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Home My WebLink Aboutbocc.res.032.2013 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: t*0 tuition. Ito. O S 2 - apt 3 1. Section 2.8.3.1 of the Pitkin County Home Rule Charter gives the Board of County Commissioners thereinafter"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 0"-- 4 , 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE.( www.aspenpitkin.com )ON THE /074-DAY OF 4/(— 2013. ADOP D AFTER FINAL READING AND PUBLIC.HEARIN. A.2 G ON THE � `e DAY OF J'f` 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY S–3p - gp/ 3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE ( wwwaspenpitkin.com) ON THE ,3O - DAY OF )91 a. 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS 1 I 1� A i 2 it /CV/ / . BY j: By: 1�.�?e c(,t". C/\ .Je rette Jones George Ne a1 Chair Deputy County Cler ! l J Date: 6/4R-411 APPROVED AS TO FORM: MANAGER APPROVAL John E Attorney Jon Peacock, L. unty Manager, 2 2 Lt3 tSDA.Fares:Servae ... ohm uta,nm ''�� a ' iA-Ica FS Agreement Ma 13-MI2-11021500-022 Ageement No _ PitAin County_ MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE FREQUENCY USE Between The PITKIN COUNTY And The USDA,FOREST SERVICE WHITE RIVER NATIONAL FOREST This MEMORANDUM OF UNDERSTANDINNG(MOU) is hereby made and entered into by and between Pickin County, hereinafter referred to as "firkin 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 III.PITKIN COUNTY SHALL: A Determine the dispatch and management procedures to be used for Paton 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 �tjt �} DS1M.Pores:Sauce --. —..— osioiaw�,mn FS 1F-0A I V.THE U.S. FOREST SERVICE SHALL: 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 US 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 Pnkin County's frequencies for official use when required for testing, maintenance, employee rued 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 4 SBII)and is not releasable under the Freedom of Information Act. V. LT IS MUTUALLY UNDERSTOOD ANTI 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 foi operational use between the U.S. Forest Service and Pnkin 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 tins MOU. D. Equipment shall he 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 lntcrrauonal Radio Advisory Committee (IRAQ) regulations, E. Each party is authonzed to operate their equipment for test purposes, maintenance,reliability checks and operational use. Page 2 of P I ` a USDA.Fo:en Servucc Oms05164217 I'S 15q0-15A 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 Lost 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- Federal ddressFederal Communications Commission 1270 Fairfield Road Gettysburg, PA 17325 G PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters [elated to this agreement. Principal Cooperator Contacts: Cooperator Program Contact 1, Cooperator Administrative Contact Name:Tom Grady, Emergency Manager t Name: Bruce Romero, PC Center Director Address 506 E Main Street Address. 506 E. Main Street City,State. Zip: Aspen CO, 81611 City, State, Zip- Aspen CO. 81611 Telephone: 970-920-5234 Telephone: 970-920-5310 FAX- 970-920-5198 FAX: 970-920-5198 Email: Tom.Grady@pitkinshenffcom Email bruce.romero@pitkin911.ore Principal U.S. Forest Service Contacts: U.S. Forest Service Program Manager I U.S. Forest Service Administrative Contact Contact Name: Larry Anderson, Safety Specialist f Name: Elaine Langstaff Address: 900 Grand Ave Address- 900 Grand Ave City. State, Zip: Glenwood Springs CO 81601 City, State, Zip: Glenwood Springs CO 81601 Telephone: 970-945-3293 Telephone' 970-945-3224 FAX: 970-945-3286 FAX: 970-945-3211 Email Icanderson@fs.fed.us Email- elan_staff@fs.fed.us 1I 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 13F>A.Eoi est Sentcc OMA 054,-,°311 1 me its and debarring official of the t mired 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 L 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 bye mail or fax, as follows. To the 17S. Forest Service Program Manager,at the address specified in the MOU To Pitkin County Communications ,at Pakin 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. 3. PARTICIPATION IN SIMILAR ACTIVITIES. This Molt in no way restricts the U.S. Forest Service or Pitkin County from participating in similar activities with other public or private agencies,organisations, and Individuals. K ENDORSEMENT. Any of Pitkin County's contributions made under thus MOU do not by direct reference or implication convey U S, Forest Service endorsement of Pitkin County's products or activities. L NONBINDING .AGREIiMENT. 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 m a separate, coordinated, and mutually beneficial manner to meet the purposes(s)of this MOL. 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 MOL'does not provide that authority. Negotiation.execution,and administration of these agreements must comply with all applicable law Each party operates under as own laws, regulations,and policies, subject to the availability of appropriated funds. Nothing in this MOP is intended to alter, limit, or expand the agencies' statutory and regulatory authority. M FREEDOM OF INFORMA'I ION ACT(FOIA), Public access to MOU or agreement records must not, he limited,except when such records must he 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(EU) 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;orb)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 Page 4 of 8 ER USCI Forest Server _-_ Ow as%4:I7 1 of 1541]I5A 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 0 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 entenng 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 US 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. COMMENCEMENTIEXPIRATION 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 ex ted this MOU ad of the last date written below. ,, a ' ��f>�✓�l/�- gar 192,141014•14‘ 6444 G C/ • 5130 BI(1TCE ROMERO,CENTER ECTOR Date Pitkin7ounty SCOTT G FITZWILLI' IS.FOREST Date SUPERVISOR 11.5 Forest Service, ite %Iver National Forest Page 5 of S /GMSI — I!SDA,rOi[s: S[rmc —_.— Uaiu IMAM,IS ri The authority and format of this agreement have been revteued and approved for signature. FLAINE LANGSTAFF\ I\ Date t'.S. Forest Service Grants Management Specialist risers sisersit-t AaurCeg to tie Papeiwock Fledctcn Acv of 199h an agency may nef cadet'or spot sof,and a peon s ro'ren:ned to respond to a co edwNl of inkr'nawn unless n dayapa a•aul Oat arta rerber. The vad O+m arac4naaxlet Sas Ho.mita°seaan s 3e960217. The:ire reg!.:reC t eonmve4 l's raY-ralaulac4Wwsions ea%wated a auarage 3 Mauls per response.segxlrg the tore Sn rcalevxg iraninors,aearcltlrg exxrrg Cala sources antenna a and nartanlrg try seta needed,and compenna and levo ng the CSOIIOn of mlormafon The US DepaMreal:f Agaturae r,USDA)proitlts tharman®tion in al As reaccama and a_tmucs of the Gans al face,man, 'store:crgm,age.sashay.aro where applicable,sox,trental stars,inter aW a,parental star a,rehglan,sexual anw glbn,yerefe etormabon,polka'berets,wear or G@GaLse all or pail al an pairtidLars M1prtC5 oerwed lam any'WIC aS 'as$ace (#O(ax pmealee bte2 appy b all ptogrynai a awes rah dsabtms*la reuse al:agna.ie raves xRm+rt,cS et prpgmmmbIrVi o;Bra e,alga pin'. a otape,eaisnaA1 contact USDA's TARGET Conte a:S)2 anon{yam and TDO; To he a uaraplaing of dacrvanatan,wne USDA,Drzeclor.Oats of CAA Ra,ICC lydcp r eree Avenue.SW,Wasrargton.DC 7r1 pita ICI n sato toll free(Mal 532 9192 (aslocei TOO users an anal LSDA assist'Ma raayw to Feae'ut teay ar circa ettrx35 ODD{N 06)3771%42 icalal vane) I.iSOA s an anal op4ortumry pones aldermnfr Page 6 of 8 (1Y$ USDA Forest Savin, OIT 05$0}1 V FS-NIX-is; EXHIBIT A Frequency and Use Pitkin County t Transmit ' Receive - USE ' TX Tone I Rx Tone 1 Remarks 153.8150 155.8800 Crystal 179 9 136.5 CRYSTAL Repeater 159.4650 151 0700 County Fire 1 173 8 _ 173.8 COFIREI Repeater _1 159.4650 155.7825 CounnFire 2 173 8 173 8 COFIRE2 Repeater 158.7750 153.8450 ( Aspen Fire 136 5 114.8 ASP RED Repeater IPrimary _ 153.7700 154.4450 I Basalt Fire 1 100.0 100,0 I BED CRN Repeater [ 153.8900 154.3850 Snowmass Fire 162.2 1622 I SED Repeater 155.160 155160 I PCSAR simplex -- y 154770 155.535 - PC AJAX 1000 100.0 «repeater 1155850 ' 151235 I PC Red Min 1812 1000 repeater 1 – ' --- ---I-- - 1 Equipment(Repeater)location(s): Pitkin County to provide the following: Name Longitude Latitude Elevation t______Vt" be- 5 \\\ ___to„ __ ____ Page 7 of 8 is USDA,FORM Swat_—_ num mats ay F51”)-13A Note 1: Frequencies will be used for official use only,and are authorized for use in Mobile and Portable Radius. Official use is defined as any joint operation(as deFCn'bcd in sea's W 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 12/312009 for VHF and converted to narrow-band capability for Ill W no 12/31/2008. All cooperative agencies utilizing federal frequencies must operate in the 12.5khz bandwidth on designated channels as identified by the US.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 An. Page 8 of 8 Exhibit Al Elevation Name Longitude Latitude (Meters) Crystal 107-12-32.2 W 39-23-0.1 N 1,881.0 County Fire 1 106-48-49.6 W 39-13-15.4 N 3,170 1 County Fire 1 107-22-48.2 W 39-25-29.9 N 3,226.0 County Fire 1 107-01-45.7 W 39-21-556 N 2,020.0 County Fire 2 106-42-28.0 W 39-21-45.0 N 2,443 3 County Are 2 106-42-28.0 W 39-21-45.0 N 2,4433 Aspen Fire Red 10648-49.6 W 39-13-15.4 N 3,170 1 Basalt Fire Crown 107-16-09.2 W 39-21-D9.9 N 2,592 0 Snowmass Fire 106-55-34.2 W 39-10-07.0 W 3,459.0 Ajax Up 106-49-20.1 W 39-9-13.0 N 3,3830 Ajax Down 107-22-48.2 W 39-25-29.9 N 3,226.0 Red Mtn Up 106-48-09.6 W 39-13-15A N 3,170.1 Red Mtn Down 107-22-48.2 W 39-25-29.9 N 3,226.0 USDA.M ev soviet omit ismer i F.>1.'LC:`.A Note 1: Frequencies will be used for oftickel use only, and are authorized for use m Mobile and Portable Radios. Official use is defined as any joint operation (as deE,Cnbed in sect's III and 1V)between the U.S. Forest Service and Pitkin County. Note 2: Federal frequencies were converted to narrow-hand e apabdity(12.5khz operations) on $2/31/2004 for VHF and converted to narrow-band capability for UHF on 12/33/2008. All cooperative agencies utilizing federal frequencies must operate m the 12 Skhz 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 (SBC)and is not releasable under the Freedom of Information Act. Page 8of R RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS(BOCC)OF PITKIN COUNTY COLORADO,APPROVING A MEMORANDUM OF UNDERSTANDING (MOLT)BETWEEN PITION. COUNTY AND THE USDA,FOREST SERVICE,WHITE RIVER NATIONAL FOREST SERVICE FOR COOPERATIVE FREQUENCY USE n2S o It tiost. ,to 012 a sets RECITALS: I. 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`MOL")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.S-Q__ , 2013 NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE( ripe itkin com)ON THE /QDAY OF ✓/ 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 52 i DAY of { (2013. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY S- 3o - ap/3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COI NTY WEBSITE(wxvw.aspent)nkin.com )ON THE 30 DAY OF y})a.f., 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS 1 / d I n ,�; J p , By al i,i :AI By: 1 '..Jw"� - J etre Jones Geor;� Ne Chair Dry County Ger; //�j (�J �t� Date: ��./� j APPROVED AS TO FORM: MANAGER APPROVAL a John , rni Attorney Jon Peacock, ¶unty Manager i 7. 2