HomeMy WebLinkAboutC10-172 Western Eagle County Ambulance District 800 MHz Radio AgreementAGREEMENT
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 ~n ("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 infra 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.
~ _ . ,~
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 31st 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 bean 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
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 maybe 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 V III
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 (UHF/VHF) 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
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
AGREEMENT
FOR USE OF EAGLE COUNTY'S 800 MHz WIDE AREA SMARTZONE TRUNKED
RADIO SERVICES
e,
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 infra 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.
~ ~.r
1.6 The System: When the term "the system" is used in this agreement it is referring to the
SOOMhz 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
Syste and who use it as their primary radio system.
ARTICLE II
TERM 8z TERMWATION
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 Winning from January 1
through December 31 of each consecutive year, unless this Agreement is otherwise terminated
in accoCdance with this Agreement or unless either party gives the other written notice of its
electiozi 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 greement may serve on the other party a written notice describing the breach. If an
attemp to cure the breach is not pursued within 30 days after the delivery of the notice, this
Agree ent 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
providex approved by the System Manager as defined in Article IV of this Agreement.
2.4 F'or government entities only; notwithstanding anything to the contrary contained in this
Agreerr~ent, a government entity shall have no obligations under this Agreement after, nor shall
any paytments be made towards the System in respect of any period after December 31 of this
Agree~ent's current year without an appropriation therefore by the government entity in
accordalnce 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-
receive~ sites which the County may lease and/or sublease from other entities. Said
aforem$ntioned 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 ~ its geographic reach in which case the antennas/transmitter-receivers may need to be
relocateld 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 31st of each year. The Executive Committee may elect officers for
this committee consisting of a Chair, Vice-Chair and Secretary. The County Finance Duector, 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 bean 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 Boazd of County Commissioners.
4.5 The Executive Committee and Tech Ops Committee aze advisory boards to the Eagle
Count} Boazd of County Commissioners, and aze not independent legal entities.
ARTICLE V
RADIO SYSTEM FEES
5.1 The Executive Committee will annually review the operating cost of the system and
reco end the system budget to the Board of County Commissioners. User fees will then be
determ ned for the following calendar year based upon the formula approved by the User
Agenc' s in December of 2009, which formula is attached hereto as Exhibit "B" and
incorp .rated herein by this reference.
Recognizing that the costs and revenues from operation of the System must be incorporated into
the annlual 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 yeaz, or as soon thereafter as is practicable.
monthlN (18% A.P.RJ. 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 4~ounty Manager.
6.2 rThe System Manager will take recommendations from the radio system Tech Ops
Commi~tee 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
contactlbetween the User Agencies and System Manager. A designation of the Radio
Coordinator shall be made by notice in writing to the System Manager, and maybe 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 1\Teither a User Agency nor any employee, representative, agent or volunteer thereof may
change stalk 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 maybe 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 maybe 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 (UHF/VHF) 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 gency will use the Radio "SCAN" feature at its own risk. The County is not responsible
for los of radio traffic to the User's radio when using scan and roaming throughout the network.
9.3 DISABLING RADIOS
It is p Bible for a User Agency's radio to "drag" voice traffic to a radio site, thus causing
unn sary power consumption and system loading. The System Manager reserves the right to
disabl 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 i#utial 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
electro>4ics (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
released 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.
I
~ ARTICLE XI
MISCELLANEOUS
11.1 TThis 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 Skate 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 tm 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 A~ency, any right, remedy or claim under or by reason hereof or by reason of any covenant
or cond tion 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,- o~ terriiinated 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 Boazd of County Commissioners
.~
ATTE T: o`~ ~ c
r `"~-~ ~ ~ * a J. Fisher, Chairman
1(h`i .
A'
the Boazd
WESTERN EAGLE COUNTY AMBULANCE DISTRICT,
by and through its Boazd of D' ec
B
Brian Schofield, ident
20
Exhibit A
User A encies Coo eratin A encies
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
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Exhibit B
Radio System Invoicing Formula
We ha a instituting a tiered funding fonmula for the Eagle County 800MHz system beginning
with th~ 2010 budget year.
1. ~IFunding for the anticipated radio infrastructure maintenance cost of $408,235 will be
ibased 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
epot service contract. For 2010 the cost is $90 per radio.
3. contingency fund may be created in later years based upon a capital assessment added
Ito 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 - units $500 ^ 101-125 units = $26,000
^ 6-1 units $2,000 ^ 126-150 units = $34,000
O 11- 5 units $4,000 ^ 151-175 units = $40,000
^ 26- 0 units $8,000 D 175-200 units = $46,000
^ 51- 5 units = $14,000 ^ 201+ Units $52,000
^ 76- 00 units = $20,000
The user agencies inventory on January ls` will constitute the means for Foundation Fee
Calculakion. Any agency adding to their inventory during the year will be pro-rated a fee based
upon this remaining portion of the year multiplied by the agency's average fee per radio.
Agencies will not receive a refund for reducing their inventory.
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