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Home My WebLink AboutCC-06-16-14-01 Interlocal Agmt with HC Regarding E911 Frequencies SPONSOR: Councilor Rider Councilor Snyder RESOLUTION CC-06-16-14-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, APPROVING AND ADOPTING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL,INDIANA,AND HAMILTON COUNTY,INDIANA, CONCERNING E911 FREQUENCIES WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, a certain interlocal cooperation agreement between the City of Carmel, Indiana ("City") and Hamilton County, Indiana, ("County") a copy of which is attached hereto and incorporated herein as Exhibit A ("Interlocal Agreement"), pertains to the license and use of five public safety and emergency dispatch radio frequencies owned by the City of Carmel, Indiana, which will be used by the County to integrate public safety and emergency dispatch throughout the City and County; and it is in the public interest to approve the Interlocal Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference; Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. This Resolution shall become effective on and after the date and time it is properly approved and signed by a majority of the members of the Carmel Common Council. PASSED by the Common Council of the City of Carmel, Indiana, this 1104. ay of 2014, by a vote of (0 ayes and o nays. Page One of Two Pages This Resolution was prepared by Douglas C.Haney,Carmel City Attorney,on June 5,2014 at 1:35p.m.No subsequent revision to the Resolution , has been reviewed by Mr.Haney for legal sufficiency or otherwise. Y:\E Bass\My Documents\Resolutions-CCC\2014\Resolution Interlocal Agreement-E911.docx6/5/2014 1:40 PM SPONSOR: Councilor Rider Councilor Snyder COMMON COUNCIL FOR THE CITY OF CA ' A , L AMP Alif / Presidin_ Off - Kevin D. Rider �►_.� / N0 PDESGnrr Richard L. Sharp, - . - ' . - .. Carol Schleif LI' • ,. R ni . Carter W. Eric S- densticker� , ,4cr pr• Te o-c, / S rink. uci der ATTEST:4 - Diana L. Cordray, IAMC, Clerk-Treas rrer Presented by me to the Mayor of the City of Carme diana this J 1 day of , 2013, at 10:00 A Al Diana L. Cordray, IAMC, Clerk-Tr-asurer Approved by me, the Mayor of the City of Carmel, Indiana, thisa1 day of 2013, at t1 y to R Al J • J. -s Brai- . d, Mayor ATTES . Diana L. Cordray, IAMC, Clerk-Tr;asurer Resolution Page Two of Two Pages This Resolution was prepared by Douglas C.Haney,Cannel City Attorney,on June 5,2014 at 1:35p.m.No subsequent revision to the Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise. Y:\E Bass\My Documents\Resolutions-CCC\2014\Resolution Interlocal Agreement-E911.docx6/5/2014 1:40 PM INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL AND. HAMILTON.COUNTY,INDIANA, CONCERNING E911 FREQUENCIES WITNESSETH THAT: n beet, WHEREAS,the City of Carmel, Indiana("City"),presently owns the licenses to five(5) radio frequencies issued by the Federal Communication Commission("Commission")to be used for police,fire,and other emergency dispatch and communication services for the City,which radio frequencies are more particularly identified on attached Exhibit A,incorporated herein by reference("the City Frequencies"); and, WHEREAS,Hamilton County,Indiana("County"), acting through the Hamilton County Sheriff's Department,presently owns the licenses to ten(10)radio frequencies issued by the Commission to be used for police, fire, and other emergency dispatch and communication services for the County,which radio frequencies are more particularly identified on attached Exhibit B,incorporated herein by reference("the County Frequencies"); and, WHEREAS,the County Frequencies and City Frequencies are presently used by the County and the police and fire departments of the cities and towns located within the County, other than the City; and, WHEREAS,the County has issued bonds to finance the acquisition and installation of a new simulcast communication system("the Simulcast System")which will allow the City Frequencies and the County Frequencies to be used interchangeably by all public safety entities located within the County; and, WHEREAS,in order to construct and operate the Simulcast System,both the City and the County are consenting to the use of their respective radio frequencies by and between all of the emergency police,fire, and emergency dispatch facilities,including 911 services,located within the County. uoauerr/1 - fO • Hamilton County of,FCC call sign WNSD453 is fully constructed and operational 2-17-2012 Cannel, City of, FCC call sign WNVF998 is fully constructed and operational 2-27-2012. THEREFORE, IT IS AGREED by and between the Common.Council of the City of Carmel,.Indiana, acting on behalf of the City, and the Board of Commissioners of Hamilton County,Indiana,acting on behalf of the County,as follows: 1. This Agreement shall be construed as an Interlocal Agreement pursuant to Indiana Code 36-1-7. 2. The parties agree to share, as part of the Simulcast System presently being acquired and constructed by the County,the City Frequencies and the County Frequencies, subject to the written approval of the Commission and the Association of Public Safety Communications Officials Internatio nal("APCO"),Officials, i ( APCU ),as described in the terms and conditions of this Agreement. 3. Due to the substantial investment made by the County in the,Simulcast System, the parties agree that said sharing shall continue unless amended by mutual agreement of the City and the County, or upon termination as described in Section.6 below. 4. Should the City withdraw from participation in the Simulcast System,the parties agree that the County may continue to maintain all equipment of the Simulcast System located on the City's radio tower. 5. Each party shall be solely responsible for the modifications to its existing FCC public safety license(s)needed to reflect the joint use of the City Frequencies and the County Frequencies described in this Agreement. Such modifications include,but are not limited to, Txmirr i4- go . coordination of frequencies through the APCO and the submission of necessary FCC Form 601 information. 6. Upon one(1) years advanced written notice from the City to the County that the City intends to terminate the Interlocal Agreement for integrated 911 services,approved by the City on the 7th day of May,2012, and provide its own dispatch and 911 services,the City shall be entitled to the sole and exclusive use of the City Frequencies as they existed prior to the creation of the Simulcast System, and the County shall be entitled to the sole and exclusive use of the County Frequencies as they existed prior to the creation of the Simulcast System. In such event, each party shall be solely responsible for any and all modification(s) to its FCC.license(s) necessary to reflect such sole and exclusive use. 7. In the event there is a dispute between the City, and the County and/or the Commission concerning the terms and conditions of this Agreement,the parties agree that they will submit that dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to the initiation of litigation. In the event the parties are unable to agree upon a mediator for such dispute, the parties agree to alternately strike:from a panel of mediators appointed by the Judge of the Circuit Court of Hamilton County. ALL OF WHICH IS AGREED on the dates set out herein: BOARD OF C s MMISSIONERS OF • I • COUNTY Dated:4i4j 13l 20IV iristine Altman Steven C.Dillinger . ,BIT - 3g • V Mark E. Heirbrandt ATTEST: 13 ' Dawn Coverdale,Auditor 'DQ'IBrr APPROVED BY THE HAMILTON COUNTY COUNCIL this it'h day of K4Apca, 2014. HAMILTON COUNTY COUNCIL l f !!`s J :74 en v //' k Al /)fi/ Mere• th` arter t AinWassillamai' '' . .Ayers .../ 7 Rick,cKinne % .mil_. _ O Steve Scw e /: y ,--.Br PT Beaver ATTEST: Dawn Coverdale, Auditor °D(HIBR /9 - 6-""6 9 .__,SO AGREED by the Common Council of the City of Carmel,Indiana, this 1(9 day of 2014,by a vote of (, ayes and a nays. COMMON COUNCIL FOR THE CITY OF CARMEL ACIUraw, ,7,-- - / OP Presi e ng 0 o :r / Kevin D. Rider t INl0'1 P t2E5 Richard.L. h rp, '= . - - - Carol Schleif ,eof P.,......_ Z.—to/A.4F Ro. : Carter A W. Eric . -idensticker r A - 4 / Si I ,am r ,,.L Sder ATTEST: i).....4,34_01/4„Diana L. Cor ay,IAMC, Clerd Treasurer Presented by me to the Mayor of the City of Cannel,Indiana this 11+day of a..., 2014, at l0:00 A .M. V kci:/-,,,k). / ) ' Diana L. Cordray, IAMC,Clerk-T,usurer el Approved by me,the Mayor of the City of Carmel, Indiana,thisokl day of%‘,.."/...4._, 2014,. at I'D.46 A- .M. 7' es Brainard,Mayor ATTEST: 0:44 / C. Diana L. Cordray,IAMC,Clerk-if asurer °EXHIBIT th r