HomeMy WebLinkAboutbocc.res.043.2017 CONTRACT#221:10(
RESOI I'TION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY. COLORADO
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE GOVERNORS OFFICE OF INFORMATION TECHNOLOGY.
(01T1 PUBI IC SAFETY COMML"NICAI IONS NEI WORK AND
PITKIN COUNTY
RESOLI TION NO. -14/3 2017
RECITALS:
I. Pursuant to Section 2 8.3 (Actions) of the Pitkin Count Home Rule Charter("HR( "1
official action by formal resolution ,hall he required for all actions of the Boa:d not
requiring ordinance power on matters of significant importance affecting citizens
2 Pitkin County is migrating from its past VI IF public radio system to the statewide Digital
Fronk Radio 300MI lz(I)FR) system.
3. I he State of Colorado. Gowcrror's Office of Information Technology. Public Safety
( ommunications Network operates and maintains the State's DTR now nrk including
equipment upgrades. installation. programming and optimization.
4. I he DI R system has fts c (5) software upgrades scheduled, beginning in third quarter 2017
and wili continue to occur biennially until the final upgrade is completed in 2025
5. DTR system upgrade. perforated across the system provide the greatest benefit and
adc antagc to all system users and are required to ensure continued interoperability and
capability currently offered in the system.
6. I`he State will coordinate with the County to plan and schedule installation of softy arc
updates.
7. Pitkin County Board of County Commissioners acknowledge that sharing the
telecommunications facilities and sen ices with the State of Colorado Public Safety
Network substantially reduce costs fm both parties and enhance communications
pert
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that it hereby adopts a Memorandum of Understanding between the Governor's
Office of Information Technology.(OR)Public Safety Communications Network and Pitkin
County and authorizes the Chair to sign the Resolution and upon the satisfaction of the County
Attorney as to form, execute any other associated documents necessary to complete this matter.
2
INTRODUCED AND FIRST READ ON THE /e/ DAY OF /I•` r� 2017 AND
SET FOR SECOND READING AND PUBLIC HEARING ON THE 9-y DAY OF
y��n 2017.
�r
NOTICE�
UBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESQLIIFION PUBI,ISIIED 1N THE ASPEN TIMES WEEKLY ON THE //'PI' DAY OF
Iy1•1 , 2017.
NW ICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON
THE OFFICIAL PITKIN COUNTY WEBSITE l scxsa.pitl.incoumN.coin ) ON THE j/&.' DAY
OF Ail Cel, 2017.
ALlicgT[D AFTER FINAL READING ANI) PUBLIC HEARING ON THE `?y DAY OF
I2017.
PUBLISIIED BY TITLE AND SHORT SUMM RY. AFTER ADOPTION. IN THE ASPEN
TIMES WEEKLY ON THE /,yf DAY OF U1,1,_ 2017.
POSTED BY 1 ITLE AND SHORT SUMMARY ON/HE OFFICIAL PI1 KIN COUNTY
WIAISITF IsnnVs.pilkincounty cornj ON TILE jj, ll, JAY OF 0 42 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
m1/ n
By ),}Ii/n(. (') /` LW By ..(1 m
�, 7 _ iV� �.
-
Jeanv'tle Jones I Geurge N wm n. Chair
Ilepu+ County Clerk I
Date: 0 5 i
APPROVED AS TO FORM: MAN ER APPROVAL.
-> `
John Ely. nr
Coay orney Jon •ac ck. Count\ Mana r--7. 74,/
3
0.1k-6 ioZ`P43
CONTRACT i7
MEMORANDUM OF UNDERSTANDING
Between
Governor's Office of Information Technology, (Off)
Public Safety Communications Network
And
Pitkin County
1. Memorandum of Understanding (MOU)
This Memorandum of Understanding (MOU) is entered into by and among Pitkin County, 123
Emma Road, Suite 106, Basalt, CO. 81621, hereinafter referred to as the "Receiving Agency"
and the State Of Colorado, Governor's Office of Information Technology, Public Safety
Communications Network, 601 East 18th Avenue, Denver, CO 80203, hereinafter referred to as
the "State", and jointly referred to as the "Parties".
2. Purpose:
This MCI) shalt define the framework for allowing the State and the Receiving Agency to benefit
from State supported and planned upgrades and updates of public safety statewide digital trunked
radio (DTR) system software. This MOU shall specifically address a series of five (5) planned
software upgrades from SR 7.14 through SR 7.25 on equipment owned by the Receiving Party at RF
sites and dispatch centers owned or controlled by the Receiving Party.
The Parties have functionally connected their respective Radio Systems and this MOU documents
the sharing of resources to the mutual benefit of all Parties.
3. Statement of Mutual Interests and Benefits:
The Parties, through cooperation in the DTR system, provide a public safety communications
capability serving state agencies and participating local, regional, Tribal and Federal government
entities. it is in the best interest and for the greater benefit of all users of the DTR system to
improve public safety communications by State, Local, Regional, Tribal and federal Governments
sharing resources and capabilities.
The sharing of communications resources are actions that may substantially reduce costs and
enhance interoperable communications for local, county. state, tribal and federal public safety
providers.
DTR system upgrades and enhancements performed in concert and across the system provide the
greatest benefit and advantage to all DTR system users. As part of its participation in the DTR
system, the State is seeking to improve public safety communications across the state by providing
a series of system wide software upgrades to the shared resources and capabilities. The State has
appropriated and budgeted funds for such DTR system software upgrades, and the State will
proceed with the upgrades regardless of the existence or termination of this MOU.
Maintaining DTR system consistency and stability are critical to the reliable performance of the
system statewide. In order to maintain system software consistency, routine MOTOPATCH
software patches and system security updates provided by Motorola, and downloaded to the
State's Master Zone, will be pushed to all connected DTR system components by the State
engineering staff.
4. Cooperators Agree:
4.1 The installation of DTR system software upgrades on Receiving Agency owned
computer equipment at RF sites and in dispatch centers in no way changes Receiving
Agency ownership or otherwise alters control of Receiving Agency owned
equipment. Receiving Agency reserves the right to refuse the installation of DTR
system software upgrades on Receiving Agency owned equipment at RF sites and in
Receiving Agency dispatch centers. It is understood that by refusing installation of
DTR system software upgrades Receiving Agency risks the loss of public safety
communications interoperabitity, and in some cases operability, capabilities
currently offered by the DTR system. Receiving Agency fully and completely
understands that alt integrated components of the DTR system must operate on the
same System Release software version. Refusal of the installation of this software
upgrade will make any component not receiving the software upgrade's
incompatible with the DTR system. Receiving Agency DTR system components
identified as incompatible with the DTR system will require disconnection from the
Master Zone.
4.2 Unless specifically authorized in this MOU, neither Party, nor their representative
shall adjust, maintain or otherwise touch equipment owned by another without
written agreement to do so prior to adjustment, maintenance or other action taking
place.
4.2.1 Receiving Agency is fully and completely responsible for ensuring its
hardware meets Motorola specifications to remain operational with the new
System Release software. Equipment malfunctions due to software upgrades
provided by the State for this system wide upgrade shall be reported to the
Receiving Agency's authorized Motorola Dealer for service or repair. The
Service Level Agreement (SLA) located in the CCNC Policy and Procedure
Manual (http://www.ccncinc.orgl shall be considered the standard for
service and repair of defective or malfunctioning equipment or software.
4.3 Parties agree to establish and maintain safety and security guidelines for site user
representatives to follow when accessing the sites.
4.4 State shall work in concert with Receiving Agency to plan and schedule installation
of software updates. Every effort will be made to give ample time and opportunity
for Receiving Agency to prepare for the State installation, testing and monitoring of
the new software and equipment.
Receiving Agency understands and expects there will be Limited disruption in service
during the installation of software updates on dispatch console ecuipment and
equipment at RF sites. State and its agents and contractors will make every effort
to limit the disruption in service to the shortest duration possible.
4.5 Receiving Agency grants permission to the State and its authorized employees,
agents, and contractors to enter its associated buildings, easements and rights-of-
way to install, test, and operate the software provided for in Exhibit A to this MOU;
provided that proper advance arrangements are made with the Receiving Agency
owning such buildings, easements and rights-of-way.
4.6 For purposes of this MOU, the State agrees to purchase and provide for the
installation, testing, and monitoring of the DTR system software updates/upgrades
from SR 7.14 to SR 7.25 as defined in the attached Exhibit A.
4.6.1 This MOU is inclusive of installation, testing, and monitoring of DTR system
software updates/upgrades to Receiving Agency expansion
transmitters/repeaters and dispatch console positions acquired during the
full term of the MOU, at no additional cost to the Receiving Agency.
4.7 Receiving Agency agrees that acceptance of the DTR system software upgrade/s
obligates the Receiving Agency to remain an active, connected, and integral partner
of the DTR system for a minimum period of two (2) years from the completion and
acceptance of each software upgrade. Software upgrades are scheduled to
commence during the third quarter of calendar year 2017 and will occur biennially
until the final software upgrade to SR 7.25 is completed in calendar year 2025.
4.7.1 Should the Receiving Agency elect to disconnect or otherwise cease
participation with the DTR system prior to the agreed upon term, Receiving
Agency shall be responsible for reimbursement to the State for an
apportioned cost of the DTR system upgrade cost incurred by the State
during this system-wide upgrade.
4.7.1.1 State investment in this series of five (5) upgrades specifically
provided to Receiving Agency infrastructure is: $414,790.00
4.7.1.2 Apportioned cost shall equate to $ 82,958.00 for each of the
five (5) scheduled software upgrades.
4.8 Motorola MCC7500 console hardware upgrades may be required for continued
operation on one or more of the new system software platforms. It is the full
responsibility. and at the sole expense, of the Receiving Agency to upgrade their
console hardware to be compatible with the new system software prior to each of
the system wide software upgrades.
4.9 Logging recorders not supported by Motorola may require hardware and/or
software upgrades for continued operation on one or more of the new system
software platforms. It is the full responsibility, and at the sole expense, of the
Receiving Agency to upgrade their logging recorder hardware and/or software to be
compatible with the new system software prior to each of the system wide
software upgrades.
5. Term: The term of this MOU shall begin upon final signature on the document and shalt
expire on June 3Q 2025.
5.1 Receiving Agency participation in each of the planned upgrades will be
executed through an Option to Participate Letter of substantially the same
form as the attached Exhibit B. The State shalt provide the Receiving Agency
with the Option Letter required for participation in the scheduled upgrade.
The Option Letter shalt define the software upgrade for which the Receiving
Agency wishes to participate. The Receiving Agency is under no obligation to
participate in any future software upgrades, as defined in Section 4.1 above.
5,2 Scheduled system software upgrades will be published in advance. The State
will contact the Receiving Agency directly with information and details
pertaining to each of the scheduled software upgrades.
6. Insurance:
Each Party shall at its sole cost and expense, obtain insurance or self insure, its inventory,
equipment, and alt other property associated with this equipment against loss resulting from
fire or other casualty.
7. Control and Possession of Systems:
Each Party shall remain in exclusive control and possession of its own telecommunications
system and equipment and this Agreement shall not be construed to grant any Party any
rights of ownership, control, or possession of the other Party's systems or equipment, other
than those which may be specifically set forth herein or in exhibits hereto.
8. Nondedication of Equipment:
The Parties do not intend to dedicate, and nothing in this Agreement shall be construed as
constituting a dedication by any Party of its rights, or equipment, or any part thereof, to the
other Parties or any customer or member of the other Party.
9. Uncontrollable Forces:
No Party shall be considered to be in default in performance of any of its obligations under
this Agreement when a failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force' means any cause beyond the control of the Party affected
including, but not restricted to, failure or threat of failure of facilities, flood, earthquake,
storm, fire, lightning, epidemic, war, not, civil disturbance or disobedience, labor dispute,
labor or material shortage, sabotage, restraint by court order or public authority or action or
non-action by, or failure to obtain the necessary authorizations or approvals from, any
governmental agency or authority, which by exercise of due diligence and foresight such Party
could not reasonably have been expected to avoid and which by exercise of due diligence it
shall be unable to overcome. Nothing contained herein shall be construed to require a Party
to settle any strike or labor dispute in which it is involved. Any Party rendered unable to
fulfill any obligation under this Agreement by reason of uncontrollable force shall give prompt
written notice of such fact to the other Party and shall exercise due diligence to remove such
inability with all reasonable dispatch.
10. Notices.
Any notice, demand or request pursuant to this Agreement herein shall be in writing and shall
be considered properly given when delivered in person, sent by either registered or certified
mail, acknowledged by an email with a delivery and/or read receipt attached, or sent by
national overnight delivery service, postage prepaid addressed to the other Party's principal
offices.
10.1 Notices to the State shall be sent to: State of Colorado, Governor's Office of
Information Technology, Communication Services, 601 East 181'''Avenue, Suite 250,
Denver, CO 80203
10.2 Notices to Receiving Agency shall be sent to: Pitkin County, 123 Emma Road, Suite
106, Basalt, CO. 81621
11. Binding Obligations.
All of the obligations set forth in this Agreement shall bind the Parties and their successors
and assigns, and such obligations shall run with the Parties' rights, titles, interests, and with
all of the interests of each Party to this Agreement.
12. Fund Availability
Financial obligations of the Parties payable after the first fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
13. Future Obligations.
Receiving Agency shall not plan for, or otherwise expect the State to provide future system
wide software upgrades beyond the software upgrade defined in this MOU. State is not
obligated in any way to provide future software upgrades to Receiving Agency DTR system
components.
14. GOVERNMENTAL IMMUNITY.
Both the Receiving Agency and the State are public entities within the meaning of the
Colorado Governmental Immunity Act, CRS 524.10.101 et seq. No term or condition of this
MOU shalt be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions of the Colorado Governmental
Immunity Actor the Federal Tort Claims Act, 28 U.S.C. 881346{b}and 2671, et seq.. as
applicable now or hereafter amended.
THE PARTIES HERETO HAVE EXECUTED THIS MOU
Persons signing for the Parties hereby swear and affirm that they are authorized to act on
their behalf and acknowledge that the Parties are retying on their representations to that
effect.
PITKIN COUNTY GOVERNOR'S OFFICE OF INFORMATION
TECHNOLOGY
Suma Nallapati, Secretary of Technology and
State Chief Information Officer
By2-ice
etwedat.„)
Title: _ L. w _ By: Brenda Berlin Deputy Chief Information
Officer and Chief Financial Officer
Date: 1 t �J _. 1/24/11
Date: _ —
Exhibit A
RECEIVING AGENCY SITES AND DISPATCH CENTERS
At the Receiving Agency Radio Frequency (RF) site and dispatch center the Receiving Agency shall:
1. Assist in coordination with the State Public Safety Communications Network (PSCN) engineers
and technical staff and their associates for the installation of DTR system software upgrades
at Receiving Agency RF sites and facilities.
2. Authorize State PSCN technical staff and their agents and/or associates required access to
Receiving Agency RF sites and facilities for the purpose of installation, testing and monitoring
of software.
3. Receiving Agency remains responsible for locally owned equipment.
4. Receiving Agency agrees to the below cost table.
PITKIN COUNTY
OTR SR 7.14 through SR 7.25 Upgrade Pricing Breakdown _
Per Unit Per Unit I —
per Unit 116 Cost Per 2-
1 Per 2-Yr Qty Full Term Cost
Per Year Year period I year Upgrade
Upgrade 7
Dispatch
4 MCC7500/7100 2,09300 4,18600 20,93000 6 25,116.001 125,580001
' 415 VPM 1,530 00 3,060 00 15,300 00 1 3,060 00 15,300.00
Repeaters' 63700 I 1,27400 6,37000 I 43 I 54,78200 273,91000
iPer Upgrade Cost 82,958.00
(5)Upgrade Full Term Cost 414_790.00
*Repeaters listed in above table are defined as being located at:
Ajax (4)
Aspen Water (10)
Crown (3)
Loge (10)
Snowmass (8)
Williams(8)
At the Receiving Agency RF site and dispatch center the State shall:
1. Make every effort to schedule and make ample notification to Receiving Agency of the date/s
and time/s State and their agents may be expected to be on site to perform the necessary
work to effect the upgrade of the Receiving Agency components of the DTR system.
2. Purchase and provision for all necessary personnel and equipment required for installation,
testing and monitoring of DTR system software upgrades from SR 7.14 through SR 7.25.
3. In order to maintain system software consistency, the State remains wholly responsible for all
software maintenance, including the authorization to push software patches and security
updates to all DTR system components.
Exhibit B
OPTION LETTER _
Lt Date: Original MOU CMS A: Option Letter R 1 CMS Routing p�Oa(`���
-2l -i?' I /Oo28 3 I
1) OPTIONS
Pitkin County Option to Participate only
2) REQUIRED PROVISIONS
In accordance with Section 5.1 of the Original Contract routing number/Jd2B fj between the State
of Colorado,Governor's Office of Information Technology,and Pitkin County("Receiving Agency")
hereby exercises its option to participate in the Statewide Digital Trunked Radio System software
upgrade to Motorola System Release 716 planned for September 2017 and ending December
2017 at a cost/price specified in Exhibit A.
3) Effective Date The effective date of this Option to Participate Letter is upon signature of the
Receiving Agency.
PITKIN COUNTY
414.2}n .
1hie- A
1
Date Q � I�-