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HomeMy WebLinkAbout1681 Memorandum of Understanding with City of Kansas City Argosy Casino Radio Tower Site BILL NO. 2019-044 ORDINANCE NO. I AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF KANSAS CITY, MISSOURI RELATING TO THE ARGOSY CASINO RADIO TOWER SITE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — APPROVAL OF MEMORANDUM OF UNDERSTANDING. That the Riverside Board of Aldermen hereby approves the Memorandum of Understanding relating to the Argosy Casino Radio Tower Site by and between the City of Riverside and the City of Kansas City, Missouri, in substantially the form attached hereto, and the Mayor is authorized to execute the Memorandum of Understanding. SECTION 2 —GRANT OF FURTHER AUTHORITY. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City_of Riverside this J 7 day of , 2019. Kathleen L. Ro e • �T''TIJ'�=I'r.' Robn`kncad, City Clerk MEMORANDUM OF UNDERSTANDING Between CITY OF KANSAS CITY, MISSOURI And CITY OF RIVERSIDE, MISSOURI Regarding ARGOSY CASINO RADIO TOWER SITE This Memorandum of Understanding is hereby entered into between the City of Kansas City, Missouri, a municipal corporation (hereinafter "Kansas City"), and the City of Riverside, Missouri, a municipal corporation (hereinafter"Riverside"). WHEREAS, Section 103 of Kansas City's Charter grants Kansas City the power to cooperate with other governmental bodies for the purpose of promoting any of the powers of the city; and, WHEREAS, the Parties desire to maintain and improve the public safety radio services of the Metropolitan Area Regional Radio System (hereinafter"MARRS"); and, WHEREAS, Kansas City is the host agency for the MARRS; and, WHEREAS, Riverside owns a radio tower, the Argosy Casino radio tower site,that is part of the MARRS; and, WHEREAS, the Parties desire to cooperate in the maintenance of the Argosy Casino radio tower site and tower and infrastructure equipment related to the site, including microwave and dispatch; NOW, THEREFORE, THE PARTIES CONCER TO THE FOLLOWING UNDERSTANDING: 1. Beginning on June 1, 2021, the Parties will perform the tasks and the responsibilities for each such task set forth in Exhibit A of this MOU. The Parties will cooperate in the coordination of their performance of such tasks and responsibilities. 2. Riverside has full rights of ownership of the Argosy Casino radio tower site and its infrastructure. 3. Neither Party will charge or pay any fees to the other Party pursuant to any provisions of this MOU. 4. Each Party will be responsible for all the costs associated with performing the tasks the Party is responsible for pursuant to Exhibit A. 1 5. The Argosy Casino radio tower site is operated as part of the MARRS of which Kansas City is the host agency and Riverside is a user agency. The MARRS is managed and overseen by the MARRS Management Council with the Mid- America Regional Council (hereinafter "MARC") providing administrative and coordination services. 6. Each Party will appoint a point of contact who is able to handle the routine issues involved with this MOU. 7. No Party, or a Party's employee, agent or official, is responsible to the other Party, or the other Party's employee, agent or official, for any act or omission arising out of the performance of the tasks and responsibilities set forth in Exhibit A of this MOU or the provisions of this MOU. 8. If a dispute arises between the Parties to this MOU, each Party will provide at least one representative and such representatives will meet and attempt to resolve the dispute as quickly as possible. 9. This MOU creates no third-party beneficiary rights in any other person or entity. 10. Nothing in this MOU is intended to, or does, negate or waive official immunity, sovereign immunity or application of the public duty doctrine. This MOU is entered into for the common good of the general public and for a strictly governmental purpose. 11. Any amendment or modification of this MOU requires the written approval of all Parties. 12. This MOU is not, nor shall be construed as, a contract. 13. The provisions of this MOU will go into effect on June 1, 2021, and will terminate on June 1, 2031. Any Party may terminate this MOU without cause at any time by giving one hundred and eighty days' advance written notice to the other Party by U.S. Post. ety of Kansa ity, iss uri: /V L' Troy Sc e City Manager q Date: 2 Approved as to Form: ,-lan Holtka Assistant City A ey For the Ci of Riverside, Missouri: kkba-&�� Kat een L. Rose Title Date 3 EXHIBIT A Entity having Responsibility Task for Task Motorola SUA lI Dispatch Equipment Kansas City Motorola SUA lI, System Fault monitoring, System security monitoring. Tower Site Radio Equipment technical Kansas City Microwave Radio/911 PTP Kansas City Microwave Radio /911 PTP #2 MARC Site Generator PM Kansas City Site Generator Repair Kansas City Generator Fuel Riverside Tower lighting (average repair) Kansas City Tower Antennas and Feedlines Range Kansas City Site HVAC (Average) Kansas City Site housekeeping (Fence, weed control, drive) Riverside Dispatch radio equipment maintenance both preventive and repair. Kansas City Dispatch parts Kansas City Site radio equipment maintenance both preventive and repair. Kansas City Site parts Kansas City Site spares Kansas City Weekly site inspection Kansas City Battery PM Cell test Kansas City Single Cell replacement may result @ PM Kansas City Full battery replacement (EOL) next 5 years Kansas City Tower real estate Riverside Radio Count Kansas City 4