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ORDINANCE NO. 9115
AN ORDINANCE APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND THE STATE OF COLORADO, GOVERNOR’S
OFFICE OF INFORMATION TECHNOLOGY, FOR COMMUNICATION
SERVICES RELATING TO STATE SUPPORTED AND PLANNED
UPGRADES AND UPDATES OF THE PUBLIC SAFETY STATEWIDE
DIGITAL TRUNKED RADIO SYSTEM SOFTWARE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Memorandum of Understanding between the City of Pueblo, a Municipal
Corporation, and the State of Colorado, Governor’s Office of Information Technology, relating
to State supported and planned upgrades and updates of the public safety statewide Digital
Trunked Radio System software, attached hereto and having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and directed to execute said
Memorandum of Understanding for and on behalf of the City, and the City Clerk is directed to
affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform all acts
consistent with the intent of this Ordinance and the attached Memorandum of Understanding
to effectuate the transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: _ March 27, 2017
BY: Ed Brown
PASSED AND APPROVED: April 10, 2017
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
March 27, 2017
TO: President Stephan G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Lori Pinz, Director of Information Technology
SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND
THE STATE OF COLORADO, GOVERNOR’S OFFICE OF INFORMATION
TECHNOLOGY, FOR COMMUNICATION SERVICES RELATING TO
STATE SUPPORTED AND PLANNED UPGRADES AND UPDATES OF
THE PUBLIC SAFETY STATEWIDE DIGITAL TRUNKED RADIO SYSTEM
SOFTWARE
SUMMARY:
Attached is the Memorandum of Understanding between the Governor’s Office of
Information Technology (OIT), and the City of Pueblo for State supported and planned
upgrades and updates of the public safety statewide digital trunked radio (DTR) system
software.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The City of Pueblo is connected and integrated with the State of Colorado’s Digital
Trunked Radio (DTR) System. This system handles public safety radio communications
for Pueblo Police and Fire Departments as well as other City departments relying on radio
communications. With our association in the DTR system, the City shares resources and
system capabilities along with being interoperable with other state, local, regional, Tribal
and Federal agencies. This sharing of communication resources substantially reduces
costs.
Currently, the state system is operating at software revision (SR) 7.14 and upgrades and
enhancements must be performed in concert and across the system to provide the
greatest benefit and advantage to all DTR system users. The State has appropriated and
budgeted funds for the next five (5) versions of software upgrades specifically applied in
series from SR 7.14 to SR 7.25. This Memorandum of Understanding (MOU) specifically
states that the State agrees to fund and provide for the installation, testing, and monitoring
of the DTR system software updates/upgrades if the City of Pueblo remains an active,
connected and an integral partner of the DTR system for at least two (2) years from the
completion and acceptance of each software upgrade or until 2027. The software cost
for the City’s portion of the upgrade $577,930.00 which will be 100% funded by the State.
If the City chooses to break from this partnership, the City will be responsible for paying
back the State funds.
FINANCIAL IMPLICATIONS:
Future required upgrades to the City’s Radio infrastructure not funded by this MOU but
necessary to remain connected to the statewide DTR system.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None
ALTERNATIVES:
If City Council does not approve this Ordinance, the Memorandum of Understanding will
not take affect and the City will be responsible for providing the funding for these
upgrades.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Memorandum of Understanding between Governor’s Office of
Information Technology and City of Pueblo, a Municipal Corporation
CM5 Imgr 31
MEMORANDUM OF UNDERSTANDING
Between
Governor's Office of Information Technology, (OIT)
Public Safety Communications Network
And
City of Pueblo, a Municipal Corporation
1. Memorandum of Understanding (MOU)
This Memorandum of Understanding (MOU) is entered into by and among the City of Pueblo,
200 South Main, Pueblo, Colorado 81003, hereinafter referred to as the "Receiving Agency"
and the State of Colorado, Governor's Office of Information Technology, Communication
Services, 601 East 18th Avenue, Denver, CO 80203, hereinafter referred to as the "State", and
jointly referred to as the "Parties".
2. Purpose:
This MOU shall define the framework for allowing the State and the Receiving Agency to benefit
from State supported and planned upgrades and updates of public safety statewide digital trunked
radio (DTR) system software. This MOU shall specifically address a series of five (5) planned
software upgrades from SR 7.14 through SR 7.25 on equipment owned by the Receiving Party at RF
sites and dispatch centers owned or controlled by the Receiving Party.
The Parties have functionally connected their respective Radio Systems and this MOU documents
the sharing of resources to the mutual benefit of all Parties.
3. Statement of Mutual Interests and Benefits:
The Parties, through cooperation in the DTR system, provide a public safety communications
capability serving state Agency and participating local, regional, Tribal and Federal government
entities. It is in the best interest and for the greater benefit of all users of the DTR system to
improve public safety communications by State, Local, Regional, Tribal and Federal Governments
sharing resources and capabilities.
The sharing of communications resources are actions that may substantially reduce costs and
enhance interoperable communications for local, county, state, tribal and federal public safety
providers.
DTR system upgrades and enhancements performed in concert and across the system provide the
greatest benefit and advantage to all DTR system users. As part of its participation in the DTR
system, the State is seeking to improve public safety communications across the state by providing
a series of system wide software upgrades to the shared resources and capabilities. The State has
appropriated and budgeted funds for such DTR system software upgrades, and the State will
proceed with the upgrades regardless of the existence or termination of this MOU.
Maintaining DTR system consistency and stability are critical to the reliable performance of the
system statewide. In order to maintain system software consistency, routine MOTOPATCH
software patches and system security updates provided by Motorola, and downloaded to the
State's Master Zone, will be pushed to all connected DTR system components by the State
engineering staff.
4. Cooperators Agree:
4.1 The installation of DTR system software upgrades on Receiving Agency owned
computer equipment at RF sites and in dispatch centers in no way changes Receiving
Agency ownership or otherwise alters control of Receiving Agency owned
equipment. Receiving Agency reserves the right to refuse the installation of DTR
system software upgrades on Receiving Agency owned equipment at RF sites and in
Receiving Agency dispatch centers. It is understood that by refusing installation of
DTR system software upgrades Receiving Agency risks the loss of public safety
communications interoperability, and in some cases operability, capabilities
currently offered by the DTR system. Receiving Agency fully and completely
understands that all integrated components of the DTR system must operate on the
same System Release software version. Refusal of the installation of this software
upgrade will make any component not receiving the software upgrade/s
incompatible with the DTR system. Receiving Agency DTR system components
identified as incompatible with the DTR system will require disconnection from the
Master Zone.
4.2 Unless specifically authorized in this MOU, neither Party, nor their representative
shall adjust, maintain or otherwise touch equipment owned by another without
written agreement to do so prior to adjustment, maintenance or other action taking
place.
4.2.1 Receiving Agency is fully and completely responsible for ensuring its
hardware meets Motorola specifications to remain operational with the new
System Release software. Equipment malfunctions due to software upgrades
provided by the State for this system wide upgrade shall be reported to the
Receiving Agency's authorized Motorola Dealer for service or repair. The
Service Level Agreement (SLA) located in the CCNC Policy and Procedure
Manual (http://www.ccncinc.org) shall be considered the standard for
service and repair of defective or malfunctioning equipment or software.
4.3 Parties agree to establish and maintain safety and security guidelines for site user
representatives to follow when accessing the sites.
4.4 State shall work in concert with Receiving Agency to plan and schedule installation
of software updates. Every effort will be made to give ample time and opportunity
for Receiving Agency to prepare for the State installation, testing and monitoring of
the new software and equipment.
Receiving Agency understands and expects there will be limited disruption in service
during the installation of software updates on dispatch console equipment and
equipment at RF sites. State and its agents and contractors will make every effort
to limit the disruption in service to the shortest duration possible.
4.5 Receiving Agency grants permission to the State and its authorized employees,
agents, and contractors to enter its associated buildings, easements and rights-of-
way to install, test, and operate the software provided for in Exhibit A to this MOU;
provided that proper advance arrangements are made with the Receiving Agency
owning such buildings, easements and rights-of-way.
4.6 For purposes of this MOU, the State agrees to purchase and provide for the
installation, testing, and monitoring of the DTR system software updates/upgrades
from SR 7.14 to SR 7.25 as defined in the attached Exhibit A.
4.6.1 This MOU is inclusive of installation, testing, and monitoring of DTR system
software updates/upgrades to Receiving Agency expansion
transmitters/repeaters and dispatch console positions acquired during the
full term of the MOU, at no additional cost to the Receiving Agency.
4.7 Receiving Agency agrees that acceptance of the DTR system software upgrade/s
obligates the Receiving Agency to remain an active, connected, and integral partner
of the DTR system for a minimum period of two (2) years from the completion and
acceptance of each software upgrade. Software upgrades are scheduled to
commence during the third quarter of calendar year 2017 and will occur biennially
until the final software upgrade to SR 7.25 is completed in calendar year 2025.
4.7.1 Should the Receiving Agency elect to disconnect or otherwise cease
participation with the DTR system prior to the agreed upon term, Receiving
Agency shall be responsible for reimbursement to the State for an
apportioned cost of the DTR system upgrade cost incurred by the State
during this system-wide upgrade.
4.7.1.1 State investment in this series of five (5) upgrades specifically
provided to Receiving Agency infrastructure is: $ 577,930.00
4.7.1.2 Apportioned cost shall equate to $ 115,586.00 for each of the
five (5) scheduled software upgrades taken by the Agency.
4.8 Motorola MCC7500 console hardware upgrades may be required for continued
operation on one or more of the new system software platforms. It is the full
responsibility, and at the sole expense, of the Receiving Agency to upgrade their
console hardware to be compatible with the new system software prior to each of
the system wide software upgrades.
4.9 Logging recorders not supported by Motorola may require hardware and/or
software upgrades for continued operation on one or more of the new system
software platforms. It is the full responsibility, and at the sole expense, of the
Receiving Agency to upgrade their logging recorder hardware and/or software to be
compatible with the new system software prior to each of the system wide
software upgrades.
5. Term:
The term of this MOU shall begin upon final signature on the document and shall expire on
June 30, 2025.
5.1 Receiving Agency participation in each of the planned upgrades will be
executed through an Option to Participate Letter of substantially the same
form as the attached Exhibit B. The State shall provide the Receiving Agency
with the Option Letter required for participation in the scheduled upgrade.
The Option Letter shall define the software upgrade for which the Receiving
Agency wishes to participate. The Receiving Agency is under no obligation to
participate in any future software upgrades, as defined in Section 4.1 above.
5.2 Scheduled system software upgrades will be published in advance. The State
will contact the Receiving Agency directly with information and details
pertaining to each of the scheduled software upgrades.
6. Insurance:
Each Party shall at its sole cost and expense, obtain insurance or self insure, its inventory,
equipment, and all other property associated with this equipment against loss resulting from
fire or other casualty.
7. Control and Possession of Systems:
Each Party shall remain in exclusive control and possession of its own telecommunications
system and equipment and this Agreement shall not be construed to grant any Party any
rights of ownership, control, or possession of the other Party's systems or equipment, other
than those which may be specifically set forth herein or in exhibits hereto.
8. Nondedication of Equipment:
The Parties do not intend to dedicate, and nothing in this Agreement shall be construed as
constituting a dedication by any Party of its rights, or equipment, or any part thereof, to the
other Parties or any customer or member of the other Party.
9. Uncontrollable Forces:
No Party shall be considered to be in default in performance of any of its obligations under
this Agreement when a failure of performance shall be due to an uncontrollable force. The
term "uncontrollable force" means any cause beyond the control of the Party affected
including, but not restricted to, failure or threat of failure of facilities, flood, earthquake,
storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute,
labor or material shortage, sabotage, restraint by court order or public authority or action or
non-action by, or failure to obtain the necessary authorizations or approvals from, any
governmental Agency or authority, which by exercise of due diligence and foresight such
Party could not reasonably have been expected to avoid and which by exercise of due
diligence it shall be unable to overcome. Nothing contained herein shall be construed to
require a Party to settle any strike or labor dispute in which it is involved. Any Party
rendered unable to fulfill any obligation under this Agreement by reason of uncontrollable
force shall give prompt written notice of such fact to the other Party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
10. Notices.
Any notice, demand or request pursuant to this Agreement herein shall be in writing and shall
be considered properly given when delivered in person, sent by either registered or certified
mail, acknowledged by an email with a delivery and/or read receipt attached, or sent by
national overnight delivery service, postage prepaid addressed to the other Party's principal
offices.
10.1 Notices to the State shall be sent to: State of Colorado, Governor's Office of
Information Technology, Communication Services, 601 East 18th Avenue, Suite B100,
Denver, CO 80203
10.2 Notices to Receiving Agency shall be sent to: City of Pueblo, Information Technology
Department, 200 South Main, Pueblo, Colorado 81003, with a copy to the City of
Pueblo, Law Department, 200 South Main, Pueblo, Colorado 81003
11. Binding Obligations.
All of the obligations set forth in this Agreement shall bind the Parties and their successors
and assigns, and such obligations shall run with the Parties' rights, titles, interests, and with
all of the interests of each Party to this Agreement.
12. Fund Availability
Financial obligations of the Parties payable after the first fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
13. Future Obligations.
Receiving Agency shall not plan for, or otherwise expect the State to provide future system
wide software upgrades beyond the software upgrade defined in this MOU. State is not
obligated in any way to provide future software upgrades to Receiving Agency DTR system
components.
14. Governmental Immunity.
Both the Receiving Agency and the State are public entities within the meaning of the
Colorado Governmental Immunity Act, CRS S24-10-101 et seq. No term or condition of this
MOU shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions of the Colorado Governmental
Immunity Act or the Federal Tort Claims Act, 28 U.S.C. 551346(b) and 2671, et seq., as
applicable now or hereafter amended.
15. Waiver of Breach
A waiver by any party to this MOU of the breach of any term or provision of this MOU shall not
operate or be construed as a waiver of any subsequent breach by either party
16. Integrations, Severability, Amendment, and Counterparts.
This MOU represents the entire agreement between the Parties and supersedes all prior
discussions and written agreements or understandings. This MOU may be amended only by an
instrument in writing signed by the Parties. If any provision of this MOU is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the remaining
provisions of this MOU shall continue in full force and effect. This MOU may be executed in
multiple counterparts, each of which shall be deemed an original, and all of which together
constitute one and the same agreement.
THE PARTIES HERETO HAVE EXECUTED THIS MOU
Persons signing for the Parties hereby swear and affirm that they are authorized to act on
their behalf and acknowledge that the Parties are relying on their representations to that
effect.
CITY of PUEBLO GOVERNOR'S OFFICE OF INFORMATION
TECHNOLOGY
By: Stephen G. Nawrocki Suma Nallapati, Secretary of Technology and
Title: President of the City Council State Chief Information Officer
Signature 051131d46&&-A
By: Brenda Berlin - Deputy Chief Information
Date: Apr . I ID o 11 Officer and Chief Financial Officer
() �
ATTESTED Aar.>�'ti.n ALI 1...�te`L,'MAT
ice City Clerk Date: `'5Ali 67
Exhibit A
RECEIVING AGENCY SITES AND DISPATCH CENTERS
At the Receiving Agency Radio Frequency (RF) site and dispatch center the Receiving Agency shall:
1. Assist in coordination with the State Public Safety Communications Network (PSCN) engineers
and technical staff and their associates for the installation of DTR system software upgrades
at Receiving Agency RF sites and facilities.
2. Authorize State PSCN technical staff and their agents and/or associates required access to
Receiving Agency RF sites and facilities for the purpose of installation, testing and monitoring
of software. Such site access will be approved by, and coordinated with, the Receiving
Agency.
3. Receiving Agency remains responsible for locally owned equipment.
4. Receiving Agency agrees to the below cost table.
CITY of PUEBLO
DTR SR 7.14 through SR 7.25 Upgrade Pricing Breakdown
Per Unit
Per Unit per 2-Yr Per Unit 10- Cost Per 2-
Qty Full Term Cost
Per Year Upgrade Year Period year Upgrade
Repeaters* 637.00 1,274.00 6,370.00 36 45,864.00 229,320.00
Dispatch
MCC7500/7100 2,093.00 4,186.00 20,930.00 10 41,860.00 209,300.00
AIS VPM 1,530.00 3,060.00 15,300.00 1 3,060.00 15,300.00
Logging
Recorder
SOFTWARE
(NICE) 12,401.00 24,802.00 124,010.00 1 24,802.00 124,010.00
Per Upgrade Cost 115,586.00
(5)Upgrade Full Term Cost 577,930.00
`Repeaters listed in above table are defined as being located at:
Pueblo Simulcast - Goat Hill (12)
Pueblo Simulcast - Jackson Hill (12)
Pueblo Simulcast - Walking Stick (12)
At the Receiving Agency RF site and dispatch center the State shall:
1. Make every effort to schedule and make ample notification to Receiving Agency of the date/s
and time/s State and their agents may be expected to be on site to perform the necessary
work to effect the upgrade of the Receiving Agency components of the DTR system.
2. Purchase and provision for all necessary personnel and equipment required for installation,
testing and monitoring of DTR system software upgrades from SR 7.14 through SR 7.25.
3. In order to maintain system software consistency, the State remains wholly responsible for all
software maintenance, including the authorization to push software patches and security
updates to all DTR system components.
Exhibit B
OPTION LETTER
Date: Original MOU CMS#: 10 9 3i Option Letter#1 CMS Routing# to O 9 3)
1) OPTIONS
City of Pueblo Option to Participate only
2) REQUIRED PROVISIONS
In accordance with Section 5.1 of the Original Contract routing number between the State
of Colorado,Governor's Office of Information Technology,and City of Pueblo("Receiving Agency")
hereby exercises its option to participate in the Statewide Digital Trunked Radio System software
upgrade to Motorola System Release 7.16 planned for September 2017 and ending December
2017 at a cost/price specified in Exhibit A.
3) Effective Date.The effective date of this Option to Participate Letter is upon signature of the
Receiving Agency.
CITY of PUEBLO
By: -44411.1141111111 —
Title: ?c-4s'. cLe...4 o C , -1 1 ( d� ,� c", k,
Date: