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HomeMy WebLinkAbout1995-038 Intergov Agrmt - Fire CITY Of ASHLAND FIRE DEPARTMENT AND ASHLAND SCHOOL DISTRICT #5 INTERGOVERNMENTAL AGREEMENT (Shared Radio Frequency) Agreement made this ~)P.~ day of ~)~l L..r 1995, between the City of Ashland, by and through the City of Ashland Fire Department ("City"), and Ashland School District #5 ("District"). City and School District agree: 1. Use of radio frequency. City shall allow District to install the City FCC-authorized radio frequency (155.760) ("the frequency") in District's radio system under the following conditions: 1.1. The frequency will only be utilized by District in a secondary position to District's existing frequencies. 1.2. The utilization of City's frequency by District will be for emergency purposes only. The determination of an emergency shall be at the sole discretion of the City. 1.3. City retains the right, in City's sole discretion, to deny use of the frequency to the District during emergencies if City needs priority of the frequency. 1.4. The frequency shall remain the authorized frequency of City by the Federal Communication Commission CFCC"). At no time will District be authorized to make application to the FCC for ownership of the frequency without the express written consent of the City. 2. Duration of Agreement. This agreement shall continue until terminated as provided below. ~ 3. Default. A default shall occur if 3.1. District fails to perform any obligation contained in this agreement immediately after notice from City specifying the nature of the default or, if the default cannot be cured immediately, failure to immediately commence and pursue curative action with reasonable diligence. 3.2 City determines that District's use of the frequency jeopardized the integrity of the frequency and District cannot or refuses to take corrective action within a reasonable time. 4. Termination. In the event of a default, City may take any one or more of the following steps: PAGE i-INTERGOVERNMENTAL AGREEMENT (p:a~rc~\f~l-radio.i~a) 4.1 Specifically enforce the terms of this contract by suit in equity. 4.2 Pursue any or all other remedies available at law or in equity. Such remedies may include, but are not limited to, termination of the agreement. Upon termination, District shall remove the frequency from District's radio system within 60 days. ASHLAND SCHOOL DISTRICT NO. 5 By Jo Dagg~tendent CITY OF ASHLAND 'Brian M. Almquist, CiL~ministrator Department Head Date Coding (for city use only) REVIF_~Ep ~ TO FORM: BY l~'~',J ~ t Date PAGE 2-INTERGOVERNMENTAL AGREEMENT (~:,~,~X~d-,~aio.i~=)