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HomeMy WebLinkAboutbocc.con.309.19 - BOCCCONTRACT ( 44-&-, kV -d ) RECITALS RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PITKIN COUNTY AND THE STATE OF COLORADO GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY (OIT) PUBLIC SAFETY COMMUNICATIONS NETWORK (PSCN) FOR SHARED COMMUNICATION SITES IN THE STATE OF COLORADO RESOLUTION NO. 61,1' , 2019 WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter ("HRC") official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and WHERAS, The digital trunked radio (DTR) voice communication system infrastructure and equipment currently owned by Pitkin County is operated as part of the State of Colorado's Public Safety DTR system. WHEREAS, The State of Colorado, Governor's Office of Information Technology (OIT), Public Safety Communications Network (PSCN) operates and maintains the State's 800 MHz (DTR) network including equipment upgrades, installation, programming and optimization. WHEREAS, The Public Safety Communications Network has local technicians that are specifically trained in maintenance of equipment in the DTR system and have the capacity to accept the maintenance, operations, upgrades and replacement DTR equipment located at the Hunter Creek, Loge, Snowmass Village and Williams communication sites and has expressed a desire to do so. WHEREAS, 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 enhances the performance of public safety communications. WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN PITKIN COUNTY AND THE STATE OF COLORADO GOVERNOR'S OFFICE OF INFORMATION TECHNOLOGY (OIT) PUBLIC SAFETY COMMUNICATIONS NETWORK (PSCN) FOR SHARED COMMUNICATION SITES IN THE STATE OF COLORADO as attached hereto as Exhibit "A" 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. INTRODUCED AND FIRST READ ON THE DAY OF�1-e-kc b v , 2019 AND SET FOR SECOND READING AND PUBLIC HEARING4ONH—E'S DAY OF � 2019. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF, y;- , 2019. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL, PITKIN COUNTY WEBSITE (www.pitkincount .com ) ON THE 1 � -'7— DAY OF r 2019. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF y 2019. PUBLISHED BY TITLE AND SHORT SUMMARY, A TE ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF (u' r , 2019. POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincount .com ) ON THE lb -c —DAY OF 2019. ATTEST: Jones County Clerk APPROVED AS TO. -FORM: �Jo1in Ely, C ttorney BOARD OF COUNTY COMMISSIONERS By: chman, Chair Date: 4 MANAGER APPROVAL Jon P cock, County nager CONTRACT # 061 - MEMORANDUM of UNDERSTANDING BETWEEN PITKIN COUNTY And the STATE of COLORADO GOVERNOR'S OFFICE of INFORMATION TECHNOLOGY (OIT) PUBLIC SAFETY COMMUNICATIONS NETWORK (PSCN) For SHARED COMMUNICATION SITES IN THE STATE of COLORADO 1. THIS MEMORANDUM of UNDERSTANDING ("MOU") is entered into this22—"`day of , 2019, by and among Pitkin County, Colorado, located at 530 E. Main St, Suite 302, Aspen, Colorado 81611, and hereinafter referred to as the "County", and the State of Colorado, Governor's Office of Information Technology, Public Safety Communications Network, 601 E. 181' Avenue, Suite 6100, Denver, Colorado 80203 ("State"), and jointly referred to as the "Pa rties". 2. PURPOSE County and State have entered into this MOU to effectuate the transfer of ownership of, and responsibility for, some assets owned by the County and to share building and tower space for the assets located at: a) "Hunter Creek", located at 39124.46"N 106''48'44.67"W, Pitkin County, Colorado; b) "Loge", located at 39 8'31.04"N 106"52'24.90"W, Pitkin County, Colorado; c) "Snowmass Village", located at 39`12'41.45"N 106-56'50.52"W, Pitkin County, Colorado; d) "Williams", located at 39' 14'51.OT'N 106 55'14.72"W, Pitkin County, Colorado; hereinafter referred to individually as the 'Site' and collectively as the 'Sites' Furthermore, the County and the State wish to establish a framework for allowing the State to co -locate communications equipment at tower sites leased or owned by the County at the Sites, and to share in the use of the equipment identified and defined in the attached Exhibit(s) for purposes of support and delivery of public safety communications and supporting C44,5 ZIZ,TZ microwave connectivity through the state digital trunked radio (QTR) system in the County. 3. AUTHORITIES Colorado Revised Statute, Part 5 of Article 37.5 of Title 24. 4. STATEMENT OF MUTUAL INTERESTS AND BENEFITS The Parties acknowledge that each has provided good and adequate consideration for this. MOU through the sharing of these telecommunication facilities and services provided by the Parties in an effort to reduce costs and enhance communications performance. The County has approached the State with a request to divest itself of the ownership of, responsibility for, and interest in, the equipment defined in the attached Exhibits and currently located at the Sites, unto the State and at no cost to the State. The State has agreed to receive ownership of, responsibility for, and all interest in, the equipment described in the Exhibits, and currently located at the Sites. 5. DEFINITIONS A. E ui ment refers to the DTR5 assets described in the Exhibits, including, but not limited to, all equipment related to voice, data, routers, radio base stations, repeaters, and antenna systems. B. Transfer refers to transfer of ownership, responsibility for, and interest in the equipment listed in the Exhibits from the County to the State. b. AFFIRMATION OF TITLE: County affirms that: A. It possesses the equipment described in the attached Exhibits. 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 County's knowledge, the equipment has not been imported or exported into or from any country contrary to its laws. Z 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 the attached Exhibits. 7. The County shall establish and provide the following, as needed: A. Transfer title and ownership of at( equipment listed in attached Exhibits to the State, at no cost to the State. The County shall cooperate with the State to transfer such ownership including completing, signing and filing any necessary paperwork to effectuate the transfer. B. Sharing tower space and building space with the State at the Sites in concurrence and alignment with the County lease(s), permit(s), easement(s), rights) -of -way for use of the Site(s), commencing on the date of the last signature on this MOU. The State shall not be required to make any payment, cash or otherwise; to the County or to the property owner/s for continued use of the building space and tower space; as identified in this MOU in the attached Exhibits. C. In the event the County terminates, or otherwise allows any lease, permit, right-of-way, easement, etc. to expire at a Site(s), the State reserves the unconditional right to remove all state owned assets and equipment from the site(s). D. Provide electrical power to the equipment at the Sites at no cost to the State. E. Perform routine preventive maintenance on HVAC systems at the Sites, where applicable. The electronic equipment contained within the Sites is sensitive and vulnerable to extreme temperatures. Expeditious response to reported temperature atarm/s at the Sites is required for the protection and preservation of the equipment, and ultimately the protection and preservation of life and property. F. Provide a backup power generator and maintain an adequate supply of generator fuel at no cost to the State. 8. THE STATE SHALL: A. After the equipment listed in the attached Exhibits becomes the property of the State, the State will accept full responsibility for the insurance, licensing, operation, monitoring, maintenance, labor, repair, upgrade, and 3 replacement of the equipment for its useful life, as determined by the State. B. The State shalt provide casualty and property coverage of the equipment upon receipt of ownership. State obligation to provide said casualty and property coverage to the equipment may be satisfied through self-insurance as allowed by CRS 24-30-1502(4.5). C. Upon request of the County, provide a list of personnel authorized by the State to access the Sites. D. Upon request of the County, provide an inventory of State owned equipment at the Sites. E. Allow the County to continue use of the equipment for its own public safety communication needs at the Sites. 9. 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 the County or any Colorado State jurisdiction may require separate instruments between the affected parties. A. To the extent legally possible and within the legal control of the County, the State shall have access to the Sites for maintenance and repair purposed at all times, twenty-four hours a day, 365 days a year, weather and safety permitting. 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 Sites. D. When activity by the Parties would require the disruption of service 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 wilt manage frequencies assigned to them. In accordance with FCC (Federal Communications Commission), NTIA (National ur Telecommunications & Information Administration), and agency regulations, an interagency radio frequency agreement may be required for frequencies jointly used. F. When necessary, both parties shall establish and coordinate security guidelines to follow when accessing facilities. G. Radio frequency interference caused or created by radio equipment owned, operated or maintained by either Party, or permitted tenant, at the tower Site(s) shall be considered an immediate threat to public safety and shall be immediately resolved by the interfering Party, or tenant. All costs associated with the identification of radio frequency interference shall be borne by the interfering Party or tenant. Should harmful interference occur to either party's equipment, the County and State will work together to identify the source of interference. If the State equipment is determined to be the cause of interference, the State shall correct the problem and pay aU costs associated with the remedy. If the County equipment is determined to be the cause of the interference, the County shall correct the problem and pay all costs associated with the remedy. 10. SPECIAL. TERMS AND CONDITIONS A. Irreconcilable disputes wilt be resolved through joint decisions by the County Commissioners for County and the Manager of the Public Safety Communications Network for the State of Colorado. Should resolution to any dispute go unresolved, such dispute may be submitted to an alternative dispute resolution or other manner as agreed between the parties. 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. 11. , 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. S 12 B. State access to and permitted presence on the tower(s) and building(s) at the Site(s) shat( be authorized through the County lease(s), permit(s), easement(s), right(s)-of-way, etc. and shall remain in force in concurrence and alignment with said lease(s), permit(s), easement(s), right(s)-of-way, etc. commencing on the date of the last signature on this MOU, The State shall not be required to make any payment, cash or otherwise, to the County or to the property owner/s for continued use of the building space and tower space; as identified in this MOU in the attached Exhibits. C. This agreement may be modified (renegotiated, extended, or renewed) at the request of either party and such modification must be in writing duty executed by both parties. If this MOU lapses with no action taken by either party the terms may continue without modification for a period of up to three (3) years. During the lapse period, this MOU may be renewed or extended as if it had not lapsed. D. The State is responsible for keeping an accurate inventory of equipment maintained by the State at the site. E. Any change to the tower, tower space, building or building space as defined in the attached Exhibits 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 notice to the State and signed by both Parties. TECHNICAL CONTACTS: (Contact information can be changed by written notice to the other party.) County Contacts: Jeff Goelz Radio Technician .. __. __... r I "" .._ 'Jeff Knieger Communications Site Maier Pitkin County Pitkin Coil -- 351 Southside Dr. Basalt, CO 81621 351 Southside Dr„ Basalt, CO. 81621 970....677 __.__. eff. oelz /a' itkin9l t or w -a... 8 _.�;P__..____ �. _.-- _ - + µ,47O-429 b114 - _ __. ___.__.__..._—_ _i Jeff.kru�er(apitkmcoun�com _- State Contacts: Govemor s Office of Infomsation Public Safe Communications Netwo __- . .. - Attention: PSCN Mangier 601 E 18'� St Suite B100, Denver, CO Governor's Office of [nfomta—ti on Technology _ ___ ._ _. Public Safety Communications Network Attention PSCN Engineer ^ _ 601 B 18 Ave,eSuite B100 Denver, CO 80203 — 80203 (303) 764-7967 __.. -- (303) 86.62244 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 PITKIN COUNTY, COLORADO By: Greg Poschman Title: CHAIR Signature J Q � Date: STATE OF COLORADO Jared S. Polis, GOVERNOR Governor's Office of Information Technology Theresa M. Szczurek, Ph.D., Chief Information Officer and Exe five Director J BY: _..__.._.nFina _.__ _.... Laura Calder, Interim Chial Officer WA David McCurdy, Chief Technology Officer Date: , to Z2 Exhibit A HUNTER CREEK SITE PITKIN COUNTY At the Hunter Creek Site the E ui ment referred to in this aigreement consists of the following: SITE 1 EQUIPMENT MAKE _ MODELy SERIAL # RX CMU Bird (TXRXjBase 428E -831-01-c110 i 204805-A__ RX TTA _ — UPS Router/ GGM8000 _ _ --- SDM 3000 i Bird (TXRX} Top 428E -831-01-T — ' Eaton 5PX1500RT Motorola GGM8000 206214-A -- G09OF45083 147CSF1691 Motorola F4544A_ 469SSEOOOZ TR 8000 ESS (1 -rack — 5 channel GTR 8000 ESS Motorola T7054A 712CSF0740 0 -rack — 5 channel) Motorola T7054A 112CSF0742 At the hunter Creek Site the County Shall: 1. Maintain all land, real estate, property, and/or facility teases, permits, rights of way, easements, etc., where applicable. Provide written notice to all land or property owners of the States presence, and requirement for continued presence at the Site. Obtain written authorization from at( land owners for the State to be granted access and maintain a presence at the Sites under the County lease, permit, out grant, right of way, easement, etc. 2. Provide space on the tower for installation of State DTRS linear antennas. 3. Provide space in the equipment building for all necessary State radio equipment as agreed upon by both parties. The equipment wilt include two 7 foot racks for DTR equipment, each rack with a footprint of 20" by 20 W'. 4. Maintain the tower and building at the Site to industry standards. Site must meet or exceed the grounding requirements in the 'Standard and Guidelines for Communications Sites' defined as Motorola Publication R56, 5. Provide routine preventive maintenance of the air conditioning equipment. 6. Provide electric utilities to power and sustain the equipment at the site. 7. Maintain its own radios and associated equipment. 8. Maintain an adequate supply of fuel in support of the backup power generator, as detailed in paragraph 7{F} above. M Exhibit A (cont At the Hunter Creek site the State Shall: 7. Assume ownership of and full responsibility for DTRS voice communications equipment. Z. License, operate, maintain, monitor and manage State owned radios and associated equipment, including all DTRS voice communications equipment. 3. Provide DTRS voice communications capabilities through the Hunter Creek site for Pitkin County public safety. The County is responsible for providing its own end user radio subscriber equipment. 4. In the event the County terminates, or otherwise allows the lease, permit, out grant, rights of way, easements, etc. to lapse or expire, the State reserves the unconditional right to remove all state owned assets and equipment from the site. A -Z Exhibit 8 LOGE PEAK SITE PITKIN COUNTY At the Loge Peak Site the Equipment referred to in this agreement consists of the following: SITE %EQUIPMENT MAKE T MODEL � SERIAL # RX CMU . } Bird (TXRX) Base 428E -831-01-M110 a Router/ GGM$000 __ Motorola _ GGM8000 147CSF16 SW 3000 GTR 8000 ESS'(1 rack - 5 channel) Motorola Motorola F4544A T7054A 4695SJ00' 112CSF07 GTR 8000 ESS (1 rack - 5 channel) _..._ _ _ . , Motorola T7054A _. � 112CSF07 At the t e Peak Site the County Shall: 1. Maintain at( land, real estate, property, and/or facility leases, permits, rights of way, easements, etc., where applicable. Provide written notice to all land or property owners of the States presence, and requirement for continued presence at the Site. Obtain written authorization from all land owners for the State to be granted access and maintain a presence at the Sites under the County lease, permit, out grant, right of way, easement, etc. 2. Provide space on the tower for installation of State DTRS linear antennas. 3. Provide space in the equipment building for all necessary State radio equipment as agreed upon by both parties. The equipment will include two 7 foot racks for DTR equipment, each rack with a footprint of 20" by 20 %:". 4. Maintain the tower and building at the Site to industry standards. Site must meet or exceed the grounding requirements in the 'Standard and Guidelines for Communications Sites' defined as Motorola Publication R56. 5. Provide routine preventive maintenance of the air conditioning equipment. 6. Provide electric utilities to power and sustain the equipment at the site. 7. Maintain its own radios and associated equipment. 8. Maintain an adequate supply of fuel in support of the backup power generator, as detailed paragraph 7(F) above. Q—t Exhibit B (cont) At the Loge Peak site the State Shall: 1. Assume ownership of and full responsibility for DTRS voice communications equipment. 2. License, operate, maintain, monitor and manage State owned radios and associated equipment, including all DTRS voice communications equipment. 3. Provide DTRS voice communications capabilities through the Loge Peak site for Pitkin County public safety. The County is responsible for providing its own end user radio subscriber equipment. 4. In the event the County terminates, or otherwise allows the lease, permit, out grant, rights of way, easements, etc to lapse or expire, the State reserves the unconditional right to remove all state owned assets and equipment from the site. 1i- z Exhibit C SNOWMASS VILLAGE SITE PITKIN COUNTY At the Sn_owmass Village Site the Equipment referred to in this agreement consists of the following: Si7E / EgUlPNeN7 (iAKA) base 415E -81.01-M110 204430-A Bird _ . (TXRX) --'-'1428E-8 _ 31 -01 -T 20b2t6-A. , E iTR 8000 ESS (1 rack 4 channel) t Motorola _ T7054A _ 12CSf0754 JR 8000 ESS (1 rack - 44 channel) Motorola T7054A 112CSF0758 At the Snowmass..)iltage Site the County Shall - 1. Maintain all land, real estate, property, and/or facility leases, permits, rights of way, easements, etc., where applicable. Provide written notice to all land or property owners of the States presence, and requirement for continued presence at the Site. Obtain written authorization from all land owners for the State to be granted access and maintain a presence at the Sites under the County (ease, permit, out grant, right of way, easement, etc. 2. Provide space on the tower for installation of State DTRS linear antennas. 3. Provide space in the equipment building for all necessary State radio equipment as agreed upon by both parties. The equipment will include two 7 foot racks for DTR equipment, each rack with a footprint of 20" by 20 1/4". 4. Maintain the tower and building at the Site to industry standards. Site must meet or exceed the grounding requirements in the 'Standard and Guidelines for Communications Sites' defined as Motorola Publication R56. 5. Provide routine preventive maintenance of the air conditioning equipment. 6. Provide electric utilities to power and sustain the equipment at the site. 7. Maintain its own radios and associated equipment. 8. Maintain an adequate supply of fuel in support of the backup power generator, as detailed in paragraph 7(F) above. G—i Exhibit C (cont) At the Snowmass Village site the State Shall: 1. Assume ownership of and full responsibility for DTRS voice communications equipment. 2. License, operate, maintain, monitor and manage State owned radios and associated equipment, including all DTRS voice communications equipment. 3. Provide DTRS voice communications capabilities through the Snowmass Village site for Pitkin County public safety. The County is responsible for providing its own end user radio subscriber equipment. 4. In the event the County terminates, or otherwise allows the lease, permit, out grant, rights of way, easements, etc to lapse or expire, the State reserves the unconditional right to remove all state owned assets and equipment from the site. %1?a•-nG.�...G c ✓f Fac 1-,4 G.—Z Exhibit D WILLIAMS SITE PITIQN COUNTY At the Wilitfams Site, the Equipment referred to in this agreement consists of the following At the Williams Site the Count Shall 1. Maintain all land, real estate, property, and/or facility leases, permits, rights of way, easements, etc., where applicable. Provide written notice to all land or property owners of the States presence, and requirement for continued presence at the Site. Obtain written authorization from all land owners for the State to be granted access and maintain a presence at the Sites under the County lease, permit, out grant, right of way, easement, etc. 2. Provide space on the tower for installation of State DTRS linear antennas. 3. Provide space In the equipment building for all necessary State radio equipment as agreed upon by both parties. The equipment will include two 7 foot racks for DTR equipment, each rack with a footprint of 20" by 20 Vx". 4. Maintain the tower and building at the Site to industry standards. Site must meet or exceed the grounding requirements in the 'Standard and Guidelines for Communications Sites' defined as Motorola Publication R56. 5. Provide routine preventive maintenance of the air conditioning equipment. 6. Provide electric utilities to power and sustain the equipment at the site. 7. Maintain its own radios and associated equipment, 8. Maintain an adequate supply of fuet in support of the backup power generator, as detailed in paragraph 7(F) above. Exhibit D (cont) At the Williams site the State Shall: 1. Assume ownership of and full responsibility for DTRS voice communications equipment. 2. License, operate, maintain, monitor and manage State owned radios and associated equipment, including all DTRS voice communications equipment. 3. Provide DTRS voice communications capabilities through the Williams site for Pitkin County public safety. The County is responsible for providing its own end user radio subscriber equipment. 4. in the event the County terminates, or otherwise allows the lease, permit, out grant, rights of Way, easements, etc to lapse or expire, the State reserves the unconditional right to remove all state owned assets and equipment from the site. Y 01 C)-2