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HomeMy WebLinkAboutresolution.council.035-03 RESOLUTION # 35 Series of 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CJlTY OF ASPEN, COLORADO, APPROVING T~E PITKiN COUNTy COMMU~iCA¥i0NS TECHNICAL SERVICES CONTRACT WHEREAS, Pitkin County has submitted a contract, a copy of which is attached hereto as Exhibit "A," for the provision of technical services by the Combined Communications Department to the City of Aspen; and WHEREAS, this contract provides for the payment of $18,620 to Pitkin County for these services; and WHEREAS, the City of Aspen has the authority and responsibility to fund the City departments who are users of the communications services and to sign contracts on behalf of those departments; and WHEREAS, a resolution by the City of Aspen for~mally approving the "Pitkin County CommunicatiOns Technical Services Contract" and authorizing the proper signature to be affixed to the contract indicating such approval is required by Pitkin County. NOW, THEREFORE, BE IT RESOLVED, the ASpen City Council hereby approves the term, conditions and obligations of the Pitkin County Communications Technical Services Contract and hereby authorizes the appropriate city authority to sign the contract on behalf of the City of Aspen. Dated this,~jJay of . ./~./~[/'. 2003. ~ '~ Mayor 'Kathryn S. K~'h, Cil~Clerk INTERGOVERNMENTAL AGREEMENT FOR TECHNICAL SERVICES PROVIDED THROUGH PITKIN COUNTY THIS AGREEMENT is entered into this day of ,2003, by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, a Home Rule County, hereinafter referred to as the "County", and the City of Aspen, COLORADO, a statutory municipality, hereinafter referred to as the "Customer". Together, the County and Customer are referred to as the "Governments". RECITALS 1. The Governments desire to enter into this Agreement at this time so that the County will provide technical services to the Customer. 2. The Customer requires certain technical services and the County has the capability to provide those technical services. 3. Sections 29-1-201 through Sections 29-1-203, C,R.S., as amended, authorize local governments to cooperate and contract with other governments to provide services and share costs, among other things, NOW, THEREFORE, in consideration of the obligations, covenants and terms expressed herein, the Governments agree as follows: Section 1 DEFINITIONS 1.1. "Agreement" means this Intergovernmental Agreement and its Attachments, Exhibits, etc., if any, which are attached hereto and incorporated herein by this reference. 1.2. "Equipment" means public safety communications equipment that is specified in Attachment "B" or that is subsequently added to this Agreement and used by the Governments. 1.3. "Department" means Pitkin County Technical Services Department. Section 2 ACCEPTANCE 2.1. The Customer accepts the Hourly Rate Method or Cost Allocation Method (circle one). These methods are explained in Section 7. 2.2. If any Customer wishes to accept the Cost Allocation Method, a list of Equipment will need to be provided to the Department by the Customer at the time of Agreement acceptance. A dollar amount cannot be calculated without the Equipment list. The list of Equipment will be part of this Agreement and will be shown as Attachment "C". The new calculation chart will be shown as Attachment "D". 2.3. The Customer agrees to accept the terms of this Agreement and to pay the prices set forth herein. The terms and conditions set forth in this Agreement and in the Attachments will become binding only when accepted in writing by the County. The term of this Agreement will commence on the date specified in the Agreement, including any Attachments. 2.4. The initial term of the Agreement shall be January 1, 2003 through December 31, 2003. See Section I 1.3 for renewals. Section 3 SCOPE OF SERVICES 3.1. The Department will provide the following technical services and will be named "Service(s)," herein. (i) Installation - items included are repeaters, base stations, control stations, pagers, and portable radios. Installation and/or removal of Equipment on emergency vehicles will be negotiated on a case-by-case basis. (ii) Maintenance - the Department will provide preventative and regular maintenance to Equipment when required by the Customer or Department. It will be up to the Customer to notify the Department when Equipment needs maintenance. (iii) Repair - if the Equipment no longer functions the way it was designed to, the Departmenl will repair the Equipment to the best of its ability. From time to time Equipment will need to be sent to a qualified repair vendor for various reasons, see Section 5. (iv) Support - the Department will provide support to the Customer for their Equipment. This includes, but not limited too, answering questions, giving options and/or advice, consulting, etc. (v) Training - the Department will provide user training to the Customer for their Equipment. (vi) Programming - the Department will program the Customer's Equipment. All Equipment will be programmed so that it is compatible with the communications system(s) and the Customer's needs. (vii) Other Services the Department can provide other Services not listed and will be negotiated on a case-by-case basis. Certain Services may require a more particular description or definition, or may reqmre detailed Statement(s) of Work. If particular descriptions or Statement(s) of Work are required, and are therefore attached to this Agreement, the Governments hereby agree to be bound by any additional terms included in the Attachments. 3.2. The Department may also provide additional sermces at the Customer's request. Such additional Services will be billed at the County's hourly rate set forth in this Agreement. 3.3. If the Equipment cam~ot, in the Department's or qualified vendor's opinion, be properly or economically serviced for any reason including excessive wear, unavailability of parts, the state of technology or the practical feasibility of the scope of Services as specified in the Agreement, the County may: (i) modify the scope of Services related to such Equipment; (ii) remove such Equipment from this Agreement; or (iii) increase the price to Service such Equipment. 3.4. All Equipment purchased by the Customer tba'ough the Department will be compatible with the current public safety communications system(s) and will automatically added to this Agreement. 3.5. If the Department is providing Services for Equipment: (i) recommended manufacturer parts and supplies will be used; (ii) the Equipment will be Serviced at levels set forth by the manufacturer's product manuals; and (iii) routine service procedures that are prescribed from time to time by the manufacturer for its products will be followed. 3.6. The Department will function as coordinator and advisor to the Customer regarding the acquisition of Equipment. 3.7. The Department will order Equipment at the Customer's request. The County will pay for the Equipment and the Department will bill the Customer, in full, for the Equipment. The purpose of this is to avoid late payments to the vendor. 3.8. Services will be performed by the Depamnent in a timely manner. Depending on the workload and resources of the Department at the time of a Service request by the Customer, some Services may require more time to address. If Equipment is not functioning and the Customer cannot perform its normal job duties without the Equipment and there are no other options for the Customer, these requests will be addressed immediately. Section 4 EXCLUDED SERVICES 4.1. Emergency vehicle radio, siren, lighting, gtm rack, radar, video and cell phone installations and removals are not covered by this Agreement. This means no new or used Equipment will be installed or removed from an emergency vehicle. Section 3 still applies to the Equipment. 4.2. Unless specifically set forth is this Agreement, Service does not include items that are consumed in the course of normal operations of the Equipment. such as, but not limited to, power supplies, batteries, antennas, belt clips, mics, chargers, etc. The Customer agrees to pay for these items, as needed. 4.3. Unless specifically set forth in or added to this Agreement, any specialized materials, supplies, programs, licenses, tools or equipment needed to perform a task assigned to the Department by the Customer is not covered by this Agreement. The Customer agrees to purchase such items if the Customer wishes the Department to Service that Equipment. Section 5 RIGHT TO SUBCONTRACT/ASSIGNMENT 5.1. The Department has the right to outsource to a qualified vendor any piece of Equipment that cannot be Serviced by the Deparm~ent and the Customer will pay all vendor costs associated with that piece of Equipment. The reason for this is time constraints on the Department, beyond the expertise of the Department, lack of proper testing and repair equipment, not cost-effective for the Customer or the County to repair the Equipment, or the Equipment is not familiar to the Department. Section 6 TIME AND PLACE OF SERVICE 6.1. Service will be provided at the Technical Services Department located at 515 E. Bleeker St. Aspen, CO. When the Department performs Service at the Customer's location, the Customer agrees to provide a safe working environment with full and free access to the Equipment. Hours of Service will be 0700 hours to 1700 hours, excluding weekends and holidays. After hours Service will be provided when the Customer cannot function in their normal duties and there are no other options available to temporarily alleviate the issue. Section 7 FEES AND PAYMENt[ 7.1. Hourly Rate Method: Unless otherwise stated in the Agreement, any Service provided to the Customer will be billed at a rate of $55 per hour. Travel time will be added to any Service call, if appropriate. Fractions of an hour worked will be billed as follows: 1 to 15 minutes - $0 per hour, 16 to 45 minutes - $27.50 per hour, 46 to 60 minutes - $55 per hour. A log of hours worked will be kept by the Department along with a description of the Service provided. Customer will be billed for Services and any other associated costs on a monthly basis. 7.2. Cost Allocation Method: Each piece of Equipment is wortl~ one hour of labor per year: therefore each piece of Equipment is worth $55 per year. For example, two radios are worth $110 per year. By adding all the Equipment together using this method you get a dollar sum. This dollar sum is then multiplied by $1.25 to get the total amount for the year. The $1.25 is for administrative time and miscellaneous materials and supplies, such as; wire, nuts, bolts, fuses, fasteners, etc. Attachment A shows an example of how this yearly amount is calculated. Attachment B shows the types of Equipment. Customer will be billed in the second quarter of the year for that set amount. This method also includes travel time. 7.3. The Department will be available for emergency call out outside the regular Service hours. Customer will be billed at $82.50 per hour. Travel time will be added to the call out. Fractions of an hour will be billed as follows: 1 to 15 minutes - $0 per hour, 16 to 45 minutes - $41.25 per hour, 46 to 60 minutes - $82.50 per hour. This applies only to the Hourly Rate Method. 7.4. The Hourly Rate and Cost Allocation Methods include minor materials and supplies, such as, wire, nuts bolts, fuses, fasteners, etc. Also factored in both methods are Department administration time, Department vehicle maintenance and supplies, and other duties not specified in this Agreement. 7.5. All invoices must be paid in full within thirty (30) days of receipt. A 2% late fee per month will be charged on all late payments. Section 8 DEFAULT/TERMINATION 8.1. If either party defaults in the performance of any of its obligations set forth in this Agreement and the default remains uncured for a period of thirty (30) days after receipt by such party of written notice from the other party detailing specific contractual obligation and the nature of the default theretmder, then the injured party, in addition to any other rights available m it under law, may immediately terminate this Agreement effective upon the giving notice in writing to the defaulting party. 8.2. Any termination of this Agreement will not relieve the party of obligations previously incurred pursuant to this Agreement, including but not limited to payments which may be due and owing at the time of termination. Upon effective date of termination, the County will have no further obhgation to provide Services. 8.3. All sums owed by the Customer to the County will become due and payable immediately upon termination of this Agreement. 8.4. In the event that any sum of money owed by the Customer is not paid when due and remains unpaid for a period of thirty (30) days after receipt by the Customer of written notice of such delinquency, the County may terminate this Agreement effective upon seven (7) days of written notice. Section 9 EXCLUSIVE TERMS AND CONDITIONS 9.1. Customer acknowledges that this Agreement supercedes all prior and concurrent agreements and understandings, whether written or oral, related to the Services performed. Neither the Agreement nor the Attachments may be altered, amended or modified except by written agreement signed by authorized representatives of both Governments. 9.2. In the event of a conflict between the main body of this Agreement and any Attachments, the main body of this Agreement will take precedence, unless the Attachment specifically states otherwise. 9.3. The Governments agree that the Department is a department of and under the supervision of the County. All employees of the Department are County employees. 9.4. The County hereby appoints the Pitkin County Sheriff, or his/her designee, as the administrator responsible for the Department. 9.5. The Governments agree and understand that the operations of the Departmem shall be managed by the Communications Director of the Aspen/Pitkin County Communications Center, who shall have the following authority, duties and responsibilities: (i) Responsibility for the day-to-day operations and long-range planning as directed and within the policy guidelines established. (ii) Employ and have power to discharge all Department personnel, subject to the requirements of the County personnel system. (iii) Prepare and recommend to the County and Customer an annual operating budget and provide financial activity reports. (iv) Apply for such grants, as are deemed necessary and desirable for the operation or upgrade of the communications system(s). (v) Facilitate regular meetings, the purpose of which is to coordinate technical and operational communmations issues and to share information about future technologies. 9.6. The acquisition of Equipment, including budgeting and procurement issues will be the responsibility of the Customer. The Customer shall consult the Department prior to the acquisition of Equipment. The Department will have conceptual approval over the acquisition of any piece of Equipment by the Customer. The reason for this is to ensure compatibility with the current communications system(s) and to ensure we can Service the Equipment. 9.7. In the event the Customer purchases Equipment that the Department was not consulted prior to the acquisition and the Equipment is unfamiliar to the Department and the Customer wishes to have the Department Service the Equipment then: (i) It will be up to the Customer, by whatever means, to provide training, manuals, materials, supplies, etc., to the Department personnel. (ii) Otherwise, the Equipment will not be added to the Agreement and the Department will not be responsible for Servicing that Equipment. 9.8. If the Customer purchases Equipment that is not compatible with the current communications system(s), the Customer will be solely responsible for finding a solution to this issue. Neither the County nor the Department will be held responsible for finding a solution if they were not consulted prior to the acquisition of that piece of Equipment. Section 10 MATERIALS, TOOLS AND EQUIPMENT 10.1. All tools, equipment, gauges, drawings, software programs or other materials paid for or furnished by the County for the purpose of this Agreement will be and remain the sole property of the County. The Customer will safeguard all such property while it is still in the Customer's custody or control, be liable for any loss or damage to such property and return to the County upon request. Section 11 GENERAL TERMS 11.1 Neither party is liable for delays or lack of performance from any causes such as material shortages, personnel shortages, or acts of God that are beyond that party's reasonable control. 11.2. If the Department provides Services after termination of expiration of this Agreement, the terms and conditions and any prices in effect at that time of the termination or expiration will apply to those Services. 11.3. It is the understanding of the Governments that this Agreement will be automatically renewed on an annual basis by the adoption of an annual budget for each successive year, which could include modifications of costs and equipment lists. The Department will notify the Customer of any modifications before the Customer's budget process. Since timelines on budget processes differ from agency to agency, it will be up to the Customer to notify the Department of a timeframe when budget is due. 11.4. As a County owned and operated system, all costs not specified otherwise herein, insurance, County administration, etc., shall be the responsibility of the County. Section 12 WARRANTY 12.1. The Department will perform all Services in good faith. The Customer will not be continuously billed for the same Service on the same piece of Equipment when the Department is at fault for not solving the Service request. 12.2. The Department will honor vendors' warranties. The Customer will need to provide the Department with all warranty information for Eqmpment Serviced, if necessary. AT, T: (f/~/~,~--~" BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO D,9~ty Clerk & Rec6~'der ' ' ' RECOMMENDED FOR APPROVAL: sHERIFF, S APPROVAL ':' ~"' Robert C Braudis - - ~ Communications Director Pitkin County Sheriff Date: ,~ 1'7 3 Date: c....-, r"~. ~) "~ APPROVED AS TO FORM: CITY OF ASPEN CounTy Attorney o~,. ¢'c Ba~ wick · /l~-TCity Manager Date:- ~..~7/~ f,/~5~ Date: ATTACHMENT "B" EQUIPMENT LIST AND DEFINITIONS REPEATERS (generally located on mountain tops with antennas mounted on towers) BASE STATIONS (located on mountain tops or in buildings with antennas) CONTROL STATIONS (located in buildings, includes dc/tone remotes & stand alone mobile radios on power supplies) PORTABLE RADIOS (VHF, UHF, 800 MHz, Aviation, Citizen Band) MOBILE RADIOS-TRUNK MOUNTED (two-piece with control head separate from main radio) MOBILE RADIOS-DASH MOUNTED (one-piece with control head include with main radio) PAGER (alphanumeric, numeric or voice) LIGHTBAR (roof mounted lights or dash/rear mounted lights) STROBES/WIGWAGS (all additional lighting on emergency vehicles) SIREN CONTROL HEAD (siren and/or lightbar switch box) SIREN (outside speaker to control head) CELLULAR-MOBILE (two-piece with handset includes antenna) RADAR (dash mounted speed detector) VIDEO (in vehicle recording unit) GUN RACK (trunk or inside roof mounted to control head)