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RADIO CHANNEL ACCESS AND USE AGREEMENT <br />(CITY OF EVERETT / PORT OF EVERETT) <br />THIS RADIO CHANNEL ACCESS AND USE AGREEMENT (this "Agreement") is dated for reference <br />purposes November 1, 2022 (the "Effective Date"), by and between the CITY OF EVERETT, a Washington <br />municipal corporation (the "City") and the PORT OF EVERETT, a Washington port district (the "POE"). <br />Throughout this Agreement, the City and the POE are each sometimes referred to individually as a "Party" <br />and collectively as the "Parties." <br />RECITALS <br />A. The City has a police radio system that it uses for police purposes. The POE has requested <br />to be able access and use two radio channels: EVP-DISP and EVP_DATA. These two radio channels are <br />referred in this Agreement as the "Sponsored Channels." <br />B. The purpose of this Agreement is to formalize how the POE may access and use the <br />Sponsored Channels. <br />AGREEMENT <br />For good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, the Parties agree as follows: <br />1. POE Use of the City Police Radio System. At no cost to the City, the POE may access and <br />use the Sponsored Channels. The POE's access and use of the Sponsored Channels under this Agreement <br />is non-exclusive and is always secondary to the City's access and use of the Sponsored Channels. The POE <br />shall always access and use the Sponsored Channels in accordance with all applicable laws. Unless <br />otherwise determined in writing by the City Chief of Police or by the City Chief of Police's designee, the <br />POE will always comply the following: <br />➢ The POE may use no more than five radios on the Sponsored Channels. <br />➢ The POE at its cost will purchase its own POE radios to access the Sponsored <br />Channels. <br />The POE will work through SNO911 (and not the City) to manage POE radios. <br />The POE will only utilize radio communications on the Sponsored Channels for <br />immediate, emergent situations. All non -emergent issues must be addressed <br />through the City's non -emergency line (425-407-3999) or 911. <br />The POE will not use the Sponsored Channels for internal POE communications. <br />➢ The POE will vet all personnel (currently employed as well as newly hired) who <br />access or use the Sponsored Channels or who will use POE radios that can access <br />the Sponsored Channels. This vetting will include criminal background checks. All <br />1 <br />