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HomeMy WebLinkAboutbocc.res.036.2015 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO ADOPTING A COLORADO WIRELESS INTEROPERABILITY NETWORK (CWIN) MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF COLORADO AND PITKIN COUNTY FOR TRANSFER OF DIGITAL TRUNKED RADIO (DTR) AND MICROWAVE EQUIPMENT OWNED AND LOCA IED AT AJAX COMMUNICATION SITE RESOLUTION NO. � 2015 1. The Colorado Wireless Interoperability Network(CWIN) refers to the State of Colorado, Department of Local Affairs (DOLA) initiative that provided funding for local governments to apply for digital trunked radio (DTR) site infrastructure and equipment whereby Pitkin County received funding for equipment at Ajax Communication Site in 2010. The existing DTR and microwave equipment is reaching its useful life and is no longer supported by the manufacturer. 2. The State of Colorado, Governor's Office of Information Technology, Public Safety Communications Network operates and maintains the State's 800 MHz (DTR)network including equipment upgrades, installation,programming and optimization. 3. Pitkin County Board of County Commissioners acknowledge that sharing the telecommunications facilities and services with the State of Colorado Public Safety Network substantially reduce costs for both parties and enhance communications performance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado to approve and authorize the Chair to sign the Memorandum of Understanding with the State of Colorado for transfer of digital trunked radio (DTR) and microwave equipment owned and located at Ajax Communication Site. INTRODUC , FIRST READ,AND SET FOR PUBLIC HEARING ON THE I5--1) DAY OF 2015. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTIO PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 304) DAY OF ori / , 2015. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL ITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE. DAY OF 2015. ADOPTED A TER FINAL READING AND PUBLIC HEARING ON THE .,�, DAY OF r/ 2015. PUBLISHED BY TITLE AND SHORT SUMMARY,AF ER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF z, , 2015. 3 POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com) ON THE..9._ -DAY OF 2015. AT _ T: BOARD OF COUNTY COMMISSIONERS 0 , 1 if By: St-A„tr. I—. (JAW Je: , ette Jones / Steven F. Child, Chair D-,.uty County Cler1 Date: S -21____4225— APPROVED AS TO FORM: MANAGER APPROVAL -..„....--- / --7f— John E , -ou - orney Jon Peacock, County Manager 4 � T 1/y/4 CONTRACT#2-17-X0/5 CWIN MEMORANDUM OF UNDERSTANDING between Pitkin County and the State of Colorado Governor's Office of Information Technology, (OIT) Public Safety Communications Network THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of the g.-7 day of Ci , 2015, by and among Pitkin County, Colorado, hereinafter referred to as "Loc Government" and the State Of Colorado, Governor's Office of Information Technology, Communication Services, 601 E 18th Ave, Suite 250, Denver, CO 80203,hereinafter referred to as the "State", and jointly referred to as the "Parties". II. PURPOSE Local Government and the State have entered into this MOU for the State to share building and tower space ("tower") for CWIN Digital Trunked Radio ("DTR") & microwave equipment ("equipment") owned and located at the Local Government"site at T1OS, R84W, Section 30, 6t P.M. (39 09 11.45N; -106 49 14.87W) in Pitkin County, Colorado, herein referred to as the Ajax Mountain site; and the sharing of other resources necessary for the support of both Parties' systems. III. AUTHORITIES Colorado Revised Statute,Part 5 of Article 37.5 of Title 24. IV. STATEMENT OF MUTUAL INTERESTS,BENEFITS AND CONSIDERATION The parties acknowledge that sharing telecommunications facilities and services may substantially reduce costs and enhance communications performance. V. DEFINITIONS A. CWIN DTR(Digital Trunk Radio) &Microwave Equipment refers to CWIN voice, data, channel banks, routers, hubs, bridges, radio base stations, repeaters, microwave networks, microwave batteries, chargers and antenna systems obtained through the CWIN grant process and listed on Attachment A. B. Transfer refers to transfer of ownership of the equipment listed in Attachment A from the Local Government to the State. C. CWIN refers to the DoLA (Department of Local Affairs) Colorado Wireless Page 1 of 8 5 Site Name: Ajax Interoperability Network initiative making grant funds available thereby allowing local governments to apply for new DTR site infrastructure equipment. VI. AFFIRMATION OF TITLE: Local Government affirms that: • A. It owns and possesses the equipment described in Attachment A, B. It has good and complete right,title, and interest in and to the equipment. C. It has full authority to give, transfer and assign all right, title and interest in and to the equipment. _ D. The equipment is free and clear of all encumbrances and restrictions. E. To the best of the Local Government's knowledge, the equipment has not been imported or exported into or from any country contrary to its laws. F. It has authority to use' the site, including but not limited to any necessary tower, building,right of way access and additional equipment as set out in Attachment B. VII. The Local Government shall establish and provide the following, as needed: A. All Equipment listed in Attachment A has remained the property of Local Government from the acceptance date of 12/13/10 until the release date of 12/13/15. All of the equipment listed in Attachment A shall become the property of the State. The Local Government's title and ownership of the equipment shall automatically transfer to the State. The Local Governmental shall cooperate with the State to transfer such ownership including completing, signing and filing any necessary paperwork to effectuate the transfer. B. Shared tower space and building space with the State at the Ajax Mountain site for a period of 25 years commencing on final signature of this MOU. The State shall not be required to pay any cash payment and the Local Government acknowledges that the State is providing other good and adequate consideration to the Local Government in exchange for the tower space and building space that is identified in this MOU as Attachment B. C. Provide electrical power to the Ajax Mountain Site at no cost to the State. D. Agree to maintain the backup power generator, including fuel replenishment at no cost to the State. Generator fuel should be filled to a minimum level of 70%prior to lack of site access in the winter season to ensure uninterrupted service to public safety first responders using the DTR resources on the Ajax Mountain site. Page 2 of 8 6 E. To the extent authorized by 24-30-1510 (3) (e) CRS, the State shall defend and hold harmless the County for claims arising from alleged negligent acts or omissions of the State, and the State's employees which occur or are alleged to have occurred during the performance of such employees' duties and within the scope of such employees' employment, except for where such acts or omissions by such employees are willful and wanton, and any and all such claims shall be subject to the limitations of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 to 24-10-120 C.R.S., as now or hereafter amended. VIII. THE STATE SHALL: A. The State will provide labor, maintenance, parts and casualty and property coverage on the equipment listed in Attachment A. The State's obligation to provide casualty and property coverage of the equipment may be satisfied through self-insurance as allowed by CRS 24-30-1502(4.5). B. After all of the equipment listed in Attachment A becomes the property of the State, the State will provide maintenance and labor and supply all necessary parts to the equipment for its useful life, as determined by the State. IX. THE JOINT PARTIES MUTUALLY AGREE THAT: This MOU provides for the installation, operation, and maintenance of the DTR network equipment and sharing of technical expertise. In addition, shared facilities and sites established under this MOU,within Local Government or any Colorado State jurisdiction may require separate instruments between the affected parties. • A. The State shall have access to the Ajax Mountain Site for maintenance purposes at all times,twenty-four hours a day, 365 days a year. B. Each Party will be responsible for the operations and maintenance of their own equipment except as otherwise noted in this MOU. C. Each Party will be responsible for conducting good maintenance practices and ensuring good operating procedures at the Site. D. When activity by the Parties would require the disruption of service,the scheduling of the disruption of service must be planned and coordinated to occur outside critical use periods. All affected Parties must be notified 48 hours prior to the planned disruptions of service. In emergency situations, all affected Parties must be notified as soon as possible. E. All Parties will manage frequencies assigned to them. In accordance with FCC (Federal Communications Commission), NTIA (National Telecommunications & Information Administration), and agency regulations, an interagency radio frequency agreement may be required for frequencies jointly used. Page 3 of 8 7 Site Name: Ajax F. When necessary, both parties shall establish schedules to coordinate the installation, modifications, and updates of facilities, networks, and equipment. G. When necessary, both parties shall establish and coordinate security guidelines to follow when accessing facilities. H. When the equipment in Attachment A becomes the property of the State, there will be no charge to the State for the ongoing tower and building space required for hosting the equipment. X. SPECIAL TERMS AND CONDITIONS: A. Irreconcilable disputes will be resolved through joint decisions by the County Commissioners for Local Government and the Manager of Public Safety Communications Network for the State of Colorado. B. This instrument in no way restricts the Parties from participating in similar activities with other public or private agencies, organizations, and individuals. C. NON-FUND OBLIGATING DOCUMENT. This instrument is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds between the Parties to this instrument will be handled in accordance with applicable laws, regulations, and procedures including those for Government procurement and printing. XI. TERMS OF THE MOU A. The term of this MOU is for a period of twenty-five (25) years from the last signature of this document. B. This MOU may be modified (renegotiated, extended, or renewed) at the request of either party and such modification must be in writing duly executed by both parties. If this MOU lapses with no action taken by either party the terms may continue without modification for a period up to of three (3) years. During the lapse period this MOU may be renewed or extended as if it had not lapsed. C. Any change to the tower, tower space, building or building space as defined in Attachment B during the twenty-five (25) year period of this MOU including, but not limited to, replacement of the tower, request to move the equipment on the tower, replacement of the building or request to move the equipment in the building must be preceded by a duly executed written amendment signed by both parties. Page4of8 8 XII. TECHNICAL CONTACTS: (Contact information can be changed by written notice to the other party.) Local Government Contact: Jeff Goelz,Radio Technician John Loyd, Chief Information Officer Pitkin County Pitkin County 485 Rio Grande Place, Aspen, CO.81611 530 E.Main St. 3rd Floor,Aspen, CO. 81611 970-315-2199 970-920-5211 jeff.goelz@pitkin911.org john.loyd@pitkincounty.com State Contacts: Governor's Office of Information Governor's Office of Information Technology Technology Public Safety Communications Network Public Safety Communications Network Attention: PSCN Program Manager Attention: PSCN Manager 601 E 18th St, Ste 250,Denver, CO 80203 601 E 18th Ave, Ste 250,Denver, CO 80203 (303) 764-7980 (303) 764-7967 Page 5 of 8 9 Site Name: Ajax THE PARTIES HERETO HAVE EXECUTED THIS MOU *Persons signing for Parties hereby swear and affirm that they are authorized to act on their behalf and acknowledge that the Parties are relying on their representations to that effect. BOARD OF COUNTY COMMISSIONERS GOVERNOR'S OFFICE OF INFORMATION PITKIN COUNTY,CO_:='7! oNN TECHNOLOGY 6. ...........0 11. Suma Nallapati,Secretary of Technology and State Chief By: Jon Peacock %yam; : Information Officer Title: County Manager i i : SEAL A i * :'* gSteven Sizemore, OIT Contracts Director =P. ttt't1�O OR .. i gid:...--' -41 lip , *Signature I Date: L� J j By: Signature-Authoriz• •IT Representative Ct L_ /Cali V/I?/)0(5— Date: 4 f-i /fs— COLORADO STATE RISK MANAGER By: Title: Signature Date: Page 6 of 8 10 ATTACHMENT A The Equipment referred to in this MOU consists of the followingj 1. Microwave dish(s) connected on the Tower with attached coax or waveguide and ground kits installed at the appropriate locations along with lightning protection devices. 2. One 800Mhz receive antenna located on the Tower with coax attached, a Tower top pre- amp connected to the Tower near the receive antenna, ground kits installed at the appropriate locations along with lightning protection devices. 3. One 800Mhz transmit antenna located under the 800 Mhz receive antenna with coax attached, ground kits installed at the appropriate locations along with lightning protection devices. 4. Two to three seven foot racks of 800Mhz digital trunked radio (DTR) radio and network equipment and microwave transceivers in the building connected to the coax from the antennas and attached to the buildings electrical power, including 5 Quantar repeaters. 5. Microwave batteries, charger and associated power devices. Site Name: Ajax Site Number: 66 Device Model Serial Notes RX Multicoupler 428-83H-01-M 96020-A TxRx TTA TX Combiner WIJDO62-06S E273234-S1 6 channel, 150 khz spacing UPS PW 5125 TA425A0463 Powerware 5125 Router ST2500B 147YHT0076 S2500 Switch HP2610 CN816ZT076 SDM 3000 F4544A 469SJL006K 48/12 Aux I/O Controller 1 T6782 537CHV0086 Controller 2 T6782 537CHV0085 Quantar 1 T5365A 509CHX1817 Quantar 2 T5365A 509CHX1816 Quantar 3 T5365A 509CHX1815 Quantar 4 T5365A 509CHX1814 Quantar 5 T5365A 509CHX1813 2) MDR-8000 MDR-8411-8 (1) ea at Ajax and Crown 2)Transmit Antenna-70321 C SU4-107A (1) ea at Ajax and Crown 2) Receive Antenna—70321 C SU4-107A (1) ea at Ajax and Crown 2) Eltek Rectifiers (1) ea at Ajax and Crown Page 7 of 8 11 Site Name: Ajax ATTACHMENT B Site information including land use, tower space and building space authority consists of the following: 1. Land — United States Department of Agriculture — Forest Service. Communications Use Lease attached 2. Tower—80' self supporting—owned by Pitkin County 3. Building— 10 x 14 frame with a flat peak wood cabin—owned by Pitkin County 4. Generator—Kohler 25REZG (25KW) 2/LP fuel—owned by Pitkin County 5. Right of way access—Access is available via county roads and public lands. Page 8 of 8 12