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HomeMy WebLinkAboutC01-124 IGA with Eagle River Water and San for 800 MHz Trunking Radio Services~.cr~iz~!-~~~ EAGLE COUNTY 8001 ~ RADIO SYSTEM SHARED USER This License Agreement is made and entered into this 1 s t 'ENSE AGREEMENT day of July , 2000 , by and between Eagle County, Colorado, hereinafter referred to as "The County" and Eagle River water ~ sanitation 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, the 800 MHz System is primarily used by government agencies which, among other things, are responsible for providing public safety services to the public; 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 not engaged in providing public safety services to the public 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 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. G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD 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 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, Shared User accepts the 800 MHz System as it presently exists and subject to the foregoing limitations. ARTICLE II CONDITIONS FOR USAGE Shared User may use the 800 MHz System for the conduct of its 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 User may negotiate for the addition of repeaters to the system. Such repeaters may be owned by 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. 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 success of the 800 MHz System and the safety of personnel depends upon user training; therefore, no employee or agent of Shared User shall be permitted to use the system without the training. Shared User is responsible for providing to each of its employees and agents the minimum training specified by the System Manager. The County may provide system training for the Shared User's personnel at a fee to be agreed upon at the time of 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 2 G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD Motorola or other servic _ >vider specified by the System Mana 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 system loading. After initial installation, should any interference result from the Shared 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 Shazed 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. Shazed 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 softwaze 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 softwaze releases. Shared User 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 decimaUhexadecimal ID's and template information provided for the template design process also is considered co~dential 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. 3 G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD County will sponsor a u _roup comprised of Shared Users. Su user group will be advisory in nature and will be chaired by the Sheriff. Meetings will be held at least two (2) times a yeaz and may be held more frequently when deemed necessary by the Sheriff or when a majority of the user group membership requests a meeting. ARTICLE III FEES Shazed User is responsible for the costs of acquisition, programming, installation, and maintenance of the Shazed User's radio equipment that will be utilized to communicate on the Radio System. Any special services or functions of the 800 MHz System that aze received only by the Shared-User will be at the cost of Shazed User. Should several shazed users desire the same special services, costs may be apportioned between them in a manner agreed to by them and the County. The fee chazged per year during the first year period for each radio accessing the Radio System (non-emergency service radios only) will be $ 250.00 _ ~ one-time impact fee will also be chazged, initially $ 15 , Oo0.00for Shared User. 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 yeaz 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 by 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 Shazed User shall immediately reprogram all of its radios containing County template programming and SmartZone system pazameters from its equipment at its sole expense. Such reprogramming must be performed by Motorola or a service provider approved by the System Manager. 4 G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD 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 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 party 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 800 MHz 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 800 MHz System. The Shared User acknowledges and agrees that the County 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 800 MHz 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 either parry hereto of a breach of any of the provisions of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD 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. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: o~ ~`~~~, BOARD OF COUNTY COMMISSIONERS ,~ °e Ul ~ ti ~~ * ~ ` ~, °~oa Clerk to the Board of Tom C. Stone r I I Z ~ C ~ County Commissioners Chairman `T SHARED USER [print name & title] ~' 6 G:\BOBWIP\Sheriffl800 MHZ SHARED USER Aug 21 rev.WPD