HomeMy WebLinkAboutBOCC Packet 05222013 Forest Service Radio FrequencyAGENDA ITEM SUMMARY
REGULAR MEETING DATE: May 22, 2013
AGENDA ITEM TITLE: RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS (BOCC) OF PITKIN COUNTY
COLORADO, APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN PITKIN COUNTY
AND THE USDA, FOREST SERVICE, WHITE RIVER
NATIONAL FOREST SERVICE FOR COOPERATIVE
FREQUENCY USE
STAFF RESPONSIBLE: Bruce Romero
ISSUE STATEMENT: The USDA Forest Service has proposed a cooperative agreement with
Pitkin County to allow use of Pitkin County radio frequency resources by the USDA Forest Service
for public safety, fire suppression or joint operations.
BACKGROUND: Pitkin County operates an extensive Very High Frequency (VHF) two-way radio
system throughout the area which is far beyond the radio resources that the Forest Service has
available to them in this area. In the interest of public safety, Pitkin County and the Forest Service
have shared the Pitkin County system when necessary for incidents. The Forest Service does not use
the Pitkin County system for routine purposes. This agreement allows for better interoperable
communications, which is a goal of all public safety agencies throughout the country.
LINK TO STRATEGIC PLAN: Safe Community
KEY DISCUSSION ITEMS: If Pitkin County chooses not to engage in this cooperative
agreement, a failure in communication could take place when it is needed most. By allowing the
Forest Service guided use of the Pitkin County system, the public will remain safer and receive the
service that they deserve.
BUDGETARY IMPACT: None - No charge to the Forest Service and no additional cost to
Pitkin County
RECOMMENDED BOCC ACTION: Approve the resolution at public hearing on May 22,
2013.
ATTACHMENTS: MOU for Cooperative Frequency Use 13-MU-11021500-022
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (BOCC) OF PITKIN
COUNTY COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) BETWEEN PITKIN COUNTY AND THE USDA, FOREST SERVICE, WHITE
RIVER NATIONAL FOREST SERVICE FOR COOPERATIVE FREQUENCY USE
RECITALS:
1. Section 2.8.3.1 of the Pitkin County Home Rule Charter gives the Board of County
Commissioners (hereinafter "BOCC") the authority to take action by formal resolution on
matters of significant importance affecting citizens including, but not limited to,
intergovernmental agreements.
2. The Memorandum of Understanding (hereinafter "MOU") attached to this Resolution as
Exhibit "A" sets forth the responsibilities for cooperating agencies for the purpose of sharing of
specific radio frequencies that are authorized to each party, in accordance with the provisions
listed in the MOU.
3. The BOCC has determined that this MOU provides efficient, cost effective radio
communications to support the protection of life and property management policies of the parties
to this MOU.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it hereby approves the MOU attached to this Resolution as Exhibit "A".
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 8th DAY OF
MAY 2013.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON , 2013.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFFICIAL PITKIN COUNTY WEBSITE ( www.aspenpitkin.com) ON THE
DAY OF 2013.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY
OF 2013.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
1
By By:
Jeanette Jones George Newman, Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
2
EC
USDA, Forest Service
OMB 0596-0217
FS-I500-I5A
FS Agreement No. 13-MU-1 1021500-022
Agreement No. Pitkin County
MEMORANDUM OF UNDERSTANDING
FOR COOPERATIVE FREQUENCY USE
Between The
PITKIN COUNTY
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This MEMORANDUM OF UNDERSTANDING (MOU) is hereby made and entered into by and
between Pitkin County, hereinafter referred to as "Pitkin County," and the U.S. Forest Service, White
River National Forest, hereinafter referred to as the U.S. Forest Service.
I. PURPOSE: The purpose of this MOU is to document the cooperation between the parties for sharing
of specific radio frequencies that are authorized to each party, in accordance with the following
provisions.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
This MOU provides efficient, cost effective radio communications to support the protection of life and
property management policies of the parties to this MOU
In consideration of the above premises, the parties agree as follows:
ILL PITKIN COUNTY SHALL:
A. Determine the dispatch and management procedures to be used for Pitkin County's frequencies
listed herein.
B. Provide evidence of authorization to operate Pitkin County's frequencies listed herein and to
immediately notify the U.S. Forest Service when conditions of the authorization to operate
change, or the authorization becomes invalid.
C. Use U.S. Forest Service frequencies for official use when required for testing, maintenance,
employee and public safety, fire suppression, or joint operations between parties.
D. Cease operating on U.S. Forest Service frequencies when requested by the U.S. Forest Service.
E. Submit an application through the Federal Communications Commission (FCC) for licenses to
operate on the U.S. Forest Service frequencies listed in Exhibit A to this MOU.
F. Allow the U.S. Forest Service usage of Pitkin County's frequencies listed in Exhibit A.
Note: The frequency data contained in Exhibit A is Sensitive but Unclassified (SBU) and is
not releasable under the Freedom of Information Act.
Page I of 8
USDA, Forest Service
IV. THE U.S. FOREST SERVICE SHALL:
OMB 0596-0217
FS 1500-I5A
A. Determine the dispatch and management procedures to be used for the U.S. Forest Service
frequencies listed herein.
B. Provide evidence of authorization to operate on the U.S. Forest Service frequencies listed herein
and to immediately notify Pitkin County when conditions of the authorization to operate change,
or the authorization becomes invalid.
C. Use Pitkin County's frequencies for official use when required for testing, maintenance, employee
and public safety, fire suppression, or joint operations between the parties.
D. Cease operating on Pitkin County's frequencies when requested by Pitkin County.
E. Submit an application through the National Telecommunications and Information Administration
(NTIA) for a license to operate on Pitkin County's frequencies listed in Exhibit A to this MOU.
F. Allow Pitkin County usage of U.S. Forest Service frequencies listed in Exhibit A.
Note: The frequency data contained in Exhibit A is Sensitive but Unclassified (SBU) and is
not releasable under the Freedom of Information Act.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES
THAT:
A. Each party shall maintain administrative control of their radio frequencies and will be responsible
for all use of the frequency.
B. Frequency use is limited to the restrictions imposed on Radio Frequency Authorization (RFA)
supplied by the U.S. Forest Service, and/or Pitkin County and may be installed in mobile and
portable radios for operational use between the U.S. Forest Service and Pitkin County as
designated by each party.
C. Each party shall furnish their own radio communications equipment to operate on the frequencies
listed in Exhibit A to this MOU.
D. Equipment shall be and remain the property of each party who furnished it, and that party shall be
the licensee thereof pursuant to the Federal Communications Commission (FCC) and International
Radio Advisory Committee (IRAC) regulations.
E. Each party is authorized to operate their equipment for test purposes, maintenance, reliability
checks and operational use.
Page 2of8
u�S USDA, Forest Service
OMB 0596-0217
FS- 1500- 15A
F. The parties agree to operate and maintain their equipment in accordance with FCC and NTIA
regulations and operational parameters as established by this MOU. Pitkin County shall submit
an application through the FCC to apply for a license to operate on the listed frequencies.
Federal licenses may be acquired without cost by submitting form: FCC-601 (Main) FCC-601D
(Station Location & Antenna Structure Information) & FCC-601H (Private Land Mobile & Land
Mobile Auxiliary Radio Service Information) to the FCC at the following address:
G.
Federal Communications Commission
1270 Fairfield Road
Gettysburg, PA 17325
PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas
for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact
Name: Tom Grady, Emergency Manager
Address: 506 E. Main Street
City, State, Zip: Aspen CO, 81611
Telephone: 970-920-5234
FAX: 970-920-5198
Email: Tom.Grady@pitkinsheriff.com
Cooperator Administrative Contact
Name: Bruce Romero, PC Center Director
Address: 506 E. Main Street
City, State, Zip: Aspen CO, 81611
Telephone: 970-920-5310
FAX: 970-920-5198
Email: bruce.romero@pitkin911.org
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager
Contact
Name: Larry Anderson, Safety Specialist
Address: 900 Grand Ave
City, State, Zip: Glenwood Springs CO 81601
Telephone: 970-945-3293
FAX: 970-945-3286
Email: lcanderson@fs.fed.us
U.S. Forest Service Administrative Contact
Name: Elaine Langstaff
Address: 900 Grand Ave
City, State, Zip: Glenwood Springs CO 81601
Telephone: 970-945-3224
FAX: 970-945-3211
Email: eangstaff@fs.fed.us
H. ASSURANCE REGARDING FELONY CONVICTION OR TAX DELINQUENT STATUS FOR
CORPORATE ENTITIES. This agreement is subject to the provisions contained in the
Department of Interior, Environment, and Related Agencies Appropriations Act, 2012, P.L. No.
112-74, Division E, Section 433 and 434 regarding corporate felony convictions and corporate
federal tax delinquencies. Accordingly, by entering into this agreement Pitkin County
acknowledges that it: 1) does not have a tax delinquency, meaning that it is not subject to any
unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) has
not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal
violation under any Federal law within 24 months preceding the agreement, unless a suspending
Page 3 of 8
USDA, Forest Service
OMB 0596-0217
ES-1500-''5A
and debarring official of the United States Department of Agriculture has considered suspension
or debarment is not necessary to protect the interests of the Government. If Pitkin County fails to
comply with these provisions, the U.S. Forest Service will annul this agreement and may recover
any funds Pitkin County has expended in violation of sections 433 and 434.
I. NOTICES. Any communications affecting the operations covered by this agreement given by the
U.S. Forest Service or Pitkin County is sufficient only if in writing and delivered in person,
mailed, or transmitted electronically by e-mail or fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the MOU.
To Pitkin County Communications , at Pitkin County's address shown in the MOU or such
other address designated within the MOU.
Notices are effective when delivered in accordance with this provision, or on the effective date of
the notice, whichever is later.
J. PARTICIPATION IN SIMILAR ACTIVITIES. This MOU in no way restricts the L.S. Forest
Service or Pitkin County from participating in similar activities with other public or private
agencies, organizations, and individuals.
K. ENDORSEMENT. Any of Pitkin County's contributions made under this MOU do not by direct
reference or implication convey U.S. Forest Service endorsement of Pitkin County's products or
activities.
L. NONBINDING AGREEMENT. This MOU creates no right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity. The parties shall manage their respective
resources and activities in a separate, coordinated, and mutually beneficial manner to meet the
purposes(s) of this MOU. Nothing in this MOU authorizes any of the parties to obligate or
transfer funds. Specific projects or activities that involve the transfer of funds, services, or
property among the parties require execution of separate agreements and are contingent upon the
availability of appropriated funds. These activities must be independently authorized by statute.
This MOU does not provide that authority. Negotiation, execution, and administration of these
agreements must comply with all applicable law. Each party operates under its own laws,
regulations, and policies, subject to the availability of appropriated funds. Nothing in this MOU is
intended to alter, limit, or expand the agencies' statutory and regulatory authority.
M. FREEDOM OF INFORMATION ACT (FOIA). Public access to MOU or agreement records
must not be limited, except when such records must be kept confidential and would have been
exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552).
N. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513,
"Federal Leadership on Reducing Text Messaging While Driving," any and all text messaging by
Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a
privately owned vehicle (POV) while on official Government business; or b) using any electronic
equipment supplied by the Government when driving any vehicle at any time. All cooperators,
their employees, volunteers, and contractors are encouraged to adopt and enforce policies that ban
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etheti
USDA, Forest Service
OMB 0596-0217
FS-1500.15A
text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when
driving while on official Government business or when performing any work for or on behalf of
the Government.
O. TERMINATION. Any of the parties, in writing, may terminate this MOU in whole, or in part, at
any time before the date of expiration.
P. DEBARMENT AND SUSPENSION. Pitkin County shall immediately inform the U.S. Forest
Service if they or any of their principals are presently excluded, debarred, or suspended from
entering into covered transactions with the federal government according to the terms of 2 CFR
Part 180. Additionally, should Pitkin County or any of their principals receive a transmittal letter
or other official Federal notice of debarment or suspension, then they shall notify the U.S. Forest
Service without undue delay. This applies whether the exclusion, debarment, or suspension is
voluntary or involuntary.
Q.
MODIFICATIONS. Modifications within the scope of this MOU must be made by mutual
consent of the parties, by the issuance of a written modification signed and dated by all properly
authorized, signatory officials, prior to any changes being performed. Requests for modification
should be made, in writing, at least 30 days prior to implementation of the requested change.
R. COMMENCEMENT/EXPIRATION DATE. This MOU is executed as of the date of the last
signature and is effective through 5 years from date of last signature at which time it will expire,
unless extended by an executed modification, signed and dated by all properly authorized,
signatory officials. Expiration date shall be concurrent with that of the IRAC authorizations.
S. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are authorized to act
in their respective areas for matters related to this MOU. In witness whereof, the parties hereto
have executed this MOU as of the last date written below.
BRUCE ROMERO, CENTER DIRECTOR Date
Pitkin County
SCOTT G. FITZWILLIAMS, FOREST
SUPERVISOR
U.S. Forest Service, White River National Forest
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Date
USDA, Forest Service
OMB 0596-0217
FS-1500-15A
The authority and format of this agreement have been reviewed and approved for
signature.
�-n
Ali l
ELAINE LA G�'tAFO 1 Doe
U.S. Forest Service Grants Man gement Specialist
Burden Statement
According to the Paperwork Reduction Act of '996, an agency may not conduct or sponsor, and a persor is not required to respond 10 a collection of information unless it
displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is
estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of irformalion.
The L.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color national origin, age, disability: and where
applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require altemative means for communication of
program Informatior (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center al 202-720-2600 (voice and TDD).
To file a complaint of thscriminaton, write USDA, Director, Office of Civi, Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call loll free (866) 632-9992
(voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider
and employer.
Page 6 of 8
USDA, Forest Service
OMB 0596-0217
FS-I500-15A
EXHIBIT A
Frequency and Use
Pitkin County
Transmit
Receive
USE
TX Tone
Rx Tone Remarks
153.8150
155.8800
Crystal
179.9
136.5
CRYSTAL Repeater
159.4650
151.0700
County Fire 1
173.8
173.8
COFIRE1 Repeater
1
159.4650
155.7825 County Fire 2
173.8
173.8
COFIRE2 Repeater
158.7750
153.8450
L_
Aspen Fire
Primary
136.5
114.8
ASP RED Repeater
153.7700
154.4450
Basalt Fire
100.0
100.0
BFD CRN Repeater
153.8900
154.3850
Snowmass Fire 162.2
162.2
SFD Repeater
155.160
155.160
PC SAR
simplex
154.770
155.535
PC AJAX
100.0
100.0
repeater
155.850 151.235
PC Red Mtn.
186.2
100.0
repeater
—i
Equipment (Repeater) location(s): Pitkin County to provide the following:
Name
Longitude
Page 7 of 8
Latitude Elevation
USDA, Forest Service
OMB 0596-0217
FS-1500-15A
Note 1: Frequencies will be used for official use only, and are authorized for use in Mobile and Portable
Radios. Official use is defined as any joint operation (as deECribed in sect's III and IV) between the U.S.
Forest Service and Pitkin County.
Note 2: Federal frequencies were converted to narrow -band capability (12.5khz operations) on
12/31/2004 for VIIF and converted to narrow -band capability for UHF on 12/31/2008. All cooperative
agencies utilizing federal frequencies must operate in the 12.5khz bandwidth on designated channels as
identified by the U.S. Forest Service.
Note 3: The frequency data contained in this agreement is Sensitive but Unclassified (SBU) and is
not releasable under the Freedom of Information Act.
Page 8of8
Name
Crystal
County Fire 1
County Fire 1
County Fire 1
County Fire 2
County Fire 2
Aspen Fire Red
Basalt Fire Crown
Snowmass Fire
Ajax Up
Ajax Down
Red Mtn Up
Red Mtn Down
Exhibit Af
Longitude
107-12-32.2 W
106-48-49.6 W
107-22-48.2 W
107-01-45.7 W
106-42-28.0 W
106-42-28.0 W
106-48-49.6 W
107-16-09.2 W
106-55-34.2 W
106-49-20.1 W
107-22-48.2 W
106-48-49.6 W
107-22-48.2 W
Latitude
39-23--0.1 N
39-13-15.4 N
39-25-29.9 N
39-21-55.6 N
39-21-45.0 N
39-21-45.0 N
39-13-15.4 N
39-21-09.9 N
39-10-07.0 W
39-9-13.0 N
39-25-29.9 N
39-13-15.4 N
39-25-29.9 N
Elevation
(Meters)
1,881.0
3,170.1
3,226.0
2,020.0
2,443.3
2,443.3
3,170.1
2,592.0
3,459.0
3,383.0
3,226.0
3,170.1
3,226.0