HomeMy WebLinkAboutbocc.packet.10222014 - City of Aspen IGA Fiber OpticsAGENDA ITEM SUMMARY
REGULAR MEETING DATE: October 22nd, 2014
AGENDA ITEM TITLE: An Intergovernmental Agreement with the City of Aspen for the
Purpose of Sharing a License for Fiber Optics Cable.
STAFF RESPONSIBLE: Ryan Keith
ISSUE STATEMENT: Shall the Board of County Commissioners approve an Intergovernmental
Agreement with the City of Aspen for the purpose of sharing a license for fiber optics cable.
BACKGROUND: The County is separating network services from the City of Aspen but needs to
continue to use the fiber optic cable that connects all County facilities.
LINK TO STRATEGIC PLAN: Improved community engagement and participation.
KEY DISCUSSION ITEMS: Staff will be in attendance at the meeting to answer any questions.
BUDGETARY IMPACT: $42,777 / yearly for two years.
RECOMMENDED BOCC ACTION: Approve the resolution on first reading and set for a
second reading on November 5`h, 2014.
ATTACHMENTS: Resolution and Intergovernmental Agreement.
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AUTHORIZING THE BOARD TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
ASPEN FOR THE PURPOSE OF SHARING A LICENSE FOR
FIBER OPTICS CABLE
RESOLUTION NO. , 2014
Recitals:
1. The Board of County Commissioners of Pitkin County ("The County") under the
authority granted pursuant to C.R.S. Section 29-1-201 and Article XIV, Section 10 of
the Colorado Constitution is hereby entering into an Intergovernmental Agreement
with the City of Aspen ("The City").
2. The City is the owner of dark fiber optic cable that runs through the City in and
over lands owned, leased or otherwise controlled by the City including State highway
right of way; and,
3. The County desires to use strands of available dark fiber optic cable for its own
purposes and uses; and,
4. The parties wish to enter into this agreement to allow the County to utilize these
dark fiber optic strands.
5. The Board of County Commissioners has determined that it is in the best interest of
the citizens of the County to enter into this Agreement.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it
does hereby approve the Intergovernmental Agreement between Pitkin County and the
City of Aspen and authorizes the Chair to sign an agreement in substantially the form
attached as Exhibit A, as approved by the County Attorney.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE
DAY OF 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON
2014.
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 2014.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY on the DAY OF
, 2014
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE ( www.aspenpitkin.com) ON THE DAY OF 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By By:
Jeanette Jones Robert A. Inner, Jr. Chair
Deputy County Clerk
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely, County Attorney Jon Peacock, County Manager
FIBER OPTICS LICENSE
This License Agreement made and entered into this day of , 2014, by and
between the CITY OF ASPEN, (hereinafter referred to as "ASPEN") and the BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, State of Colorado (hereinafter referred to as the
"COUNTY") concerns and specifies the following:
WHEREAS, ASPEN is the owner of dark fiber optic cable that runs through the City of Aspen in and over lands
owned, leased or otherwise controlled by ASPEN including State highway right of way; and,
WHEREAS, the COUNTY desires to use strands of available dark fiber optic cable for its own
purposes and uses; and,
WHEREAS, the parties wish to enter into this agreement to allow the COUNTY to utilize these dark
fiber optic strands.
NOW, THEREFORE, in consideration of the mutual agreement hereinafter contained ASPEN and
the COUNTY covenant and agrees as follows:
1. License. ASPEN hereby grants an irrevocable license, for the term of this license, to the
COUNTY for dark fiber optic cable and associated services in order to interconnect the
following COUNTY facilities:
1. County Data Center
2. County Jail
3. County Courthouse
4. County Plaza Building
5. Library
6. Health and Human Services
7. Public Works
8. Airport
2. Initial Configuration: The initial fiber configuration would include connectivity
to all COUNTY facilities listed above utilizing the ASPEN Metro Fiber Network (Metro)
and the shared Campus Fiber Network that requires connection through City Hall or
other ASPEN facility (Campus). See Exhibit A — Initial COUNTY Configuration Map
• Metro — The license allows use of one functioning fiber pair per facility hop.
• Campus — The license allows use of up to 50% of the available fiber pairs as needed
and can be accommodated through ASPEN facilities.
3. Term. The license provided herein shall be for a term of two years commencing on January
1, 2015 and ending on December 31, 2016. The parties by mutual agreement may extend
the term of this license on such terms and conditions as are deemed appropriate.
4. Payment. The COUNTY shall pay to the ASPEN for the license provided the sum of $42,777
per year. Such sum shall be due and payable on a quarterly basis (@ $10,695). Such sum shall be
due at the start of each quarter for each year of the license. If payment is not received by the end
of thirty days from the beginning of the quarter, such non-payment shall be considered a breach of
the license agreement and the agreement shall be terminable by ASPEN.
5. Termination. This license is granted for a specific use and within a specified term. However,
prior to the end of the term, this license may be terminated by COUNTY only, at their discretion,
upon one year's written notice to the other party. Payments made up to the time of cancellation will
not be returned to the COUNTY. ASPEN reserves the right to terminate this license agreement
based upon breaches of agreement including:
• Failure to make payment,
• Misuse and destruction of ASPEN equipment and facilities,
• Unauthorized access or connection to the ASPEN network
6. Reservation of rights of ASPEN. ASPEN reserves the right to use the ASPEN -owned
fiber optics network for its own purposes with the caveats that:
• for any change of use, ASPEN informs the COUNTY of the planned changes(s),
• for any change of use that has the potential to impact COUNTY service, that
ASPEN informs the COUNTY and works with COUNTY to plan the change and
mitigate any impacts to COUNTY service.
7. Services provided by ASPEN. The following services shall be provided by ASPEN
pursuant to this license:
• Fiber System Audit - ASPEN Staff will identify, label, and diagram current
configuration. Staff will identify, label, and diagram a separate fiber network for
COUNTY.
• Network Implementation Collaboration — ASPEN Staff will collaborate with COUNTY
network architect to explore options, determine fiber topology, test feasibility, locate
conduits, and determine equipment and space requirements.
• Fiber System Maintenance — ASPEN Staff will take primary responsibility for the
maintenance of the ASPEN fiber network including:
o Utility Marking — Mark and/or coordinate the marking of all external fiber
infrastructure not directly located on COUNTY property and used solely for
COUNTY services,
o System Monitoring — Monitor all equipment and network distribution facilities
that are part of the fiber infrastructure,
o Troubleshooting — Diagnose connectivity and performance issues,
o Problem Remedy — Repair/replacement of ASPEN owned equipment, utilization
of spare fiber optic strands when necessary, and coordination of all external
vendor repair activities,
o Documentation — ASPEN will diagram all components of the fiber system and
identify responsible party for all components. Within data centers and network
distribution facilities all equipment will be labeled. All spare fibers and
equipment will be inventoried.
o Termination Equipment — any equipment or components that are required to
terminate ASPEN fiber at a COUNTY location that houses only COUNTY
equipment and provides no services to the ASPEN,
o Customer Collaboration — Collaboration with COUNTY including:
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■ Mutually Funded Infrastructure — For these components, ASPEN will
provide the same level of service as provided to the ASPEN Fiber
network. Costs will be shared for mutually agreed upon capital
improvements or repairs where ASPEN is determined to be not at fault for
the damage. Any reconfiguration of fiber infrastructure for COUNTY
benefit will be fully funded by the COUNTY and mutually agreed upon by
both ASPEN and COUNTY. Components include:
• Castle Creek
• ASPEN/COUNTY Campus Fiber
• System Status Communication — Reporting of any conditions impacting
the performance of their fiber network including system alerts, problem
diagnoses, estimated repair windows, and maintenance activities,
• Shared Locations — Network equipment installation (as needed by either
organization), fiber termination and patch through (as needed by either
organization), monitoring, troubleshooting, enabling reasonable access
and the reporting of planned or unplanned activities at these locations:
• Fire Stations
• Health and Human Services
• Plaza
• County Courthouse
• Streets
• Rio Grande
• City Hall
• Campus Vaults and Splice/Termination Network Distribution
Facilities
■ Consultation — Consultation with COUNTY Technology Staff and their
consultants regarding any system improvements or expansion.
8. Services and components not provided by ASPEN as part of this lease:
• Network Design — COUNTY is responsible for the design of their network and the
feasibility testing of their design,
• Network Equipment — COUNTY is responsible for the specification, acquisition,
installation, configuration, testing, and maintenance of any network equipment required
to implement their design.
• COUNTY Infrastructure — COUNTY will take primary responsibility for any
infrastructure at COUNTY locations that is used solely for COUNTY services and not
part of the ASPEN metro fiber system or shared campus fiber network with the exception
of any equipment required to terminate ASPEN fiber at COUNTY locations. This
responsibility includes but is not limited to:
o utility marking,
o system monitoring,
o troubleshooting and problem remedy,
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o hvac equipment maintenance and repair,
o network equipment maintenance and repair,
o Power conditioning equipment maintenance and repair,
o and network distribution facility maintenance.
This infrastructure currently includes (but may not be limited to):
o Airport network distribution facility
o AOC network distribution facility
o Airport to AOC fiber
o AOC to AOC fuel station fiber
o Public Works network distribution facility
o Fleet network distribution facility
o Fleet to Fleet fuel station fiber
o Landfill network distribution facility
o Landfill crew building network distribution facility
o Landfill main building to Landfill crew building fiber
o County Data Center to County Courthouse fiber
o Jail to Rio Grande fiber
o Health and Human Services to Senior Center fiber
In the event of any disruption of service, the COUNTY shall contact ASPEN. Upon receipt of
such notice, ASPEN shall endeavor to correct such disruption of service to the COUNTY as it
would correct such disruption of service to the ASPEN. However, ASPEN does not guarantee or
warrant any particular level of service.
9. Compliance with Law. This license is subject to all state laws, the provisions of the Charter
of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City
of Aspen now in effect or those which may hereafter is adopted.
10. Non -exclusivity. Nothing herein shall be construed so as to prevent ASPEN from granting
such additional licenses for the use of the fiber optics cable provided that additional licenses do
not interfere with COUNTY use.
11. Notices. All written notices required to be given shall be deemed given upon hand delivery
or email to the person or entity to whom directed at its address shown herein, or at such other
address as shall be given by notice pursuant to this paragraph. Copies of such notices shall be
directed to the following addresses:
TO CITY OF ASPEN:
IT Director
130 S. Galena St.
Aspen, CO 81612
Fax No. (970) 920-5119
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With a copy to:
Aspen City Attorney
130 South Galena Street
Aspen, Colorado 81611
Fax No. (970) 920-5119
TO PITKIN COUNTY:
IT Director
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
With copy to:
County Attomey
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
IN WITNESS WHEREOF, the parties executed this agreement at Aspen, Colorado, the day and year
first written.
COUNTY:
County of Pitkin, State of Colorado:
By:
Title:
CITY:
City of Aspen:
By:
Title:
5
130 S. Galena St.
Aspen, CO 81612
Fax No. (970) 920-5119
With a copy to:
Aspen City Attorney
130 South Galena Street
Aspen, Colorado 81611
Fax No. (970) 920-5119
TO PITKIN COUNTY:
IT Director
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
With copy to:
County Attorney
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
IN WITNESS WHEREOF, the parties executed this agreement at Aspen, Colorado, the day and
year first written.
COUNTY:
County of Pitkin, State of Colorado:
By:
Title:
CITY:
City of Aspen:
By:
5
Title:
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