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19-R-164 - Memorandum of Understanding with State of Texas for the Texas Statewide Interoperability Channel PlanRESOLUTION NO. 19 -R -164 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE STATE OF TEXAS FOR THE TEXAS STATEWIDE INTEROPERABILITY CHANNEL PLAN AS AMENDED, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, WHEREAS, the 77th Legislature, in an effort to provide for effective emergency radio communications by state agencies, called for an Interagency Radio Work Group (IRWG) to develop a state agency communications network; and WHEREAS, in response to an FCC requirement for establishment of state /regional advisory committees, the Texas Interoperable Communications Coalition ( TXICC) and the Texas Statewide Interoperable Communications Plan Executive Committee (SEC) were formally established as advisory committees to the Texas Department of Public Safety; and WHEREAS, the Texas Statewide Interoperability Channel Plan (TSICP), developed by the TXICC provides essential guidance for interoperable radio communications using VHF, UHF, 700 MHz, 800 MHz, and mobile satellite radio equipment for interagency coordination, en -route travel, or on- incident communications; and WHEREAS, the Memorandum of Understanding authorizes the use of certain radio frequencies by emergency response organizations as defined by the U.S. Department of Homeland Security's Office of Emergency Communications and the Texas Division of Emergency Management; and WHEREAS, execution of Memorandum of Understanding by state and local entities is authorized by Texas Government Code, Chapter 791 (local governments), Chapter 771 (state agencies), and Texas Government Code Chapter 411.0105 (Public Safety Radio Communications Council; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to enter into a Memorandum of Understanding with the Texas Department of Public Safety for the Texas Statewide Interoperability Channel Plan. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 10th day of December, 2019. CITY OF SCHERTZ TEXAS al utierrez, Mayor ATTEST: Brenda Dennis, City Secretary EXHIBIT A Attached MEMORANDUM OF UNDERSTANDING Texas Statewide Interoperability Channel Plan (TSICP) (Original issue, April 1, 2005) Texas Department of Public Safety and the identified Federal Agency, State Agency, Local Jurisdiction, or Emergency Service Organization Purpose This Memorandum of Understanding (MOU) establishes permissions and guidelines for use of interoperability or mutual aid radio channels by: • Local government jurisdictions and their associated emergency response agencies; • State agencies in Texas and their associated emergency response organizations; • Federal agency local units in Texas and their associated emergency response organizations, • Local agency units in Texas and their associated emergency response organizations to use designated Federal interoperability channels, and; • Private sector emergency response organizations licensed or otherwise entitled to operate in the Public Safety Pool as defined in Federal Communication Commission (FCC) Rules, Part 90 (47CFR, subpart B, paragraphs 90.15- 90.20). It imposes certain protocols, procedures, and obligations upon jurisdictions hereby authorized to use state - licensed radio channels held by the Texas Department of Public Safety (TxDPS). This agreement supersedes any other previous versions of the MOU. Authority Execution of this agreement by state and local entities is authorized by Texas Government Code, Chapter 791 (local governments), Chapter 771 (state agencies), and Texas Government Code Chapter 421.096 (Interoperability of Radio Systems). This MOU satisfies FCC Part 90 rules for extending license privileges to others by agreement. Federal agencies are permitted access to interoperability channels as authorized by the National Communications & Information Administration (NTIA) Manual, 47 CFR, Parts 2.102(c), 2.103; and 7.12. Federal agencies may execute this MOU and shall adhere to the attached guidelines. Version 21 Applicability This MOU authorizes the use of certain radio frequencies by emergency response organizations as defined by the U.S. Department of Homeland Security's Office of Emergency Communications and the Texas Division of Emergency Management. Generally, this includes organizations in the following governmental disciplines: Emergency Management Public Safety Communications Law Enforcement Public Health Fire Service Health Care Emergency Medical Services Hazardous Materials Public Works / Transportation Governmental Administration This MOU authorizes use of state - licensed frequencies for the purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en route travel, or on- incident communications in accordance with an Incident Communications Plan. Background The 77'" Legislature, in an effort to provide for effective emergency radio communications by state agencies, called for an Interagency Radio Work Group (IRWG) to develop a state agency communications network. That group developed a preliminary plan that was accepted by the state IRWG and the Sheriffs' Association of Texas on March 27, 2001. Subsequently, the IRWG determined that the state agency communications network should be expanded to include all public safety agencies in the state. This was accomplished by IRWG's development of the IRCIP of January, 2003. In response to an FCC requirement for establishment of state / regional advisory committees, the Texas Interoperable Communications Coalition JACC) and the Texas Statewide Interoperable Communications Plan Executive Committee (SEC) were formally established as advisory committees to TxDPS. The Texas Statewide Interoperability Channel Plan ( TSICP), developed by the TACC and included in this MOU, provides essential guidance for interoperable radio communications using VHF. UHF. 700 MHz, 800 MHz. and mobile satellite radio equipment for interagency coordination, en route travel, or on- incident communications. Understandings TxDPS will: Manage and maintain proper licenses for the use of the interoperability frequencies identified herein; Manage and maintain an accurate database of federal and state agencies and local government jurisdictions that have accepted and signed this MOU, and; Issue updates and revisions to the TSICP contained herein, upon request by the TACC and the Director of the TxDPS. Jurisdiction will: • Participate in regional communications planning (generally arranged by a regional Council of Governments) that provides for regional radio communications interoperability. • Manage use of the interoperability frequencies by its employees, ensuring compliance with the TSICP and federal / state / local laws, ordinances, and rules. Version 21 • Use the interoperability frequencies authorized hereby for their intended purpose of coordination between emergency response agencies and resources. Such coordination may occur during interagency operations, en route travel, or at the scene of an incident. • Use the interoperability frequencies for operational and en route communications in accordance with local and regional policies and procedures. • Use the interoperability frequencies for on- incident communications in accordance with the Incident Communications Plan established by the on -scene Incident Commander. • Prioritize use of the interoperability frequencies: 1. Emergency or urgent operation involving imminent danger to life or property; 2. Disaster or extreme emergency operation requiring extensive interoperability and inter- agency communications; 3. Special event, generally of a pre - planned nature; 4. Joint training exercises, and 5. Inter - agency and en route communications. • Implement radio communications procedures consistent with the National Incident Management System (NIMS) and Incident Command System (ICS) including: o Use "plain language" without 10 -codes or agency- specific codes /jargon; o Use the calling protocol: "Agency -Unit #, this is Agency -Unit # ", rather than "Unit # to Unit # ". Examples: "Bryan EMS 9605, this is Tyler Fire 2902" or "Incident Command, this is DPS 505" • Ensure that mobile, portable, and temporary base radios intended for use by agency leadership (officers) are configured with the appropriate in -band interoperability frequencies as found in the TSICP. This means that, as a minimum, the interoperable frequencies would be added to the day -to -day frequencies used by that entity. • Ensure that interoperability calling channels are monitored at the Incident Command Post on major incidents requiring significant aid from agencies beyond routine local interoperability. Monitoring shall include one or more of the following: CALLING CHANNEL NAME VCALL10 UCALL40 7CALL50 8CALL90 Incident Command Post monitoring may be communications operator console patching, gateway. USE Analog VHF Calling Channel_ Analog UHF Calling Channel Digital P25 700 MHz Calling Channel Analoa National Calling Channel implemented using cross -band repeaters, or VHF /UHF /700/800 MHz fixed or mobile Version 21 9 It is suggested that the band - relevant interoperable call channel listed above be included in the `home zone' used for day -to -day operations. This will enable radio users to easily turn to the interoperable channel on their mobile or portable radio when needed. The parties mutually a -gree: Jurisdiction and TxDPS agree that their mutual interests will be furthered by continued coordination between the jurisdiction and the Office of the Texas Statewide Interoperability Coordinator (SWIC). • Jurisdiction and TxDPS agree that this Memorandum of Understanding may be cancelled at any time, by written notice to the other party, or by subsequent agreements. • Only one MOU per Jurisdiction or Governing Body is required to cover the departments and /or sub - agencies of each jurisdiction, as long as each department or sub - agency is listed on an accompanying attachment. The attached TSICP (Original Issue March 25, 2005) is incorporated into this MOU in its entirety. The TSICP may be revised by TSICP Strategic Advisory Group (SAG) and TxDPS as needed, and revisions will be provided to Jurisdictions by TxDPS. Should Jurisdiction elect to withdraw from this MOU because of TSICP revisions, notice shall be given by mail to: Texas Department of Public Safety Public Safety Communications Service 5805 N. Lamar Boulevard Austin, TX 78752 Version 21 10 Agreement This Memorandum of Understanding was agreed to 10th day of December.2019. Please complete, sign, scan, and then email THIS PAGE ONLY as attached file to WHO SHOULD EXECUTE THIS AGREEMENT. Each jurisdiction must individually sign this agreement. • An authorized representative of a City may sign for all public safety agencies in that city. • A County may sign for volunteer fire departments (VFD) if the VFD is recognized in the county emergency management plan; however, • A County CANNOT sign for all cities or other public safety agencies in the county that are not a part of county government since they are separate legal entities. • A Council of Governments (COG) CANNOT sign for all jurisdictions within the COG. Compliance with this TSICP and the SCIP are required to receive grant funds for communications equipment. Agencies and programmers should verify the latest version of these documents are being referenced; they can be found at httos.11www.dps. texas .gov /LawEnforcementSu portl communications linteroplindex.htm FOR JURISDICTION Jurisdiction Name: City of Schertz Authorized Signature: Print Name: Mark Browne Title: City Manager Jurisdiction Address: 1400 Schertz Parkway, Schertz, TX 78154 County: Guadalupe Phone: 210- 619 -1300 e-mail: mbrowne @schertz.com Indicate the NUMBER of mobile, portable, temporary base, and /or mobile relay radios to be operated under TxDPS licenses or MSAT Authorization. For Federal Entity Interop and 700 Air -to- Ground channels, please mark the appropriate box with a checkmark or "X" if these channels are programmed or if programming is planned for the future. (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY AUTHORIZED SIGNATURE Signature: Todd M. Early, Assistant Chief, Infrastructure Operations Division Texas DPS Public Safety Communications Service, 5805 N. Lamar Boulevard, Austin, TX 78752 Phone: (512) 424 -2121 Fax: (512) 424 -2899 Todd.Early @dps.texas.gov Version 21 11 Temporary Federal 700 Air -to- Mobile Portable Base- Entity Interop Ground Mobile Relay Channels Channels N/A 150 MHz 450 MHz N/A 700 MHz N/A 800 MHz NPSPAC 99 122 N/A N/A N/A N/A Mobile Satellite MSAT) (This information is required by TxDPS as a condition of its licenses from the FCC.) TEXAS DEPARTMENT OF PUBLIC SAFETY AUTHORIZED SIGNATURE Signature: Todd M. Early, Assistant Chief, Infrastructure Operations Division Texas DPS Public Safety Communications Service, 5805 N. Lamar Boulevard, Austin, TX 78752 Phone: (512) 424 -2121 Fax: (512) 424 -2899 Todd.Early @dps.texas.gov Version 21 11