HomeMy WebLinkAboutresolution.council.143-14 RESOLUTION #143
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY FOR THE PURPOSE OF SHARING
A LICENSE FOR FIBER OPTIC CABLES, AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an
intergovernmental agreement between the City of Aspen and the Board of County
Commissioners of Pitkin County, a true and accurate copy of which is attached
hereto as Exhibit "B";
WHEREAS, the County has requested they be allowed to utilize separate
fiber strands of the city's metro fiber infrastructure to connect County Facilities to
their own computer network;
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WHEREAS, the license is granted to the County for a term of two (2) years
at an annual cost of$42,777.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the
intergovernmental agreement for a fiber optic license between the City of Aspen
and the Board of County Commissioners of Pitkin County, a copy of which is
annexed hereto and incorporated herein, and does hereby authorize the City
Manager to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPT D b�t C ty . uncil of the City of
Aspen on the 8th day of December, 2014.
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City
Council of the City of Aspen, Colorado, at a meeting-,,held Ejecmber 8„2014
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Linda Mannin , City Clerk
RESOLUTION OF THE BOARD OF COUNTY,
COMMISSIONERS OF PITKIN COUNTY, COLORADO,
AUTHORIZING THE BOARD TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF
ASPEN FOR THE PURPOSE OF SHARING A LICENSE FOR
FIBER OPTICS CABLE.
RESOLUTION NO. laj' -2014
Recitals:
1. The Board of County commissioners of Pitkin County ("The County") under the
authority granted pursuant to C.R.S. Section 29-1-201 and Article XIV, Section
10 of the Colorado Constitution is hereby entering into an Intergovernmental
Agreement with the City of Aspen ("The City")
2. The City is the owner of dark fiber optic cable that runs through the City in and
over lands owned, leased or otherwise controlled by the City including State
highway right of way; and;
3. The County desires to use strands of available dark fiber optic cable for its own
purposes and uses; and,
4. The parties wish to.enter into this agreement to allow the County to utilize these
dark fiber optic strands.
5. The Board of County commissioners has determined that it is in the best interest
of the citizens of the County to enter into this Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that: (fill in text here)
1NTRODUFIRST READ, AND'SET FOR PUBLIC HEARING ON THE W `'e
Y 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RES OLU ON�19AN U PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
DAY OF( y ✓ 2014.
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NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF'THE RESOLUTION
POSTED ON THE OFFICIAL- ITKIN COUNTY WEBSITE ( www.aspenpitkin.com )
ON THE DAY OFA✓ 2014.
ADOPTE AFT�READING AND PUBLIC HEARING ON THE 5
DAY OF 2014.
PUBLISHED BY TITLE AND SHORT SUMMARY, TSF ER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 13t-k DAY OF��Mme,.(,( a , 2014.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN
CO T�(www.aspenpitkin.com) ON THE t_DAY
OF 2014.
AT'TE BOARD OF COUNTY COMMISSIONERS
i
By_. .� By: - G2 M/
IA
Jea�- tte Jones Robert A. Ittner, Jr., Chair
Den ty County Cl e k
Date: //- 0 - 900
APPROVED AS TO FORM: MANAGER APPROVAL
Jo Co ttorney Jon Peacock, County Manager
FIBER OPTICS LICENSE
This License Agreement made and entered into this day of 2014, by and
between the CITY OF ASPEN, (hereinafter referred to as "ASPEN") and the BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY, State of Colorado (hereinafter referred to
as the"COUNTY")concerns and specifies the following:
WHEREAS, ASPEN is the owner of dark fiber optic cable that nuns through the City of Aspen in and over
lands owned,leased or otherwise controlled by ASPEN including State highway right of way;and,
WHEREAS, the COUNTY desires to use strands of available dark fiber optic cable for its own
purposes and uses; and,
WHEREAS,the parties wish to enter into this agreement to allow the COUNTY to utilize these dark
fiber optic strands.
NOW, THEREFORE, in consideration of the mutual agreement hereinafter contained ASPEN and
the COUNTY covenant and agrees as follows:
1. License. ASPEN hereby grants an irrevocable license, for the term of this license, to the
COUNTY for dark fiber optic cable and associated services in order to interconnect
the following COUNTY facilities:
I. County Data Center
2. County Jail
3. County Courthouse
4. County Plaza Building
5. Library
6. Health and Human Services
7. Public Works
8. Airport
2. Initial Configuration: The initial fiber configuration would include connectivity
to all COUNTY facilities listed above utilizing the ASPEN Metro Fiber Network
(Metro) and the shared Campus Fiber Network that requires connection through City
Hall or other ASPEN facility (Campus). See Exhibit A — Initial COUNTY
Configuration Map
• Metro — The license allows use of one functioning fiber pair per facility hop.
• Campus — The license allows use of up to 50% of.the available fiber pairs as
needed and can be accommodated through ASPEN facilities.
3. Term. The license provided herein shall be for a term of two years commencing on
January 1, 2015 and ending on December 31, 2016. The parties by mutual agreement may
extend the term of this license on such terms and conditions as are deemed
appropriate.
4. Payment. The COUNTY shall pay to the ASPEN for the license provided the sum of$42,777
per year. Such sum shall be due and payable on a quarterly basis (@ $10,695). Such sum shall be
due at the start of each quarter for each year of the license. If payment is not received by the end
of thirty days from the beginning of the quarter, such non-payment shall be considered a breach
of the license agreement and the agreement shall be terminable by ASPEN.
5. Termination. This license is granted for a specific use and within a specified term. However,
prior to the end of the term, this license may be terminated by COUNTY only, at their discretion,
upon one year's written notice to the other party. Payments made up to the time of cancellation
will not be returned to the COUNTY. ASPEN reserves the right to terminate this license
agreement based upon breaches of agreement including:
• Failure to make payment,
• Misuse and destruction of ASPEN equipment and facilities,
• Unauthorized access or connection to the ASPEN network
6. Reservation of rights of ASPEN. ASPEN reserves the right to use the ASPEN-owned
fiber optics network for its own purposes with the caveats that:
• for any change of use, ASPEN informs the COUNTY of the planned changes(s),
• for any change of use that has the potential to impact COUNTY service, that
ASPEN informs the COUNTY and works with COUNTY to plan the change and
mitigate any impacts to COUNTY service.
7. Services provided by ASPEN. The following services shall be provided by ASPEN
pursuant to this license:
• Fiber System Audit - ASPEN Staff will identify, label, and diagram current
configuration. Staff will identify, label, and diagram a separate fiber network for
COUNTY.
• Network Implementation Collaboration—ASPEN Staff will collaborate with COUNTY
network architect to explore options, determine fiber topology, test feasibility, locate
conduits, and determine equipment and space requirements.
• Fiber System Maintenance—ASPEN Staff will take primary responsibility for the
maintenance of the ASPEN fiber network including:
o Utility Marking—Mark and/or coordinate the marking of all external fiber
infrastructure not directly located on COUNTY property and used solely for
COUNTY services,
o System Monitoring—Monitor all equipment and network distribution facilities
that are part of the fiber infrastructure,
o Troubleshooting—Diagnose connectivity and performance issues,
o Problem Remedy—Repair/replacement of ASPEN owned equipment, utilization
of spare fiber optic strands when necessary, and coordination of all external
vendor repair activities,
o Documentation—ASPEN will diagram all components of the fiber system and
identify responsible party for all components. Within data centers and network
distribution facilities all equipment will be labeled. All spare fibers and
equipment will be inventoried.
o Termination Equipment—any equipment or components that are required to
terminate ASPEN fiber at a COUNTY location that houses only COUNTY
equipment and provides no services to the ASPEN,
o Customer Collaboration—Collaboration with COUNTY including:
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■ Mutually Funded Infrastructure—For these components, ASPEN will
provide the same level of service as provided to the ASPEN Fiber
network. Costs will be shared for mutually agreed upon capital
improvements or repairs where ASPEN is determined to be not at fault for
the damage. Any reconfiguration of fiber infrastructure for COUNTY
benefit will be fully funded by the COUNTY and mutually agreed upon by.
both ASPEN and COUNTY. Components include:
• Castle Creek
• ASPEN/COUNTY Campus Fiber
■ System Status'Communication—Reporting of any conditions impacting
the performance of their fiber network including system alerts, problem
diagnoses, estimated repair windows, and maintenance activities,
■ Shared Locations—Network equipment installation(as needed by either
organization), fiber termination and patch through (as needed by either
organization), monitoring, troubleshooting, enabling reasonable access
and the reporting of planned or unplanned activities at these locations:
• Fire Stations
• Health and Human Services
• Plaza
• County Courthouse
• Streets
• Rio Grande
• City Hall
• Campus Vaults and Splice/Termination Network Distribution
Facilities
■ Consultation— Consultation with COUNTY Technology Staff and their
consultants regarding any system improvements or expansion.
8. Services and components not provided by ASPEN as part of this lease:
• Network Design— COUNTY is responsible for the design of their network and the
feasibility testing of their design,
• Network Equipment— COUNTY is responsible for the specification, acquisition,
installation, configuration, testing, and maintenance of any network equipment required
to implement their design.
• COUNTY Infrastructure —COUNTY will take primary responsibility for any
infrastructure at COUNTY locations that is used solely for COUNTY services and not
part of the ASPEN metro fiber system or shared campus fiber network with the exception
of any equipment required to terminate ASPEN fiber at COUNTY locations. This
responsibility includes but is not limited to:
o utility marking,
o system monitoring,
o troubleshooting and problem remedy,
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o hvac equipment maintenance and repair,
o network equipment maintenance and repair,
o Power conditioning equipment maintenance and repair,
o and network distribution facility maintenance.
This infrastructure currently includes (but may not be limited to):
o Airport network distribution facility
o AOC network distribution facility
o Airport to AOC fiber
o AOC to AOC fuel station fiber
o Public Works network distribution facility
o Fleet network distribution facility
o Fleet to Fleet fuel station fiber
o Landfill network distribution facility
o Landfill crew building network distribution facility
o Landfill main building to Landfill crew building fiber
o County Data Center to County Courthouse fiber
o Jail to Rio Grande fiber
o Health and Human Services to Senior Center fiber
In the event of any disruption of service, the COUNTY shall contact ASPEN. Upon receipt of
such notice, ASPEN shall endeavor to correct such disruption of service to the COUNTY as it
would correct such disruption of service to the ASPEN. However, ASPEN does not guarantee or
warrant any particular level of service.
9. Compliance with Law. This license is subject to all state laws, the provisions of the Charter
of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City
of Aspen now in effect or those which may hereafter is adopted.
10. Non-exclusivity. Nothing herein shall be construed so as to prevent ASPEN from
granting such additional licenses for the use of the fiber optics cable provided that additional
licenses do not interfere with COUNTY use.
11. Notices. All written notices required to be given shall be deemed given upon hand
delivery or email to the person or entity to whom directed at its address shown herein, or at such
other address as shall be given by notice pursuant to this paragraph. Copies of such notices shall
be directed to the following addresses:
TO CITY OF ASPEN:
IT Director
130 S. Galena St.
Aspen, CO 81612
Fax No. (970) 920-5119
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With a copy to:
Aspen City Attorney
130 South Galena Street
Aspen, Colorado 81611
Fax No. (970) 920-5119
TO PITKIN COUNTY:
IT Director
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
With copy to:
County Attorney
530 E. Main St.
Aspen, CO 81611
Fax No.: (970)
IN WITNESS WHEREOF,the parties executed this agreement at Aspen,Colorado,the day and year
first written.
COUNTY:
Counof Pitkin, State of Colorado:
By-
Title: OC
CITY:
City of Aspen:
By:
Title:
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Fiber Criteria Overview
Based on the direction given by Commissioner Richards from the 1 st reading, which was to
provide the specifics of the costs associated with this agreement at second reading, I was given
the following criteria from Jim Considine (City IT Director);
• He reviewed capital investment data from the last 15 years specific to costs involved in
further improving the fiber network, maintenance fees, staff labor, insurance costs and
overhead expenses.
• Research was done by the City to determine industry standards for pricing associated
with the leasing of fiber on an annual basis.
• Finally he compared pricing data with the primary point-to-point fiber service provider in
our area (Cedar Networks). I've attached the pricing schedule they provided Mr.
Considine. In summary, the only way we (County) could replicate the type of
connectivity currently in place is to utilize a point-to-point fiber connection at each
County facility. We currently have access to 10 gigabits of potential speed through the
City's fiber. Mr. Considine focused on what a slower, minimum needed, 100 megabit
service from Cedar networks would cost. That service would cost us $1430/month * 8
facilities = $11,440 per month.
Based on the above criteria, the annual costs of shared expenses throughout the last 15 years (per
Mr. Considine) came out to just over $80,000 per year, which he divided in half to determine the
license fees for the County.
Ethernet Access O 0 Cedar Networks
PortSpeed
❑ 10 Mbps Ethernet ❑ 100 Mbps Ethernet ❑ 1000 Mbps Ethernet
Network Access Profile
Downstream Speed Upstream Speed 12 Months 36 Months 60 Months
❑ 5 5 $325 $260 $251
❑X 10 10 $500 $400 $385
❑ 20 20 .$615 $492 $473
❑ 30 30 $735 $588 $565
❑ 40 40 ' :, i:.,.. $840 $672 $647 . ;
❑ 50 50 $940 $752 $723
❑ 60 - 60 '. ` .'' '-�. 1$1050 .. '$840 . x 5808 ',.(.
❑ 70 70 $1,160 $928 $893
❑ 80 - 80 $1,264 $1,011. $973 -
❑ 90 90 $1,370 $1,096 $1,054
❑ 100 . 100 $1,430 $1,144 $1,101'
7 200 200 $1,990 $1,592 $1,532
. ❑ 300 300 $2,487 $1,989 $1,914
❑ 400 400 $3,026 $2,420 $2,330
..❑ - 500 500 , _„ _ $3,554 $2,843 $2,736
❑ 600 600 $4,083 $3,266 $3,143
❑ .700 700_.<. $4,611 . $3,687 $3,550 .
❑ 800 800 $5,140 $4,112 $3,957
-❑ ,' 900 9o0 :n.� ..r $5,668 _ $4534
„ ,
❑X 1000 1000 $6,197 $4,957 $4,771
ReachME
Downstream Speed Upstream Speed 12 Months 36 Months 60 Months
❑ 1.5 - 1.5 $285 - $257 $242
❑ 3 3 $375 $337 $319
❑ 4.5 4.5 _ $487� '$439 - $415
❑ 6 6 $637 $573 $542
0 O
o Cedar Networks Office(877)652-3327 Fax(866)320-6362 www.cedarnetworks.com