MEMORANDUM OF
UNDERSTANDING BETWEEN YUBA
COUNTY AND CITY OF
MARYSVILLE
THIS MEMORANDUM OF UNDERSTANDING "MOU" is hereby made and entered into this day of by and between the COUNTY OF YUBA ("COUNTY")
and the CITY OF MARYSVILLE ("CITY"), a municipal corporation.
In consideration of the Services to be rendered, the sums to be paid, and each and every covenant and condition contained herein, the parties hereto agree as follows:
RECITALS
WHEREAS, CITY has a need for technology to support law enforcement and emergency operations, through communications and infrastructure located within Yuba County; and WHEREAS, the CITY has expressed a need for access and use of County-owned radio combiners, Microwave Simulcast System, and rack spaces to support Marysville Police Department (hereafter "MPD"), Marysville Public Works (hereafter "MPW") and Marysville Fire Department (hereafter "MFD"') for radio repeater equipment; and WHEREAS, COUNTY has the space and capacity to meet the desired needs of CITY, and can provide access and use to three (3) locations, to support stated needs.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
TERM. This Agreement shall apply to the period of July 1, 2022 through June 30, 2027, unless sooner terminated under Section 7.3 of this Agreement. At the end of this five- year term, this agreement will renew for an additional five years unless either party notifies the other with 90 days' notice of the decision to not renew.
DESIGNATED REPRESENTATIVE. The Director of Administrative Services located at 915 8th Street Suite 119 Marysville, CA 95901, is the representative for the COUNTY and will administer this MOU for the Yuba County. The City Manager located at 526 C Street Marysville, CA 95901 is the authorized representative for CITY.
Changes in designated representatives shall occur only in advance written notice to the other party.
PURPOSE. The purpose of this Agreement is to establish the responsibilities and actions required by CITY and COUNTY as it relates to COUNTY providing access and use of property to CITY.
SCOPE OF SERVICES. COUNTY shall coordinate, and provide access, to county owned public safety communication rooms, equipment racks, towers and antenna systems.
4.1. The COUNTY has a capital investment in the Simulcast Microwave System located at Oregon Peak in Yuba County. Microwave System should have sufficient bandwidth to accommodate a backhaul to remote MFD receiver on Oregon Peak.
4.2. The COUNTY has a capital investment in the Yuba County Sheriff Datacenter Facility, VHF radio combiner, UHF radio Combiner and Simulcast Microwave System located at 720 Yuba Street, Marysville in Yuba County. Having vacant rack space and the radio combiners having unused ports, provides room to allow both Co Locating MFD Command Repeater and voting comparator at YCSO Facility and to allow Co-Locating MPD PRIM and MPD TAC7 Voting Receivers at YCSO Facility.
4.3. The COUNTY has a capital investment in rack space and towers at the Courthouse, located at 215 5t' Street, Marysville in Yuba County. The COUNTY has space to accommodate the CITY placing a new VHF MPW repeater in 3rd Floor Communications Room of Courthouse and new antenna on the tower.
4.4. Connection of the repeaters will be coordinated by CITY using a RF consultant for tuning and to make sure frequencies are compatible and neither party is negatively impacted. The City shall coordinate with the COUNTY for any scheduled work to be done in COUNTY facilities and any work affecting the combiner units, the Simulcast Microwave System, rack unit implementations and any climbs on COUNY owned towers.
4.5. COUNTY and CITY hereby agree if at some future date the COUNTY, or the CITY may terminate this MOU at any time with a 90-day notice.
4.6. MPD project will pay for design/change in UHF combining equipment at the YCSO Facility.
4.7. MPD is responsible for backhaul design engineering and will furnish final design to COUNTY for implementation approval.
4.8. MPD to use existing UHF antenna ports #10 and #11 for Co-Locating MPD PRIM and MPD TAC7 Voting Receivers at YCSO Facility.
4.9. MFD to use existing VHF antenna ports #1 and #2 for Co-Locating MFD Command Repeater and voting comparator at YCSO Facility.
4.10. MPD/MFD Project will pay for VHF combining/filtering equipment needed at the YCSO Facility.
4.11. MPD/MFD project will pay for reconfiguration of YCSO Simulcast Prime Site and Oregon Peak switches to accommodate backhaul for MFD Voting Receivers and will provide to COUNTY an engineering report that shows no impact to YCSO system as part of the reconfiguration.
4.12. MPW Project will pay for tower crew in placing a new antenna on the Courthouse tower as part of VHF MPW repeater installation on 3rd Floor Communications Room of the Courthouse.
4.13. MPW Project will include cleanup/removal of up to 10 "dead" antennae/lines prior to placement of new antenna.
FISCAL PROVISIONS
5.1. CITY agree to five annual payments to the COUNTY to offset the costs of the annual maintenance agreement of the COUNTY owned Simulcast Microwave System, COUNTY owned rack space, and COUNTY facility utilities in the amount of Five Thousand dollars ($5,000) annually. If for any reason this agreement is terminated before the end of the 5-year term, the COUNTY shall reimburse the CITY for a pro-rated share of the annual payment received in the year of the cancellation.
5.2. COUNTY shall notify the CITY regarding any increases during the term due to unforeseen inflationary cost. The CITY shall pay the additional increase within 60 days of being notified. Both parties agree if the system suffers an outage; neither will be entitled to compensation.
6. FACILITIES, EQUIPMENT AND OTHER MATERIALS AND OBLIGATIONS
6.1. Both parties agree to share the use of facilities and equipment, that are owned by the COUNTY and which are required for providing the services pursuant to this MOU.
6.2. COUNTY agrees to provide access to the Courthouse 3rd floor Communications Room, located at 215 5'h Street, Marysville, to City Staff and/or City designated radio system support vendor when requested. The CITY agrees to coordinate with County Information Technology Staff prior, in order arrange entry.
6.3. COUNTY agrees to provide access to the Sheriff Building 2nd floor Communications Data Room, located at 720 Yuba Street, Marysville to City Staff and/or City designated radio system support vendor when requested. The CITY agrees coordinate with County Information Technology Staff prior, in order to arrange entry.
6.4. The CITY can request access during normal business hours, 08:00 AM - 5:00 PM Monday thru Friday by calling the Information Technology Main Line 530-749- 7890. For Emergency after hours and weekend access, contact Information Technology On-Call at 530-701-5715.
GENERAL PROVISIONS
7.1. PERFORMANCE. In its performance under this MOU, CITY shall fully comply with the requirements of Yuba County Ordinances, Policies and Procedures, and all Federal and State laws and regulations.
7.1. AGREEMENTS. This MOU constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings of the parties with respect to the subject matter of this MOU.
7.2. MODIFICATION. No modification or waiver of any provision of this MOU or its attachments shall be effective unless such waiver or modification shall be in writing, signed by all parties, and then shall be effective only for the period and on the condition, and for the specific instance for which given.
7.3. ASSIGNMENT PROHIBITED. No party to this MOU may assign or transfer any right or obligation pursuant to this MOU. Any attempted or purported assignment or transfer of any right or obligation pursuant to this MOU shall be void and if no effect.
7.4. INDEMNIFICATION. Each party agrees to indemnify, defend and hold harmless the other party and its elected and appointed councils, boards, commissions, officers, director, trustees, employees, and agents from liability for damage or claims for damage for personal injury, including death, as well as for property damage and, which may arise out of or result from the intentional or negligent acts or omissions of the indemnifying party or any of its employees or agents in connection with this MOU.
7.5. JURISDICTION. It is agreed by the parties hereto that unless otherwise expressly waived by them, any action brought to enforce any of the provisions hereto or for declaratory relief hereunder shall be filed and remain in a Court of competent jurisdiction in the County of Yuba, State of California. If any term, covenant, condition,
or provision of this MOU is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provision and / or provisions shall remain in full force and effect and shall be filed and remain in a Court of competent jurisdiction in the County of Yuba, State of California.
7.6. ENTIRE AGREEMENT. This MOU represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This MOU may only be modified by a written amendment duly executed by the parties.
7.7. INDEPENDENT CONTRACTOR. It is understood and agreed that Yuba County is an independent contractor and that no partnership or agency is intended or created by this Agreement.
7.8. INSURANCE. CITY shall provide COUNTY with proof of insurance on an annual basis. COUNTY shall provide CITY with a letter to certify that COUNTY is self-insured as authorized by California Government Code Section $990.
8. TERMINATION. This Agreement may be terminated by any party, with or without cause as follows: by mutual consent of the parties; or by either party upon no less than ninety (90) days prior written notice to the other party.
9. NOTICES. All notices and demands of any kind which either party may require or desire to serve on the other in connection with this MOU must be served in writing either by personal service or by registered or certified mail, return receipt requested, and shall be deposited in the United States Mail, with postage thereon fully prepaid, and addressed to the party so to be served and addressed as follows.
COUNTY: County of Yuba
Attn: Director of Administrative Services
915 gth Street. Suite 119
Marysville, CA 95901
With a copy to:
CITY: City of Marysville
Attn: City Manager
526 C Street
Marysville, CA 95901
IN WITNESS WHEREOF, the parties hereto have executed
this Memorandum of Understanding on _ 2022:
"COUNTY" "CITY"
COUNTY OF YUBA CITY OF MARYSVILLE
Chairperson Jim Schaad,
Board of Supervisors City Manager
INSURANCE PROVISIONS APPROVED
Till Abel,
Risk Manager
APPROVED AS TO FORM:
COUNTY COUNSEL
4 DEPUTY
For: Michael Ciccozzi,
County Counsel