holding the appropriate class of license regardless of their affiliation with BIARA.

Transcription

1 Memorandum of understanding between the Pacific Battleship Center (PBC), a nonprofit corporation organized under the Internal Revenue Service Code 501(c)3 and the Battleship Iowa Amateur Radio Association (BIARA) a not for profit social organization comprised of qualified Amateur Radi.o operators. The purpose of this memo of understanding is to specify the obligations that Pacific Battleship Center (PBC) and the Battleship Iowa Amateur Radio Association (BIARA) freely take on in order to work together for the benefit of the Battleship Iowa, a museum ship being operated by the PBC. Once signed, this memorandum constitutes a binding contract between PBC and BIARA Provisions: I. BIARA is and will continue to be an organization separate from PBC. Members of BIARA who engage in Amateur Radio Activities aboard Battleship Iowa shall be required to become volunteers of PBC and to abide by all volunteer guidelines and directives as may be established by PBC; including, but not limited to the completion of a volunteer application, having a PBC ID Card issued, and attending a volunteer orientation. II. Ill. BIARA retains and reserves the right to raise funds for its operation(s) by collecting dues from members, by direct solicitation to members of the Amateur Radio community, by selling hardware or software owned by BIARA, or by any other means available providing such means are not in conflict with the fund raising efforts of PBC. BIARA may operate from the Battleship Iowa in such spaces, as the PBC shall designate. PBC will allow reasonable use of and connections to several of the US Navy radio antennas installed on the ship for the purpose of Amateur Radio communications. Use of spaces, antennae, and radio gear by BIARA aboard Battleship Iowa will be considered "privileged" but is non-exclusive. a) Privileged in the context of this memorandum should be construed to mean the following: 1) Given Priority. 2) Given broad leeway to use within the scope of the greater context of the whole of this Memo of Understanding. 3) Granted permission to use throughout the time this Memorandum is in effect without the need to gain further permission. b) Non-exclusive in the context of this memorandum shall be construed to mean: 1) PBC at it's sole discretion may at any time repurpose any asset, space, antenna, or piece of gear aboard Battleship Iowa for any reason, or for no reason at all. 2) Radio gear aboard Battleship Iowa may be operated under the provisions and rules of Part 97 of the regulations of the United States Federal Communications Commission (FCC) by an operator

2 holding the appropriate class of license regardless of their affiliation with BIARA. IV. The NI6BB license is and will remain licensed for the exclusive use of BIARA and BIARA sanctioned operations. V. No external equipment, cabling, antenna, or any other device shall be installed on board Battleship Iowa without written permission from PBC. A request to mount external equipment should be submitted to the PBC via the technology department and will require the approval of the PBC museum committee and the PBC operations department. Any such equipment should not detract from the historic configuration, appeal, and appearance of the Battleship Iowa. VI. VII. VIII. IX. All members of BIARA who engage in amateur radio communications aboard the Battleship Iowa shall possess a valid Amateur Radio Operator License issued by the FCC and shall operate within the rules of the FCC. BIARA will have an up-to-date list of authorized licensed operators posted in the assigned Radio Compartment BIARA shall limit its access and operations to the normal operating hours of Battleship Iowa; this may include after hours events coordinated by PBC to which BIARA is a party. A member of the PBC staff shall serve in an advisory capacity on the board of BIARA Donations accepted in the name of the PBC shall be the property of PBC. Donations accepted in the name of BIARA shall be the property of BIARA. If any doubt arises as to the intended recipient of a donation received aboard Battleship Iowa, the donation shall devolve to PBC. X. BIARA reserves the right to disband. BIARA may not dissolve its association with PBC and more specifically the Battleship Iowa without disbanding or changing the name of the association to remove any reference to PBC or Battleship Iowa. In the event that BIARA chooses to disband or end it's association with PBC and/or Battleship Iowa, a written notice of intent will be provided to PBC a minimum of 30 days prior to such action. XI. PBC may choose to end its association with BIARA in which case BIARA must disband or change the name of the association to remove any reference to PBC or Battleship Iowa. Such action will require a written 30-day notice delivered to the BIARA Board and/or president.

3 XII. XIII. XIV. XV. XVI. XVII. Should BIARA disband, any equipment, assets, funds, or other material in the possession of PBC which is demonstrably the sole property of BIARA shall be turned over to the BIARA president who presided over the disbandment for distribution as the BIARA members see fit and indicated at the time the organization disbanded. If any doubt shall arise regarding the ownership of any equipment or other assets in the possession of PBC at the time of the dissolution of BIARA the equipment or asset shall be deemed to have been donated to PBC. PBC explicitly states it shall not be liable for any debts incurred by BIARA or any of it's members, and BIARA agrees to hold PBC harmless for any and all liabilities incurred by BIARA BIARA shall save and hold PBC, its officers, directors, employees, agents, volunteers, contractors and subcontractors harmless for any and all injuries, damages, claims, costs and expenses arising out of BIARA's operations or caused by the BIARA's officers, directors, employees, agents, volunteers, contractors, or subcontractors, or arising out of the use of spaces aboard Battleship Iowa occupied by BIARA and not attributable to the sole negligence of PBC. PBC shall notify the Board of BIARA of any complaints or possible disciplinary actions against any BIARA member, and work with said Executive Committee to determine the appropriate course of action. These may include expulsion from the association and suspension (or probation) from the ship for a set time period. Equipment installed or used in any permanent way aboard Battleship Iowa by BIARA must be donated to and become the sole property of PBC. Exceptions to this clause must be made in writing and attached to this Memorandum with signatories representing both PBC and BIARA. BIARA will act as the representative of the Battleship Iowa and Pacific Battleship Center within the Amateur Radio community; in this role, BIARA shall promote the Battleship Iowa and the Pacific Battleship Center (PBC), the interests and advancement of amateur radio, coordinate the activities of the associates in providing public service and provide the opportunity and facilities for the gathering of amateurs and others interested in the hobby. XVIII. With written permission from PBC, BIARA may use PBC logo, branding, and collateral marketing materials in promoting their activities aboard Battleship Iowa XIX. It is the desire of PBC to differentiate between Amateur Radio equipment and original USS Iowa Radio Equipment (also called colloquially aboard

4 Vt) Battleship Iowa "Organic Radio Equipment"). BIARA shall be the organization responsible, within the limits set forth in this MOU, for Amateur Radio Equipment aboard Battleship Iowa. BIARA may also be asked to coordinate, lead, and/or participate in various projects related to the "Organic" radio equipment aboard Iowa. It is understood that restoration of "Organic" radio equipment may also be assigned to volunteers unaffiliated with BIARA. I ~ XX. XXL XX.II. No original USS Iowa (also called "Organic") radio equipment may be removed from the ship for any reason whatsoever without a written authorization from one of the following PBC representatives: The Chief Operating Officer (COO), the VP of Operations, or the VP of Technology) A description and photographs of the equipment to be removed, the reason for removal, and the expected date of return shall accompany any request for such an authorization. The Amateur Radio Station of BIARA may be used by BIARA members to provide on-the-air experience for groups such as Boy Scouts participating in a Radio Merit Badge program or other scouting programs such as the Boy Scout Jamboree On The Air (JOTA). In accordance with FCC rules for amateur radio operation, no charge may be made for this third-party service. BIARA will endeavor to recruit and train members to provide classroom instruction and counseling relative to the BSA Radio Merit Badge requirements. PBC will reimburse BIARA for documented costs related to the delivery of any such training. BIARA members involved in any program that puts them in contact with children, such as the Boy Scout merit badge or JOTA programs, shall undergo a background check and/or "Live Scan" under the Pacific Battleship Center background check process in place at the time of the event. PBC reserves the right to limit or bar access to Battleship Iowa based on results from these background checks. The cost of these background checks shall be born by BIARA. XXIll. BIARA shall carry Club Liability Insurance policy providing a minimum of $1,000,000 in coverage for each occurrence and a minimum of $2,000,000 in aggregate coverage each year. XXIV. BIARA shall provide a copy of its club constitution and bylaws to the PBC for approval. Disapproval by PBC of BIARA's constitution or bylaws shall be conveyed by a written explanation and both parties agree to act in good faith to secure modifications agreeable to BIARA and PBC. PBC shall be notified immediately upon any amendments to the BIARA bylaws, and this same approval process followed.

5 XXV. Modifications, amendments, and attachments to this Memorandum of Understanding require the approval of the president of BIARA and the VP of Technology for PBC. XXVI. For the purpose of this MOU, the approving or notifying parties may obtain "written approvals" and "written notification" and any other requirements that are fulfilled "in writing" electronically via addresses demonstrably owned. XXVII. It is the firm desire of PBC to work with BIARA to establish a long term Amateur Radio presence aboard Battleship Iowa. Both parties agree to act in Good Faith toward this goal. 23~;(}/J~f>L3 Date Davi anfield VP of Technology Pacific Battleship Center Z3JA~ 2-ot.~ Date