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EAGLE COUNTY 800 N RADIO SYSTE ARED USER ?NSE AGREEMENT
This License Agreement is made and entered into this 1st day of
July
2000 , by and between Eagle County, Colorado, hereinafter referred to as "The County" and
Eagle County school District __, hereinafter referred to as the
"Shared-User."
RECITALS:
WHEREAS, Eagle County, Colorado owns and maintains a 800 MHz Smart Zone franked radio
system, referred to as the "800 MHz System," that is managed by the Sheriff ("System
Manager") and is licensed by the Federal Communications Commission (FCC); and
WHEREAS, County is willing to allow non-public-safety public or quasi-public organizations
("Shared Users") to use the 800 MHz System; and
WHEREAS, the Shared -User is a public or quasi-public organization and wishes to utilize the
800 MHz system in the conduct of its business.
NOW, IN CONSIDERATION OF THE PREMISES AND THE COVENANTS CONTAINED
HEREIN, IT IS AGREED BY THE PARTIES:
ARTICLE I
THE 800 MHz SYSTEM
The 800 MHz System is a radio communications system which allows Shared 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-receiver 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 meteorological 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 primarily for use of public safety agencies, and County is entering into
agreements for such agencies to use the system.
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
direct control of the County, shall not constitute a breach of this Agreement and the County shall
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not be liable for any injui' lamages or losses of any nature what er resulting, directly or
indirectly, from such failure, impairment, delay or interruption.
By entering into this Agreement, Shared User accepts the 800 MHz System as it presently exists
and subject to the foregoing limitations.
ARTICLE II
CONDITIONS FOR USAGE
Shared Users may use the 800 MHz System for the conduct of their respective official business
and must comply with FCC Regulations and the policies and rules established by the Sheriff.
Only Eagle County owned receiving and transmitting equipment may be installed at the County
tower sites and facilities, provided that Shared Users may negotiate for the addition of repeaters
to the system. Such repeaters may be owned by the requesting Shared User or may be purchased
by it for the benefit of the County. Negotiations for additional repeaters will address, at a
minimum, the technical specifications, acceptable vendors, security issues, priority access levels,
system partitioning requests and costs for installation, service and maintenance, removal of
equipment upon termination from the system, and fees.
Only radio equipment approved by the County as to function and minimum characteristics may
be used on the 800 MHz System, as outlined under Smart Zone compatible criteria set forth in
Attachment B.
Within 30 days after the effective date of this Agreement, the Shared-User will
coordinate a time with the System Manager to design fleet/group maps and to assist in
programming radio equipment.
Each Shared-User will designate a representative who has the authority to implement the
provisions of this Agreement and to serve as the point of contact with the System Manager. Each
Shared-User is requested to send a knowledgeable representative to user group meetings and to
represent its needs and interest.
The County will provide user training for the Parties' 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 will be permitted to use the system without said training.
All programming of radios and any other equipment used by Shared User on the 800 MHz
system (whether to initiate the use or to terminate its use on the system) must be performed by
Motorola or other service provider specified by the System Manager.
In the SmartZone environment, it is possible for a Shared 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.
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After initial installation, sh~ald any interference result from the Sha..,.i User's operation of this
equipment the County may order corrective measures -including discontinuing equipment, uses
and activities causing the interference - to be taken immediately and interference eliminated
within two (2) days of giving notice. The Shared 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.
Shared User may not loan, issue or assign any radios on a permanent or temporary basis to any
outside person or organization without a written authorization by the System Manager.
Radio programming security requires that no radio service software 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 software releases. Shared 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.
Radio software is confidential. Talk group decimaVhexadecimal ID's and template information
provided for the template design process also is considered confidential information. Shared
User shall not disclose any radio software information to anyone without the County's
permission. If Shared User makes an unauthorized disclosure of confidential information, the
County may terminate this Agreement.
ARTICLE II
COUNTY OBLIGATIONS
County grants to the Shared User anon-exclusive license to use the radio frequencies assigned to
the Sheriff by the FCC, and to use the 800 MHz System backbone infrastructure for voice and
data communications in the conduct of its business.
County is responsible for the costs of operating the 800 MHz System's backbone infrastructure,
consisting of repeaters and ancillary equipment operating as a wide area 800 MHz Smart Zone
radio system, subject to the limitations elsewhere herein set forth.
County shall limit the number of radios accessing the 800 MHz System to approximately 50
non-public-safety users units per repeater.
County will sponsor a user group comprised of Shared Users. Such a user group will be advisory
in nature and will be chaired by the Sheriff. Meetings will be held at least two (2) times a year
and may be held more frequently when deemed necessary by the Sheriff or when a majority of
the user group membership requests a meeting.
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ARTICLE III
FEES
Shared User is responsible for the costs of acquisition, programming, installation, and
maintenance of the Shared-User's radio equipment that will be utilized to communicate on the
Radio System.
Any special services or functions of the Radio System that are received only by the Shared-User
will be at the cost of the user. Should several users desire the same special services, costs may
be apportioned between them in a manner agreed to by them and the County.
The fee charged per year during the first year period for each radio accessing the Radio
System (non-emergency service radios only) will be $ 250:00. A one-time impact fee
will also be charged, initially $_20,000.OQ
The Shared-User may add radios at any time during the term of this License
Agreement and will be charged fees accordingly.
ARTICLE IV
TERM AND 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.
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 Shared 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
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Agreement shall terminate ctive that date.
ARTICLE V
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 parry arising solely out of the 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 VII
RADIO SYSTEM SERVICES:
In addition to usage of the Radio System infrastructure for communications, between authorized
users of the Shared-User, the County agrees to allow the Shared-User to use the radio system for
agreed-upon communications with other organizations also using the Radio System.
The Shared-User acknowledges and agrees that the Board will not provide dispatching services
to the Shared-User, but will allow an emergency access channel to the Sheriff's Communications
unit for emergency situations in which telephone 911 service is not available.
ARTICLE VIII
MISCELLANEOUS
This License Agreement shall be construed by the laws of the State of Colorado and the
obligations of both parties are subject to the terms of the FCC license for the Radio System
regulations now and hereinafter enacted.
This License Agreement may be amended by supplemental writing mutually agreed upon
and signed by the parties hereto.
The waiver by any party hereto of a breach of any of the provisions of this License
agreement shall not operate or be construed as a waiver of any subsequent breach by either
P~Y•
All agreements, covenants and clauses contained herein are severable, and in the event any
of them shall be deemed or held to be unconstitutional, invalid or unenforceable agreements,
clauses and covenants were not contained herein.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed
in duplicate and made effective the day and year first above written.
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AGREED AND ACCEPT
@ ° ~`.•.°
SHARED USER: .~.f~° o ~~~ ' ~ ~ ~'~ °' ~ }:.- ~'" ' ~---~-~-
COUNTY OF EAGLE, STATE OF
• COLORADO, By and Through Its
ATTEST: ®t F~cee~c BOARD OF COUNTY COMMISSIONERS
v
N '~'
~- Cp~O O
Clerk to the Bo d of To C. Stone l
County Commissioners Chairman ~ ~ ~ ~ ( C
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