip,
particularly with respect to access EOC and other sites x~Sthin the jttrisdiction of said city durh~g
emergencies and preparech~ess training activities;
Whereas, for purposes of this MOU, an "emergency" is defined as that set of circumstances which creates
a sudden, tmexpected happening which presents danger to human life or enviromnent such that hmnediate
action is required by public safety agencies./m "emergency:' tlierefore may include but is not limited to,
hazardous material release necessitating the evacuation of citizens, natural disasters such as hurdcm~es,
tornadoes, violent storms and flooding, loss of electrical power or commmfications to mi extended
geographical area, missing cliildren or Amber Alerts m~d oilier similar circmnstm~ces.
Now therefore, in consideration of the mutual promises and covenants contained herein, the parties hereto
do agree as follows;
The City of Pearland Agrees
To accept the volunteer services of the Radio Operators during times of emergency and during
scheduled and/or ad hoc emergency preparedness mining activities, subject to the terms and
conditions enumerated herein;
To gram Radio Operators access to the EOC and other necessary sites during times of emergency
and durhlg schednled mid/or ad hoc emergency preparedness tmimng activities subject to the terms and
conditions enmnerated herein.
Radio Operators and the City of Pearland MOU page t3vo
3. To provide Radio Operators, through the proper officials mid offices, appropriate identification
badges to facilitate such access to the EOC and other necessary sites, subject to the understanding
that such badges are mid shall remain the propem.' of the City of Pearland m~d shall be
surrendered by Radio Operators and an3' indi~4dual member thereof upon demand by
the City of. Pearland.
4. Except for the willful negligence or unla~ul acts of Radio Operators, subject to statutory limitations of
the laws of the State of Texas, to indenmify, to the extent allowed by law, and otherwise hold harnfless said
Radio Operators from and against all claims, denmnds, actions, suits and proceedings arising out of their
direct or indirect acts, or failure to act, within the scope of the terms and conditions of this MOU.
Radio Operators Agree
1. Northern Brazoria County Emergency Radio Group and Pearland Amateur Radio Club shall serve
as point of contact for amateur radio resources xs~thin the north end of Brazofia County and
the City of Pearland, as well as providing managemem of said mnateur
radio resources.
Radio Operators ,MIl respond to requests from the City of Pearland to provide qualified
amateur radio operators in accordance with Northern Brazoria County Emergency Radio Group
plans of operation.
All amateur radio operations Conducted purstmnt to tltis MOU during thnes of emergency and during
emergency preparedness trai~fing activities shall at all times be in compliance with all current Federal
Commtmications Commission (FCC) niles, regulations and protocols. That the "/hnateur Radio
Control Operator', as defined by the FCC, shall be solely and completely responsible for ensuring
complim~ce with said niles, regulations and protocols by station or stations under his/her control.
Access to the sites is restricted solely to times of emergency, during scheduled or ad hoc emergency
preparedness training activities, to perform needed maintenance or repairs to equipment or times
agreed to by the Office of Emergency Management, the Emergency Program Manager or other official
of the Cit3~ of Pearland.
4. While physically in or at any site, Radio Operators, at all times be under the d~rect superx4sion of
designated personnel of the City of Pearland and of the Northern Brazoria County
Emergency Radio Group. Immediately vacate an3' said site when and if directed to by an3' said
designated personnel of the City of Pearland or the Northern Brazoria county Emergency
Radio Group. While within or at any site, to conduct themselves according to site operating rules,
regfilations and procedures as established by the City of Pearland and the Radio Operators.
Radio Operators have a du.~ to i~ffonn themselves of such niles, regtflations and procedures and
failure to abide by them may, at the sole discretion of the City of Pearland result in the hmnediate
eviction from any site and the de~ial of future access to any site for the offending person or persons.-
5. Radio Operator services to the City of Pearland are strictly voluntary and hold no
expectatiou of remtmeration of any kind.
Radio Operators shall submit to the Office of Emergency Managemeut m~d/or the ,Emergen%-
Program Manager a full and complete roster of members mid that Radio Operators shall update
said roster at least quarterly.
e
Radio Operators shall submit to the Emergency Program Manager a report of hour~ of voluntary
service by each member dtaing an emergency as well as a report of actions taken and services
performed during said emergency and that said report shall be submitted not later than 15 days after
the emergency ends.
Radio Operators and the City of Pearland MOU page three
Both parties agree
This MOU shall take effect upon its execution by the duly authorized representatives of each party
and it shall rcnmin in effect as gxitten unless and until otherwise amended or temfinated as
provided herein;
2. This MOU may be amended only by the mutual written agreement of both parties.
This MOU may be terminated by any party hereto by serving notice of such termination upon the
other parties.
While Radio Operators agree to make their radio commmfications equipment mid the expertise of
their membership available on a voluntary basis to assist the City of Pearland in times of
emergency and/or in times of emergent' preparedness activities, nothing in tlfis MOU shall be
construed as to compel Radio Operators or m~y individual member to respond to the City of
Pearland's request to respond in any particular emergency, and/or emergen~ preparech~ess
training activity nor shall Radio Operators or their members incur any liabili~~ for failing to respond
to auy snch request from the City of Pearland
Nothing in this MOU or any act or conduct of the Cit3' of Pearland tmdertaken pursuant to
its temps shall be construed by Radio Operators as warranting or guaranteeing that any one or all of the
sites are free from any defects or flaws or fit for a particular use by Radio Operators.
In Witness Thereof, the parties hereto have caused this Memorandum Of Understanding to be
executed by these officers thereunto duly authorized.
Executed this~__~day of ~L~ff _77~ ~f'~, c~.~,,~ in~, Texas.
RG/PARC
Tiile ~ ~L~'~--
Tit ,e?"~-;~/~"~ ~~d
Title City Manaqer
Approved as to form by:
Counsel for