HomeMy WebLinkAboutRES 15-075RESOLUTION NO.15-075
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager, or his designee, be and they are hereby authorized to execute
a Memorandum of Understanding between the City of Beaumont and Immigration and
Customs Enforcement (ICE) for the Beaumont Police Department to share radio
frequencies that would benefit both the safety and well being of each party and their
personnel. The Memorandum of Understanding is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
2015.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21 st day of April,
MEMORANDUM OF UNDERSTANDING
81-1AIM, D FI t'QUENCIES
11JIS MEMORANDUM OF UNDERSTANDING is entered into this day of
_ , 2015, by and. between. E3eaw110nt Police Department ("BPD"), and
Immigration and Customs Enforcement ("ICE"), a. principal departni.ent of the
Department of Homeland Security of the United States of America, (each also sometimes
referred to, individually as "Party" and, collectively, as "Parties)."
RECITALS
WHEREAS, BPD owns and operates an 800 MHz trunked radio system for public
safety communications purposes ("Radio System"); and
WHERI:,,A.S, ICE may operate and may provide services in the BPD jurisdiction
that require eonununications with and coordination among public safety response
personnel of ICE and BPD; a.nd
WHEREAS, mutual aid eonmiunications between the Parties using the Radio
System will benefit the safety quid well being of each Party's personnel and constituents;
and
WIIEREAS, this Memorandum of Understanding is entered into to provide for
the use of. the Radio System, on a limited basis, in conformance with Federal
Communications Commission ("FCC") regulations (particularly 47 C.F.R., § 90.179)
regarding shared use of radio stations and the technical protocols hereinafter developed.
NOW, THEREFORE, in consideration of the prenuscs and mutual covenants
contained herein, BPI) and ICE; agree to the following terms and conditions.
TERMS AND CONDITIONS
1. NON-PROFIT PUBLIC SAFE'T'Y TJSE. BI?D agrees to share its Radio System with
ICI; on a non-profit basis for public safety purposes; No fee will be charged for the
use of the Radio System.
2. MJ."KFHOD OF OPE.IZ.AIION. Before ICE begins to transmit on the Radio System,
BPD and. ICE shall establish written protocols to govern the operation of the Radio
System, including the issuance of identification numbers and the assignment of talk
groups. Protocols will include common standards of operation to simplify
communication when using shared talk groups, including rnelbods of self -
identification, and the use of "plain language" rather than "lingo" or codes. Each
Party will appoint a radio coordinator and furnish. the name and 24-hour contact
information, in writing, to the other Party.
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EXHIBIT "A"
3. COMPONENTS TO BE, SHARED. BPD will share its Iicensed frequencies, talk
groups (police template, Fed), and those components of its Radio System required for
inter jurisdictional communication. Each Party will bear its own costs and be
responsible for providing the equipment necessary to use the Radio System, The
Parties may, however, by a separate writing, agree to loan or provide specific items of
equipment.
4. LICENSEE'S CONTROL. As regidred by FCC regulations, the shared use of Radio
System is under the control of BPD, as the licensee.
DISPA'T'CH SERVICES. BPD is not providing dispatch services pursuant to this
Memorandum of Understanding.
6. REGI.JLATIONS. Each Party is responsible for complying with all applicable laws
and regulations, including FCC regulations as well as the terms of this Memorandum
of Understanding.
MAINTENANCE, REPAIR, . PROGRAMMING FACILITIES. Only certified
Motorola repair facilities or authorized employees of either Party are permitted to
program or repair any radio that is transmitting on the Radio System.
8. MISUSE, INTERFERENCE, IMPROPER USAGE. Any radio that is found to be: in
violation of FCC regulations; operating in violation of the terms and conditions of
this Memorandum of Understanding or of any protocols established pursuant hereto;
causing interference; or found to have duplicate II) nU1rnbers; shall be inhibited by
either one or both of the Parties. Upon inhibiting any radio, the Party taking the action
must notify the radio coordinator of other Party as soon as possible, but in any event
within twenty-four (24) Hours.
9. LOST, STOLEN, DAMAGED UNITS. If any radio that is programmed to operate on
the Radio System is lost, stolen, or destroyed, the ID number will be removed from
the Radio System. The Party responsible for the radio unit that is lost, stolen, or
destroyed shall notify the other Party within] twenty -fold' (24) hours, and, if lost or
stolen, file a Police report on same. ID numbers removed from the Radio System in
this mantier will stay inactive for a period of at least one (1) year unless the radio unit
is accounted for and destroyed or the radio unit is found and returned to service.
10. DURATION OF AGRFE,,MENT, RIGHT TO Tl--,TWINAFf-,. "Phis Memorandum of
Understanding shall be effective for ten (10) years and may be renewed for an
additional like terns thereafter, providing both Parties agree in writing to such
renewal. Either Party may terminate the M:emoranduun of Understanding at any time
for any reason with thirty (3 0) days' written notice.
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11. NO DAMAGES. Nothing in this Memorandum of Understanding; shall give any Party
a cause of action or claim for damages of any type or nature against the other Party.
Furthermore, Frothing in this agreement shall: (a) give any third .party any -right or
claim nor permit: any third party any right or damages; (b) waive any Party's right to
assert any form of defense against any claim, including but not limited to government
immunity; and/ (c) create or be deemed to create any responsibility or liability for
not acknowledging out of jurisdiction units.
12. GRATUITOUS SERVICES AGREEMENT
BPD agrees to provide any and all services under this agreement as gratuitous
services, with the full understanding that the United States cannot and will not
compensate, provide any financial benefit to, or reimburse BPD, or its agents, in any
manner for providing such services. BPI) agrees that it has no expectation of
receiving any compensation, Enancial benefit, or reinibu rsenient for such services and.
that it is unlawful for ICE to accept such services if BPD had any expectation of
compensation, financial benefit or reimbursement.
IN WITNESS WHEREOF, the parties hereto execute this Memoranduin of
Understanding the day and year first above written.
Jinn Singletary,
Chief of Police
Beaumont Police Department
Brian M. Moskowitz
Special Agent in Charge
Honieland Security Investigations
Houston Field Office
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