Loading...
HomeMy WebLinkAbout2010-15 IGA with Eagle County regarding the Use of Eagle County's 800MHZ Wide Area Smartzone Trunked Radio Services RESOLUTION NO. 15 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY REGARDING THE USE OF EAGLE COUNTY'S 800 MHZ WIDE AREA SMARTZONE TRUNKED RADIO SERVICES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, Eagle County (the "County") has installed and maintained an 800 MHz radio system (the "System ") which allows multi jurisdictional agencies to communicate directly with public safety organizations, including but not limited to police activity, code - enforcement, fire, and emergency and disaster response; and WHEREAS, the County is offering non - exclusive access of the System; and WHEREAS, the Town and the County wish to enter into the Intergovernmental Agreement (the "IGA ") formalizing the existing process; and WHEREAS, the Council finds and determines that the non - exclusive access of the System is necessary and will promote the health, safety, morals, and general welfare of the Town; and WHEREAS, the Council's approval of Resolution No. 15, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the County, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 15 day of June, 2010. Richard Cleveland, Town Mayor A ST: T � �orefei Donaldson, • Town Clerk 00 Z �p O' • r Resolution No. 15, Series 2010 ,9 i� �• AGREEMENT FOR USE OF EAGLE COUNTY'S 800 MHz WIDE AREA SMARTZONE TRUNKED RADIO SERVICES THIS AGREEMENT ( "Agreement ") is made and entered into this _ day of , 2010, by and between the County of Eagle, State of Colorado, a body corporate and politic, acting by and through its Board of County Commissioners ( "County ") and ( "User Agency "). RECITALS WHEREAS, Eagle County has installed and maintained an 800 MHz radio system (the "System") and is offering non - exclusive access of the System to other organizations including governments, emergency service responders, and certain other special districts (all of which, together, shall be referred to herein as "User Agencies" as listed in Exhibit A); and WHEREAS, User Agency desires to use the 800 MHz System ( "System ") for intra jurisdiction and inter jurisdiction communications; and WHEREAS, in addition to permitting the User Agency access to the System, User Agency and County desire to establish terms and conditions that will govern the participating organizations use and access to the System; and WHEREAS, additional organizations may be granted access to the System when the Executive Committee determines that such access will be of benefit to the citizens and visitors of Eagle County. These additional organizations shall be referred to as "Cooperating Agencies" and the currently approved Cooperating Agencies are listed in Exhibit A. NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree as follows: ARTICLE I DEFINITIONS 1.1 Cooperating Agency: Agencies who do not use the System as their primary radio system but who do use the system to interoperate with User Agencies. 1.2 Executive Committee: A policy advisory group comprised of a representative from each of the User Agencies. 1.3 Steering Groups: Groups who provide technical and/or policy guidance for operation of the System. See Technical Operations and Executive Committee. 1.4 System Manager: An Eagle County employee, assigned by the Eagle County Manager, to provide day to day management of the System. 1.5 Technical Operations Committee: An advisory committee made up of any representative of agencies or entities who have an interest in the operation of the System. 1 1.6 The System: When the term "the system" is used in this agreement it is referring to the 800Mhz radio infrastructure which includes all radio transmitting and receiving sites and related equipment 1.7 User: Any individual operating radio equipment on the System. 1.8 User Agency: Any agency who is approved to have radio equipment operating on the System and who use it as their primary radio system. ARTICLE II TERM & TERMINATION 2.1 The initial term of this Agreement shall be the date set forth above through December 31, 2010. This Agreement shall automatically renew for one -year periods running from January 1 through December 31 of each consecutive year, unless this Agreement is otherwise terminated in accordance with this Agreement or unless either party gives the other written notice of its election not to renew no later than June 30 of the expiring term. 2.2 At anytime during the term of this Agreement, any party aggrieved of a material breach of this Agreement may serve on the other party a written notice describing the breach. If an attempt to cure the breach is not pursued within 30 days after the delivery of the notice, this Agreement shall automatically terminate. 2.3 Upon termination of this Agreement, the User Agency shall immediately reprogram all of its radios containing County template programming and SmartZone system parameters from its equipment at its sole expense. Such reprogramming must be performed by Motorola or a service provider approved by the System Manager as defined in Article IV of this Agreement. 2.4 For government entities only; notwithstanding anything to the contrary contained in this Agreement, a government entity shall have no obligations under this Agreement after, nor shall any payments be made towards the System in respect of any period after December 31 of this Agreement's current year without an appropriation therefore by the government entity in accordance with a budget adopted in compliance with all or any of the applicable following laws: Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et.seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). ARTICLE III THE 800 MHz SYSTEM 3.1 The System is a radio communications system which allows defined multi jurisdictional User Agencies and Cooperating Agencies to communicate with one another throughout the geographic reach of the system. System communications depend upon antenna/transmitter- receiver sites which the County may lease and/or sublease from other entities. Said aforementioned sites may be subject to leases of real property which may expire or be terminated. In the event of an expiration or termination of a site lease, the System may become limited in its geographic reach in which case the antennas/transmitter- receivers may need to be relocated at the expense of the User Agencies and Eagle County. Furthermore, the System is subject to electromagnetic and meteorological disruption and to electronic and mechanical failure. The County cannot and does not guarantee the operability of the System as a whole or in 2 any part of its geographic reach; however, the County will use its best efforts to maintain the System. 3.2 The County at the County's discretion will from time to time continue to improve the System. The County will seek input from the Steering Groups regarding any recommended improvements. 3.3 The System shall be used exclusively by organizations that conduct operations as, or directly affiliated with, public safety organizations, including but not limited to police activity, code - enforcement, fire, and emergency & disaster response. 3.4 Any failure, impairment, delay, interruption to the use of the System due to an Act of God or due to any other causes beyond the direct control of the County, shall not constitute a breach of this Agreement and the County shall not be liable for any injuries, damages, or losses of any nature whatsoever resulting, directly or indirectly, from such failure, impairment, delay or interruption. 3.5 By entering into this Agreement, User Agency accepts the System AS IS , as it presently exists subject to the foregoing limitations. ARTICLE IV THE 800 MHz SYSTEM STEERING GROUPS 4.1 The County will establish the 800 MHz Executive Committee ( "Executive Committee ") for the purposes of assisting the County in administration of the System. The Executive Committee will consist of one designated representative from each User Agency. Cooperating Agencies will not be represented on the Executive Committee. Each User Agency shall submit the name of their designated representative to the System Manager, who is identified below in this Agreement, by January 31 st of each year. The Executive Committee may elect officers for this committee consisting of a Chair, Vice -Chair and Secretary. The County Finance Director, or his designee, shall serve as an advisor to the Executive Committee. The Executive Committee shall meet at least once per year to ratify the following year's budget recommendation to be made to the Eagle County Board of County Commissioners, and at other times at the request of the Executive Committee Chair, Board of Eagle County Commissioners, or in accordance with such bylaws as it may adopt. 4.2 The Eagle County Board of County Commissioners shall make all final budget decisions related to the Eagle County 800 MHz system. The System Manager will present a proposed budget to the Executive Committee no later than June 15` of each year. 4.3 The Executive Committee shall also be responsible for coordinating with all User Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen expenses. 4.4 There will be an 800 MHz Technical Operations Committee ( "Tech Ops Committee ") for the purposes of assisting the System Manager in planning for the multi jurisdictional operation of the System. The Tech Ops Committee will consist of representatives from the User Agencies and the Cooperating Agencies. The Tech Ops representatives shall elect positions for this group consisting of a Chair, Vice -Chair and Secretary. The Tech Ops Committee shall meet periodically in accordance with such bylaws as it may adopt, and subject to any request made by 3 the System Manager, the Executive Committee Chair, or the Board of County Commissioners. 4.5 The Executive Committee and Tech Ops Committee are advisory boards to the Eagle County Board of County Commissioners, and are not independent legal entities. ARTICLE V RADIO SYSTEM FEES 5.1 The Executive Committee will annually review the operating cost of the system and recommend the system budget to the Board of County Commissioners. User fees will then be determined for the following calendar year based upon the formula approved by the User Agencies in December of 2009, which formula is attached hereto as Exhibit `B" and incorporated herein by this reference. Recognizing that the costs and revenues from operation of the System must be incorporated into the annual County budget, and the annual budgets of all User Agencies, the Executive Committee will make its budget recommendation to the Eagle County Finance Director and all User Agencies by July 15th of each year, or as soon thereafter as is practicable. 5.2 Invoices will be delivered on or about March 15` of each year with the payment due by April 30' of each year. Invoices not paid by May 15` will be charged interest at a rate of 1.5% monthly (18% A.P.R.) . Failure to remit payment within 90 days of the invoice date will be construed as a material breach of this agreement. ARTICLE VI SYSTEM COORDINATION 6.1 A "System Manager" shall be an Eagle County employee and shall be appointed by the Eagle County Manager. 6.2 The System Manager will take recommendations from the radio system Tech Ops Committee and will supervise and/or coordinate all work performed on the System. 6.3 Each User Agency shall designate a "Radio Coordinator" who will serve as the point of contact between the User Agencies and System Manager. A designation of the Radio Coordinator shall be made by notice in writing to the System Manager, and may be changed at User Agency's discretion by written notice to the System Manager. 6.4 The System Manager is responsible for reviewing and approving template designs for all User Agencies. 6.5 Neither a User Agency nor any employee, representative, agent or volunteer thereof may change talk group names, talk group functions, talk group aliases or any other programming without the recommendation of the Tech Ops Committee and the approval of the System Manager, who shall approve the change unless it will or may disrupt use or management of the System. 4 6.6 Only persons approved by the System Manger will be allowed to program a User Agency's radios and other equipment. ARTICLE VII EQUIPMENT 7.1 No equipment may be installed at any remote site, including the master site, by any User Agency without the express written consent of the System Manager. User Agencies, through user fees, support the operation and maintenance of remote site equipment. Remote site equipment includes, but is not limited to: antennas, transmission lines, RF repeaters, microwave and land - based transport and multiplexing equipment, power supplies and backup power generation and storage. Also included are the central zone controller, servers and interface equipment at the master site. The cost of maintenance, repair and regularly scheduled replacement of these components is a part of the system budget. It is possible that lightning, wildfire, wind, flooding or other natural events as well as arson, sabotage or other acts of man may cause significant damage to multiple pieces of equipment at a site, or render the entire site inoperable. Should this occur, and replacement cannot be funded from insurance or the general operating budget, an appropriation and special assessment may be requested by the System Manager and ordered by the Executive Committee. 7.2 User Agency is solely responsible for the compatibility of its equipment with the System, even if that equipment has been approved by the System Manager, whose approvals are not intended to and do not constitute a promise or warranty of compatibility. User Agency acknowledges that the System is proprietary technology, and that equipment by other manufacturers (and some Motorola equipment) may not be compatible. User Agency acknowledges that it has familiarized itself with the technical characteristics of the System and of the types of equipment compatible with it. 7.3 All radio units must be approved by the System Manager before they are used on or programmed for use on the System. ARTICLE VIII PROGRAMMING 8.1 Programming requires one radio template for each model of radio and each feature sets in that radio. All patches, permanent or temporary, to conventional (UHFNHF) radio channels must be approved by the System Manager before they become operational, including patches controlled by Public Safety Electronics Banks, 800 MHz Control/Desktop Stations, Mobile and Portable Radios. ARTICLE IX SYSTEM RULES OF USE 9.1 FCC RULES Eagle County holds licenses from FCC for the operation of the System. User Agency and its employees, representatives, agents and volunteers shall comply with the all terms of the license and all federal, state, local laws, and orders and regulations with respect to the User Agency's 5 use of the System. 9.2 SCAN User Agency will use the Radio "SCAN" feature at its own risk. The County is not responsible for loss of radio traffic to the User's radio when using scan and roaming throughout the network. 9.3 DISABLING RADIOS It is possible for a User Agency's radio to "drag" voice traffic to a radio site, thus causing unnecessary power consumption and system loading. The System Manager reserves the right to disable a radio from one or more sites when the System Manager or Technical Operations Committee determines that a radio is having an adverse impact on the radio system. 9.4 INTERFERENCE After initial installation, should any interference result from the User Agency's operation of its equipment the County may order corrective measures which may include deactivating the equipment. Use and activities which are or may be causing the interference shall be deactivated as soon as practical but no longer than two (2) days after being notified by the System Manager. The User Agency shall be responsible and shall assume the cost of corrective measures needed to eliminate the interference to the satisfaction of the System Manager. ARTICLE X SECURITY 10.1 User Agency may not loan, issue or assign any radios on a permanent or temporary basis to any outside person(s) or organization without a written authorization by the System Manager. 10.2 No radio service software ( "RSS ") modifications can be made to the units or central electronics (CEB) consoles without the written approval of the System Manager. These modifications include the System ID number, control channels, connect tones, call alert parameters, secure parameters, emergency channels, as well as options in future RSS software releases not listed herein. User Agency will be responsible and will assume the cost of the corrective measures needed to eliminate System problems due to any unauthorized radio software modifications. ARTICLE XI MISCELLANEOUS 11.1 This Agreement shall be governed and construed in accordance with the laws of Colorado. Venue for any action arising out of any dispute pertaining to this Agreement shall be in the State of Colorado District Court in and for Eagle County, Colorado. 11.2 This Agreement, and the rights and obligations created hereby, shall be binding upon and inure to the benefit of County and User Agency. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or entity other than County or User Agency, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained. 6 11.3 If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provision shall be fully severable and this Agreement shall be construed and enforced as if such invalid provision had never been inserted into this Agreement. 11.4 This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by both County and User Agency. This Agreement represents the full and complete understanding of County and User Agency and supersedes any prior agreements, discussions, negotiations, representations or understandings of County and User Agency with respect to the subject matter contained herein. 11.5 The parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees hereto. 11.6 All of the covenants herein contained shall be binding upon and inure to the benefits of the parties hereto, their respective successors and assigns. 7 COUNTY OF EAGLE, STATE OF COLORADO, by and through its Board of County Commissioners ATTEST: By: Sara J. Fisher, Chairman Clerk to the Board TOWN OF VAIL, by and through its Town Council ATTEST: By: Dick Cleveland, Mayor Town Clerk 18 Exhibit A User Agencies Cooperating Agencies Eagle County Government Basalt & Rural Fire Protection District Eagle County Health Service District Colorado Department of Transportation Eagle County School District Colorado State Patrol Eagle River Fire Protection District Federal Bureau of Investigation Eagle River Water & Sanitation District United States Forest Service Greater Eagle Fire Protection District Vail Resorts Gypsum Fire Protection District Cordillera Public Safety Rock Creek Fire Department Lone Star Security Town of Avon Valagua Metropolitan District Town of Eagle Town of Minturn Town of Vail Vail Valley Medical Center Western Eagle County Ambulance District 21 Exhibit B Radio System Invoicing Formula We have instituting a tiered funding formula for the Eagle County 800MHz system beginning with the 2010 budget year. 1. Funding for the anticipated radio infrastructure maintenance cost of $408,235 will be based on the percentage of radio system usage with the system logs for each talkgroup on a weekly basis. Weekly usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst the agencies who are the users of that dispatch talkgroup based upon their percentage of dispatch center use. 2. Subscriber unit (radios) maintenance will be based each year upon the current cost of the depot service contract. For 2010 the cost is $90 per radio. 3. A contingency fund may be created in later years based upon a capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee 4. A Foundation Fee schedule based upon the user agency's inventory (See Table) ❑ 1— 5 units $500 ❑ 101 -125 units = $26,000 ❑ 6 -10 units $2,000 ❑ 126 -150 units= $34,000 ❑ 11 -25 units $4,000 ❑ 151 -175 units= $40,000 ❑ 26 -50 units $8,000 ❑ 175 -200 units = $46,000 ❑ 51 -75 units = $14,000 ❑ 201+ Units $52,000 ❑ 76 -100 units = $20,000 The user agencies inventory on January 1" will constitute the means for Foundation Fee Calculation. Any agency adding to their inventory during the year will be pro -rated a fee based upon the remaining portion of the year multiplied by the agency's average fee per radio. Agencies will not receive a refund for reducing their inventory. 22