HomeMy WebLinkAbout09328ORDINANCE NO. 9328
AN ORDINANCE APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF
PUEBLO AND PUEBLO COUNTY FOR UPGRADES AND
ENHANCEMENTS TO THE DIGITAL TRUNKED RADIO (DTR)
COMMUNICATIONS SYSTEM NETWORK LOCATED IN PUEBLO
COUNTY, COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Intergovernmental Agreement between the City of Pueblo, a
Municipal Corporation, and Pueblo County for upgrades and enhancements to the Digital Trunked
Radio Communications System Network located in Pueblo County, Colorado, 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
Amendment to the Intergovernmental Agreement 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 Amendment to the Intergovernmental
Agreement to effectuate the transactions described therein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: August 13, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: August 27, 2018
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
August 13, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Lori Pinz, Director of Information Technology
SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO AND
PUEBLO COUNTY FOR UPGRADES AND ENHANCEMENTS TO THE DIGITAL
TRUNKED RADIO (DTR) COMMUNICATIONS SYSTEM NETWORK LOCATED
IN PUEBLO COUNTY, COLORADO
SUMMARY:
Attached is an amendment to the Intergovernmental Agreement (IGA) between the City of Pueblo
and Pueblo County for upgrades and enhancements to the Digital Trunked Radio (DTR)
Communications System Network utilized by both parties.
PREVIOUS COUNCIL ACTION:
The IGA was accepted by Council and signed on December 9, 2013. An Amendment to the IGA
was accepted by Council and signed on November 13, 2017.
BACKGROUND:
The City of Pueblo and Pueblo County are connected and integrated with the State of Colorado’s
Digital Trunked Radio (DTR) System. This system handles public safety radio communications
for the Pueblo Police and Fire Departments, as well as other City departments that rely on radio
communications. With the City’s involvement in the DTR system, the City shares resources,
system capabilities, and is interoperable with other state, local, regional, Tribal and Federal
agencies. This sharing of communication resources substantially reduces costs for all
participating agencies.
Funds from the United States Department of Homeland Security (DHS), Federal Emergency
Management Agency (FEMA) for the 2012 and 2013 Chemical Stockpile Emergency
Preparedness Program (CSEPP) were appropriated and distributed to Pueblo County. The
County will use a portion of these funds to replace the City’s microwave infrastructure and make
site enhancements. The new infrastructure will be a redundant microwave system, engineered
and installed by Aviat, Inc., supporting the City, Pueblo County, and the State of Colorado’s radio
communications for this region. This redundant ring is the final phase of the microwave project
that the City of Pueblo, Pueblo County, and the State of Colorado have been implementing
through FEMA’s CSEPP. The goal of this project has been to replace the old and obsolete
microwave system used by participating agencies, with a new, highly fault-tolerant microwave
system. Funding for this project is being provided via CSEPP grant funding.
FINANCIAL IMPLICATIONS:
The CSEPP will pay for the annual support and maintenance costs related to the City equipment.
When Federal funding is no longer available, which is anticipated in 2025, the City will determine
whether to maintain ownership of the equipment or let the State take ownership. If the City elects
to maintain ownership, annual support and maintenance will be budgeted and appropriated
through the City’s annual budget process.
BOARD/COMMISSION RECOMMENDATION:
The Board of County Commissioners of Pueblo County passed and approved the Amendment on
July 23, 2018.
STAKEHOLDER PROCESS:
The Pueblo County Sheriff’s Office, City of Pueblo Police, Fire and Information Technology
Departments, and the State of Colorado Office of Information Technology have all been involved
in the process.
ALTERNATIVES:
If City Council does not approve this Ordinance, the Amendment to the Intergovernmental
Agreement will not take effect and the City will not be able to utilize the new microwave
connectivity to connect to the State DTR system without separate and costly financial investment.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Amendment to the Intergovernmental Agreement between the City of
Pueblo and Pueblo County for Microwave Upgrades and Enhancements to
the Digital Trunked Radio Communications System Network in Pueblo
County, Colorado.
AMENDMENT TO THE IGA BETWEEN THE CITY OF PUEBLO AND PUEBLO COUNTY
FOR MICROWAVE UPGRADES AND ENHANCEMENTS TO THE DIGITAL TRUNKED
RADIO COMMUNICATIONS SYSTEM NETWORK IN PUEBLO COUNTY, COLORADO
This Amendment ("Amendment") is entered into as of the 27thday of August , 2018
("Effective Date"), by and between the City of Pueblo, Colorado, a Municipal Corporation
("City"), Pueblo County, Colorado ("County"), and Aviat U.S. Inc. ("Aviat") (individually a
"Party" and together the "Parties").
WHEREAS, the County and Motorola Solutions, Inc. ("Motorola") entered a
Communications System Agreement ("CSA") effective as of June 26, 2013, pursuant to which
Motorola sells and County purchases certain radio system upgrades and enhancements to the
County's and City's 700/800 MHz Digital Trunked Radio ("DTR") System ("DTRS"); and
WHEREAS,funds were appropriated and distributed to the County from the United States
Department of Homeland Security, Federal Emergency Management Agency ("FEMA") for the
2012 and 2013 Chemical Stockpile Emergency Preparedness Program ("CSEPP"), and a portion
of the CSEPP funding is used by the County to pay for certain radio system upgrades and
enhancements to the City's DTR equipment and sites; and
WHEREAS, the City and County entered into an Intergovernmental Agreement ("IGA")
effective December 9, 2013 to include City in and amend certain terms of the CSA; and
WHEREAS, the City, County, and Motorola entered an amendment to the CSA effective
December 9, 2013 in order to carry out the terms of the IGA and incorporate the City into certain
sections of the CSA; and
WHEREAS, the City and County entered an amendment to the IGA effective November
13, 2017 for upgrades and enhancements to the DTR Communications System Network in Pueblo
County, Colorado; and
WHEREAS, funds were appropriated and distributed to the County from the Division of
Homeland Security and Emergency Management for certain public safety communications
network microwave infrastructure replacements and enhancements to the County's and City's
DTR equipment and sites; and
WHEREAS, the County and Aviat have entered into an Agreement for Public Safety
Communications Network Microwave Infrastructure Replacement dated November 13, 2017
("Infrastructure Replacement Agreement"); and
WHEREAS,the Infrastructure Replacement Agreement does not currently control or bind
City and does not void,alter,or modify any ownership rights or obligations of the City with regards
to DTR work sites owned by City; and
WHEREAS, the City sites are owned and maintained solely by the City of Pueblo;
however, they are core components needed for the replacement and implementation of a public
safety communications network microwave infrastructure in the Pueblo County region and
statewide; and
WHEREAS, the County intends to upgrade the City's microwave equipment and provide
necessary site upgrades through the Infrastructure Replacement Agreement and grant funding;and
WHEREAS, the Parties desire to cooperate and enter into this Amendment setting forth
the terms and conditions for said cooperation; and
WHEREAS, the Parties to this Amendment mutually agree to provide and make use of
such microwave equipment for the benefit and enhancement of the interoperable communications
capacity of the community through this Amendment;
NOW THEREFORE, in consideration of the foregoing recitals, and the promises and
conditions set forth below, the parties agree to amend the IGA and Infrastructure Replacement
Agreement as follows:
1. Under the terms of the IGA, this Amendment hereby incorporated therein, the County
agrees to provide and deliver to City microwave upgrades and enhancements covered by
the Infrastructure Replacement Agreement. The equipment is funded entirely by grant
monies awarded to County by Grant#17CSEP18-PC, issued by the Division of Homeland
Security and Emergency Management. Should the County fail to receive the grant funds,
County has no obligation to provide the microwave equipment. City shall use the
equipment for its Interoperable Communications for the benefit of the citizens of Pueblo
County, Colorado, or in response to a request for Interoperable Communications service
by another response entity operating within Pueblo County.
2. Exhibits A and B to the Infrastructure Replacement Agreement, as well as the associated
Pueblo County Ring Equipment List dated April 26, 2018, shall apply as between Aviat
and City to the extent City's microwave equipment is a part of the overall upgrades and
enhancements covered by the Infrastructure Replacement Agreement ("City Upgrades").
3. The Infrastructure Replacement Agreement shall be amended as follows:
a. Section I of the Infrastructure Replacement Agreement shall apply between Aviat
and City as to the City Upgrades.
b. Section II of the Infrastructure Replacement Agreement shall apply between Aviat
and City as to the City Upgrades, except that all project costs shall be paid by
County .
c. Section III of the Infrastructure Replacement Agreement shall apply between Aviat
and City as to the City Upgrades.
d. Section IV of the Infrastructure Replacement Agreement shall apply between Aviat
and City, except as to the County's receipt of grant funds.
e. Section V of the Infrastructure Replacement Agreement shall apply between Aviat
and City as to the City Upgrades.
f. The bond issued pursuant to Section VI of the Infrastructure Replacement
Agreement shall apply between Aviat and City as to the City Upgrades, and Aviat
shall add any necessary language to the bond in order to ensure coverage of City
Upgrades and City.
g. Section VII of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
h. Section VIII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
i. Section IX of the Infrastructure Replacement Agreement shall apply between Aviat
and City.
j. Section X of the Infrastructure Replacement Agreement shall apply between Aviat
and City.
k. Section XI of the Infrastructure Replacement Agreement shall apply between Aviat
and City as to the City Upgrades.
1. Section XII of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
m. Section XIV of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
n. Section XV of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
o. Section XVI of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
p. Section XVII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
q. Section XVIII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
r. Section XIX of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
s. Section XX of the Infrastructure Replacement Agreement shall only apply between
Aviat and County, where County will make all related payments. City shall not be
liable for the cost of any City Upgrade or the installation thereof.
t. Section XXI of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
u. Section XXII of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
v. Section XXIII of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades.
w. Section XXIV of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
x. Section XXV of the Infrastructure Replacement Agreement shall apply between
Aviat and City as to the City Upgrades, in so far as City making final inspections
of completed work, correction of defects, and final acceptance. City shall not be
liable for any final payment or other cost, and any subcontractor claims must be
addressed to and dealt with by County.
y. Section XXVI of the Infrastructure Replacement Agreement is deleted in its
entirety and replaced with the following, except that this amendment shall only
pertain to Aviat and City:
This Agreement is expressly made subject to the limitations of the Colorado
Constitution. Nothing herein shall constitute, nor be deemed to constitute, the
creation of a debt or multi-year fiscal obligation or an obligation of future
appropriations by the City Council of Pueblo, contrary to Article X, §20 of the
Colorado Constitution or any other constitutional, statutory or charter debt
limitation. Notwithstanding any other provision of this Agreement, with respect to
any financial obligation of City which may arise under this Agreement in any fiscal
year, in the event the budget or other means of appropriations for any such year
fails to provide funds in sufficient amounts to discharge such obligation, such
failure shall not constitute a default by or breach of this Agreement, including any
sub-agreement, attachment, schedule or exhibit thereto, by the City.
z. Section XXVII of the Infrastructure Replacement Agreement shall apply between
Aviat and City. This shall include, but not be limited to, City being named as an
"additional insured" on all required insurance.
aa. Section XXVIII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
bb. Section XXIX of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
cc. Section XXX of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
dd. Section XXXI of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
ee. Section XXXII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
ff. Section XXXIII of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
gg. Section XXXIV of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
hh. Section XXXV of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
ii. Section XXXVI of the Infrastructure Replacement Agreement shall apply between
Aviat and City.
jj. Section XXXVI(D) of the Infrastructure Replacement Agreement is amended to
add the following information as to the City:
City of Pueblo City of Pueblo
Attn: City Manager/Mayor Lori Pinz, IT Director
1 City Hall Place 200 South Main Street
Pueblo, CO 81003 Pueblo, CO 81003
(719) 553-2655 (719) 553-2424
4. Except as modified by this Amendment, all terms, conditions, and provisions of the
Infrastructure Replacement Agreement remain in full force and effect.
5. The City is an intended third-party beneficiary of the Infrastructure Replacement
Agreement as amended hereby and as such may bring a dispute or an action in its own
name to enforce any provision of the Infrastructure Replacement Agreement as to any
Party. City may purchase equipment and services directly from Aviat under the
Infrastructure Replacement Agreement that are not City Upgrades. Should City purchase
equipment or services outside the project's scope of work, all such costs shall be paid by
City directly to Aviat, and Aviat shall invoice City separately for such costs.
6. City shall be considered the customer of record as to the City Upgrades and have full
authority to communicate with Aviat and dictate delivery and installation of the City
Upgrades.
7. In the case of a breach of the Infrastructure Replacement Agreement by County or Aviat,
any cure,resolution,or settlement must be approved by City in writing.County must ensure
that City DTR operations are not impacted by any such breach and/or cure, resolution, or
settlement thereof. Any cost or expense related to City DTR operations caused by a breach
by County of the Infrastructure Replacement Agreement and/or cure, resolution, or
settlement of such breach shall be the sole responsibility of the County.
8. County shall deliver to City all right, title, and interest in the City Upgrades,together with
all licenses and warranties, immediately upon approval of the Request for Disposition by
FEMA or the completion of the de-milling operations at the Pueblo Chemical Depot,
whichever is sooner and in accordance with the IGA. The City shall not discard or dispose
of any of the City Upgrades until the completion of the de-milling program without the
written consent of County. City may in its sole discretion choose not to take ownership of
the City Upgrades upon completion of the de-milling. Should City choose not to accept
ownership of the equipment, the equipment may remain at City sites so that the City and
County may maintain the connection with the State network. In such case, City shall not
be liable for any additional cost associated with housing and utilizing the equipment onsite,
and the Parties will continue to provide all insurance and pay all costs as they did prior to
de-milling.
9. The Parties will cooperate to keep City Upgrades in good repair and working order,
utilizing warranty services purchased with the equipment and subsequent maintenance
service by an authorized vendor. County will cooperate to enforce any warranty provided
for by the Infrastructure Replacement Agreement. Responsibility for maintenance, repair,
upgrade and/or replacement of the City Upgrades beyond any warranty period will be
addressed by County. The Parties agree to meet and confer regarding the necessity of a
sustainability agreement if any Party so expresses the desire. This provision shall survive
termination or expiration of the IGA.
10. County warrants that City will not have to pay direct or incidental fees for the City
Upgrades and related charges, and that County will pay all fees and costs whether required
by Aviat, the State of Colorado, or another party.
11. County and Aviat shall comply with all security requirements of City, and their personnel
shall be escorted at all times while on City's DTR sites. The City will make City Upgrades
available for inspection by County representatives and state or federal auditors upon
reasonable advance notice not less than forty-eight (48) hours. Access to all City sites will
require prior City approval, and background checks or other compliance measures may be
required at City's discretion. Site work at all City sites will require prior written approval
from the City. County will allow City access to all County sites with reasonable advance
notice.
12. County shall at its sole cost and expense train at least three (3) City staff, to be designated
by City, on the use, maintenance, and repair of the City Upgrades.
13. City shall maintain the exclusive management and support of City radio and microwave
communications, unless otherwise agreed to in writing by the City. County personnel will
not access, alter, create, or monitor any City DTR communication or system with the
written consent of City. City personnel will not access,alter,create,or monitor any County
DTR communication or system without the written consent of the County.
14. City shall insure the City Upgrades from theft, damage or other loss for the duration of the
IGA. The City will report to County any theft, damage, or other loss to the County within
forty-eight(48)hours of discovery. City will, in its sole and absolute discretion, determine
whether to repair or replace damaged equipment in order to avoid disruption of the
Interoperable Communications system.
15. City shall ensure that all. City owned work sites will be safe, secure, and in compliance
with all applicable industry and OSHA standards. County must inspect all City owned work
sites to ensure that all City owned work sites have adequate: physical space; air
conditioning and environmental conditions; appropriate electrical outlets, equipment, and
connections; and adequate telephone or other communication lines, including modem
access and network interfacing capabilities, all for the installation, use, and maintenance
of the City Upgrades. County is responsible for any and all costs to bring City owned work
sites up to the required standards, subject to the availability of grant funding.
16. This Amendment concerns the following sites owned exclusively by the City:
a. Walkingstick
4400 Walkingstick Blvd.
Pueblo, CO 81001
b. Goat Hill
801 Murray Rd.
Pueblo, CO 81003
c. Jackson Hill
5670 W. Highway 78
Pueblo, CO 81005
17. Enforcement of the terms and conditions of this agreement shall be strictly reserved for the
Parties and nothing contained in this agreement shall give or allow any claim or right of
action by any other party or third person.
18. This agreement is expressly made subject to the limitations of the Colorado Constitution.
Nothing herein shall constitute,nor be deemed to constitute,the creation of a debt or multi-
year fiscal obligation or an obligation of future appropriations by the City Council of
Pueblo or the Pueblo County Commissioners, contrary to Article X, §20 of the Colorado
Constitution or any other constitutional, statutory or charter debt limitation.
Notwithstanding any other provision of this agreement, with respect to any financial
obligation of City or County which may arise under this agreement in any fiscal year, in
the event the budget or other means of appropriations for any such year fails to provide
funds in sufficient amounts to discharge such obligation, such failure shall not constitute a
default by or breach of this agreement, including any sub-agreement,attachment, schedule
or exhibit thereto.
19. Nothing in this agreement is intended, nor should it be construed, to create or extend any
rights, claims or benefits or assume any liability for or on behalf of any third party, or to
waive any immunities or limitations otherwise conferred upon the City of Pueblo, a
Municipal Corporation, or the County of Pueblo under or by virtue of federal or state law,
including but not limited to the Colorado Governmental Immunity Act,C.R.S. §24-10-101,
et seq.
20. This agreement shall inure to the benefit of, and be binding upon, the Parties, their
respective legal representatives, successors, and assigns; provided, however, that nothing
in this paragraph shall be construed to permit the assignment of this agreement except as
otherwise expressly authorized herein.
21. This agreement represents the entire agreement between the Parties and supersedes all prior
discussions and written agreements or understandings. This agreement may be amended
only by an instrument in writing signed by the Parties. If any provision of this agreement
is held invalid or unenforceable, no other provision shall be affected by such holding, and
all of the remaining provisions of this agreement shall continue in full force and effect.
This agreement 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.
22. This Amendment may be executed in two or more counterparts, each of which shall be
deemed an original, but all or which shall constitute one and the same agreement. In case
of conflicting Effective Dates among the counterparts, the last Effective Date shall be
binding.
23. A waiver by any party to this agreement of the breach of any term or provision of this
agreement shall not operate or be construed as a waiver of any subsequent breach by either
party.
24. This agreement shall be governed by the laws of the State of Colorado. Venue for any
action arising under this agreement or for the enforcement of this agreement shall be in a
state court with jurisdiction located in Pueblo County, Colorado.
IN WITNESS WHEREOF, the parties have executed this amendment as of the Effective Date.
ATTEST: CITY OF PUEBLO,
A MUNICIPAL CORPORATION
B - -CrI 611,1/vt..4,')t.)' B
(1,-.1-1 Aa) City Clerk President of City Council
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PUEBLO COUNTY, COLORADO
By4 A
is� By ,/C'% x l'-'-
1
County Clerk& Recorder Chair, Board of Coun Commissioners
ATTEST. AVIAT U.S. INC.
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By ,� /ilL 4t4t, By
Title 0 k'.1r� Cd-k7/ Authorized Representative
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