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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. C) By ,� /ilL 4t4t, By Title 0 k'.1r� Cd-k7/ Authorized Representative ERic cfrRNG, 4 1° J & o Au-ow/06 of FicE.