HomeMy WebLinkAboutC01-120 IGA with Minturn Fire Department for 800 MHz Wide Area Smartzone Trunking Radio Services
INTERGOVERNMENTAL AGREEMENT
FOR
800 MHz WIDE AREA SMARTZONE TRUNKING RADIO SERVICES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ~ day of
,~~ ,~.(, , 2000, effective July 1st , 2000 , 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 Minturn Fire Department , a
[municipal corporation, a special district under the laws of Colorado), acting by and through its
("User").
RECITALS
1. Eagle County has begun the installation of a planned multi-phase 800 MHz radio system
project, the successive phases being intended to expand the territorial reach of the system ("800
MHz System"). The completed phases of the 800 MHz System are operating.
2. Eagle County is willing to provide User, and other governments, emergency service
responders (all of which, together, are referred to herein as "Users"), and certain other special
districts, non-exclusive access to the 800 MHz System.
User wants to use the 800 Mhz System for its intrajurisdiction and interjurisdiction
communications.
4. County and User are authorized by Colorado Constitution Art XIV §18(2) and §29-1-201, et
seq., CRS, to enter into this agreement. They want to enter into it to establish the terms and
conditions for User's access to the 800 Mhz System.
NOW THEREFORE, for and in consideration of the promises set forth herein, the parties agree
as follows:
ARTICLE I
TERM & TERMINATION
The initial Term of this Agreement shall commence upon the execution of it by both parties
hereto, and shall continue through the last day of the calendar year in which it is executed. This
Agreement shall be automatically renewed for successive one-year periods, not exceeding four
(4) such renewals, unless it is terminated in accordance with this Article or unless either party
gives the other written notice of its election not to renew not later than June 30 of the expiring
term.
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Any time during the Term of this Agreement, any party aggrieved a material breach of this
Agreement may serve on the other party a written notice describing the breach. If the breach is
not cured within 30 days after the delivery of the notice, this Agreement automatically shall
terminate.
Upon termination of this Agreement, the User 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.
Notwithstanding anything in this Agreement to the contrary, neither party shall have any
obligations under this Agreement with respect to any date or period after the last day of the fiscal
year in which this Agreement commences, except and to the extent the same is provided for by
lawful appropriation in accordance with the applicable governmental budget laws. A party shall
give the other party notice of its failure or other inability to make or obtain appropriations for the
obligations set forth in this Agreement within five (5) business days of adoption of a budget for
the next fiscal year, and of the effective termination date of approved appropriations, and this
Agreement shall terminate effective that date.
ARTICLE II
THE 800 MHz SYSTEM
The 800 Mhz System is a radio communications system which allows Users, or defined
multi jurisdictional Users groups, to communicate with one another throughout the geographic
reach of the system. System communications depend upon antenna/transmitter-receivor sites
with County leases or subleases from others, which are subject to expiration or termination
which may cause the loss of geographic reach of the system as well as the need to relocate
antennas. The 800 Mhz System is subject to electromagnetic and meterorological disruption and
to electronic and mechanical failure. The County cannot and does not guarantee the operability
of the 800 MHz System as a whole or in any particular part or geographic reach, but the County
will use its best efforts to maintain the system.
The County intends to expand the geographic reach of the 800 MHz System, but the County
cannot make a promise about when or even whether it will do so.
The 800 MHz System is expected to be used by public safety agencies and by "Shared Users,"
consisting of public and quasi-public non-public-safety agencies. User's use of the 800 MHz
System hereunder is anon-exclusive use.
Any failure or impairment of the 800 MHz System's facilities or any delay or interruption to the
use of the System due to an Act of God or Force Majeure or due to any other causes beyond the
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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.
By entering into this Agreement, User accepts the 800 MHz System as it presently exists and
subject to the foregoing limitations.
ARTICLE III
THE 800 MHz SYSTEM USER GROUP
County has established the "800 MHz User Group" ("User Group") for the purposes of assisting
the County in administering the multiple jurisdiction use of the 800 MHz System. The User
Group consists of the Eagle County Sheriff and five (5) other representatives from Users and
multi jurisdictional Eagle County dispatch centers selected by the Board of County
Commissioners. The five Users representatives shall serve two-year terms or until their
successors are appointed by the Board of County Commissioners. The Sheriff is the Chairman
of the User Group. The User Group shall meet at the call of the Sheriff or in accordance with
such bylaws as it may adopt.
The User Group is an advisory board to the Eagle County Board of County Commissioners, and
is not an independent legal entity.
The User Group is responsible for developing a budget for the operation of the 800 MHz System.
It will annually review the operating cost of the system and recommend User fees. Recognizing
that the costs and revenues from operation of the 800 MHz System must be incorporated into the
annual County budget, and the annual budgets of all Users, the User Group will make its
recommendation to the Eagle County Sheriff not later than July 15 of each year, or as soon
thereafter is practicable.
The User Group is responsible for reviewing and approving template designs for 800 MHz
System Users.
ARTICLE IV
SYSTEM COORDINATION
The Eagle County Sheriff, or his designee, shall serve as "System Manager."
Each User shall designate a "Trunking Coordinator" who will serve as the single point of contact
between the User and the User Group and/or System Manager. A designation shall be made by
notice in writing to the System Manager, and may be changed at User's discretion by written
notice to the System Manager.
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A User may not change talk group names, talk group functions, talk group alias's or any other
programming without consulting with and obtaining the approval of the System Manager, who
shall approve the change unless he concludes it will or may disrupt 800 MHz System use or
management.
All programming shall be done on User's radios and other equipment by Motorola or other
person approved by the System Manager.
ARTICLE V
EQUIPMENT
County will provide User access to all operating phases of the 800 MHz System for the use of
User's radio units.
Only County or County-approved receiving or transmitting equipment may be installed at the
antenna sites.
User is solely responsible for the compatibility of its equipment with the 800 MHz System, even
if that equipment has been approved by the System Manager, whose approvals axe not intended
to and do not constitute a promise or warranty of compatibility. User acknowledges that the
system was designed and is maintained by Motorola Communications and Electronics, Inc., and
that equipment by other manufacturers (and some Motorola equipment) may not be compatible.
User acknowledges that it has familiarized itself with the technical characteristics of the 800
MHz System and of the types of equipment compatible with it.
All radio units must be approved by the System Manager before they are used on or programmed
for use on the 800 MHz System. The System Manager will approve the radio units if they meet
SmartZone compatibility criteria (as set forth on Attachment B or as changed from time-to-time).
ARTICLE VII
PROGRAMMING
Programming requires one radio template for each model of Motorola SmartZone radio. All
patches, permanent or temporary, to conventional (UHF/VHF) radio chan~Iels 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 VII
SYSTEM RULES OF USE
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FCC RULES. County holds a license from FCC for the operation of the 800 MHz System. User
shall comply with the terms of the license and federal, state and local laws, orders and
regulations with respect to the system's use.
SCAN. User will use the Motorola "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.
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~"DISA aLIN,._~__RADIO. ~ the SmartZone environment, it is possible for a User's radio to "drag"
voice traffic to a radio site, thus causing power consumption and system loading. The System
Manager reserves the right to disable a radio from one or more SmartZone sites should the radios
cause sites to be busy.
After initial installation, should any interference result from the User's operation of this
equipment the County may order corrective measures -including discontinuing equipment, uses
and activities which are or may be causing the interference - to be taken immediately and
interference eliminated within two (2) days of giving notice. The User shall be responsible and
shall assume the cost of the corrective measures needed to eliminate the interference or modify it
to the satisfaction of the System Manager.
ARTICLE VIII
SECURITY
User may not loan, issue or assign any radios on a permanent or temporary basis to any outside
organization without a written authorization by the System Manager.
Radio programming security requires that 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, or any present or future
options in future RSS software releases. Users 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 IX
CONFIDENTIAL INFORMATION
Radio software is confidential. Talk group decimal/hexadecimal ID's and template information
provided for the template design process also is considered confidential information.
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User shall not disclose any radio software information to anyone without the County's
permission. If User makes an unauthorized disclosure of confidential information, the County
may terminate this Agreement.
ARTICLE X
INDEMNIFICATION
To the extent allowed by law, each party to the Agreement will defend, save harmless, and
indemnify the other from any liability to any third party arising solely out of the negligent acts of
its officers, employees or agents in the performance of this Agreement. Nothing herein is
intended to or does waive the provisions of the Governmental Immunity Act.
ARTICLE XI
TRAINING
The County will provide user system training for the User's personnel at a fee to be agreed upon
at the time of training. The success of the 800 MHz System and the safety of personnel depends
upon user training. No User shall be permitted to use the system without the training.
ARTICLE XII
COMPENSATION
MAINTENANCE FEE. User will be charged a yearly maintenance fee to cover the operational
cost of the 800 MHz System, payable by January 31 of each year (or 30 days after
commencement of the original term).
The maintenance fee will not include initial mobile installation, programming, future talk group
or software feature changes to radios, which are the responsibility of each User.
ADDITIONAL FEE FOR MUTUAL AID RADIOS. The County reserves the right to charge
User amonthly/yearly rate for any mutual aid radio that uses the 800 MHz System for User's
primary communications. This includes using a logical patch talk group to bypass User's
conventional radio system.
SURCHARGE. User acknowledges that fees will be determined based on the total predicted use
of the 800 MHz System by all Users (including County). In the event a User drops out of
participation in the system or fails to pay, Users may be assessed an additional fee to cover the
lost revenue.
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ARTICLE XIII
PRICING STRUCTURE -DEFINITIONS.
Tier 1 -Entities are defined as State, County, and Local Municipal Public Safety agencies in
Eagle County.
Tier 2 -Agencies of surrounding counties which are allowed by County to connect to the
SmartZone "brain."
A "Unit" is either a hand held, portable, mobile radio, base station, or other identified unit.
ARTICLE XV
PRICING STRUCTURE -FEES.
The annual fee for the first year of the term of this Agreement (prorated based on a 365-day year)
is as follows::
Tier 1 Users will pay a flat rate of $200.00 per unit, per year.
Tier 2 Users will pay a flat rate of $ per month per port.
The following year's pricing structure for all Users will be determined after an annual review by
the User Group of the actual operating cost incurred during the past year. The operating cost will
need to be re-evaluated every year. The formula to determine the operating cost will be:
Site rental costs, Microwave tower rental, Backbone maintenance,
Wire line lease cost, Equipment repair and replacement cost, and
System Manager.
- Minus -
- Divided by -
- Equals -
Income from impact fees and SmartZone port rentals
Total predicted number of units
Annual Maintenance Fee per unit
ARTICLE XV
NON-ASSIGNMENT
This Agreement is intended to fill a vital element in the provision of public safety services to the
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people of Eagle County. User may not assign, sublease or in any manner convey, in whole or in
part, its rights under this Agreement.
DATED ~ . Z 7 -- ~ o , 2000.
TOWN OF '
Clerk
ATTEST:
Clerk to the Bodrd of
County Commissioners
By:
Mayor
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
!~`~
Tom C. Stone ~, J Z ~ ~ ~ ~
Chairman
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