Township of Girard, PA Article VIII Next Generation Public Safety Radio System

[Adopted 1-4-2016 by Ord. No. 2015-1]

§ 20-55 Agreement authorized; parties; purpose and objectives.

Erie County (the "county") and Girard Township ("Girard") hereby enter into a Next Generation Public Safety Radio System Interagency Agreement with other municipalities as would desire to enter into a Next Generation Public Safety Radio System Interagency Agreement. Girard wishes to utilize the county's radio system for its public safety and public service radio communications coverage and to establish interagency communication with the county. Girard agrees to utilize the system in accordance with the rules and regulations of the FCC, the county, and the Commonwealth of Pennsylvania and will operate the radio system in a professional manner and only for Girard's official business purposes.

§ 20-56 Conditions of agreement; manner of financing.

The conditions of the intergovernmental cooperation agreement to be entered into between the participating municipalities and the county are described as follows:

A. Any police, fire, medical, and local emergency management agency designated by the local municipality as its emergency service provider choosing to opt in to the Next Generation Radio Project will be required to sign an interagency agreement with the county by December 15, 2015. Any police, fire, medical and local emergency management agency choosing to opt out of the Next Generation Public Safety Radio Project will be responsible for 100% of the costs associated with purchasing the equipment necessary to interface with the Next Generation Public Safety Radio System.

B. The county is covering 100% of end-user equipment costs based on the predetermined quantity (refer to Exhibit B within the intergovernmental cooperation agreement[1]) as defined in the final report and recommendation by MCM Consulting Group. Any additional equipment requested by any police, fire, medical, and local emergency management agencies not outlined in the report of the MCM Consulting Group's study will be the sole financial responsibility of the respective agency (based on county/manufacturer's specifications).

[1] Editor's Note: Said intergovernmental cooperation agreement and Exhibit B are on file in the Township offices.

C. As the county is covering 100% of end-user equipment costs based on the predetermined quantity (refer to Exhibit B within the intergovernmental cooperation agreement), all local fire, medical, police and local emergency management agencies shall collectively apply for Federal Assistance to Firefighters, COPS More Technology, and other grant-funding opportunities as they become available. Any grant funds received are to be returned to the county to offset the costs of infrastructure hardware, software and end-user equipment.

D. The current "remote dispatch points" (East County, Millcreek Township and the Pennsylvania State Police) shall be responsible for 100% of the costs associated with purchasing the equipment necessary to interface with the Next Generation Public Safety Radio System (based on county/manufacturer's specifications).

§ 20-57 Manner of acquisition and disposition.

All terminal equipment provided by or loaned by the county shall remain county property. Any equipment upgrades paid by an agency shall be co-owned by the agency and the county during the warranty period. At the expiration of the warranty, equipment upgrades will be owned by the agency.

§ 20-58 Duration of agreement; termination.

A. The intergovernmental cooperation agreement shall commence upon the effective date and shall continue for a period of five years (the "initial term"). Unless written notice is provided not less than 60 days prior to the expiration of the initial term, the agreement shall automatically renew for three consecutive five-year terms until terminated by either party by providing at least 60 days' written notice to the other party prior to the commencement of any subsequent renewal term.

B. Additionally, either party shall have absolute right to terminate the agreement without cause upon 90 days' written notice to the other. The county shall have the right to terminate the agreement with cause upon 60 days' written notice to Girard. For purposes of this subsection, termination with cause includes but is not limited to breach or violation of any of the terms or provisions of the agreement or the county's FCC license, violation of any county licensing agreement with any third party or vendor, or misuse or unauthorized use of the radio system.