IGA; Boulder County Board of County Commissioners, 20th Judicial District of CO; Telecommunications system; Exp 12/31/2009
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AGREEMENT
CONCERNING TELECOMMUNICATIONS SYSTEM
THIS AGREEMENT is between the Board of County Commissioners of the
County of Boulder, State of Colorado, hereinafter referred to as the "County,"
the City of Boulder, State of Colorado, hereinafter referred to as the "City,"
and the Twentieth Judicial District of the State of Colorado, hereinafter
referred to as "Judicial District."
RECITALS
WHEREAS, a telecommunications system is operated by and staffed with
County personnel, with the City, the County and the Judicial District sharing
the costs of operation;
WHEREAS, more efficient service to all parties may be maintained by a
shared system;
NOW, THEREFORE, the County, the City and the Judicial District in
consideration of the recitals, promises and covenants hereinafter set forth,
do hereby agree as follows:
ARTICLE 2
TERN OF AGREENENT
This Agreement will be in effect from January 1, 2009 until December 31,
2009. The parties recognize that funding for all parties is contingent upon
funds for that purpose being appropriated, budgeted or otherwise made
available. The parties believe that funds will be available for the full term
of the agreement.
ARTICLE II
PROVISION OF SERVICES
The County agrees to fund and maintain a Telecommunications organization
consisting of a Telecommunications Manager and such clerical and technical
staff necessary to provide reasonable service. Staffing levels will be
reviewed and approved as described elsewhere in this document. The County
agrees to provide facilities for staff and shared equipment.
The County shall operate a "telecommunications system" (the System)
consisting of a PBX (private branch exchange), several remote components that
OFFICIAL CENTRAL RECORDS COPY
20080908-4222
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operate in conjunction with the PBX, microwave communications links, buried
cables, building wiring, local exchange connection facilities {Qwest
facilities such as trunks, Off-Premise Extensions, T-1 links, and the like),
long distance facilities, a voice mail system, automatic call distribution
system, and other equipment/services.
The Users Committee as described in Article V will be responsible for
representing the needs of the parties to this agreement if these needs are not
communicated directly to the Telecommunications Manager. Requests for
service(s) shall be directed to the Telecommunications Manager for evaluation
and planning/budgeting and for presentation to the Users Committee.
The County will maintain escrow accounts for the City and Courts. The
Users Committee will monitor the escrow accounts and approve service billing
rates in collaboration with the Telecommunications Manager to maintain
adequate balances for the operation of the System.
ARTICLE III
OPERATIONAL COSTS OF SYSTEM
All actual operating costs associated with the System, including office
costs, leased lines/trunks and telephone system maintenance, will be shared on
an actual monthly basis by all parties proportionate to the share of ownership
established in Article VI. Operating costs for leased lines/trunks/off-premise
extensions and telephone system maintenance that serve a facility of one party
only will be paid by that party. Ownership of equipment is delineated in the
Exhibits. All moves, changes, and long distance costs will be billed monthly
to the appropriate party receiving service. New installations and equipment
purchases to be shared by all parties will be approved jointly by the Board of
County Commissioners and the representatives of the City Manager, and the
Judicial District Administrator. Major new installations and equipment
purchases made by two or less of the parties need not be approved by the City
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Manager, the Board of County Commissioners, and the Judicial District
Administrator, but only require the approval of each party requesting the new
installation or equipment purchase. All initial costs for major additions to
the Telecommunications System will be shared by all parties in proportion to
the share of ownership established in Article VI if jointly purchased, or will
be the sole responsibility of the requesting party if not jointly purchased.
Costs arising from necessary repairs of damage to any jointly owned
equipment, constituting "the remainder of the system" under Article VI, shall
be shared by all parties in proportion to the share of ownership established
in Article VI. Each party's obligation to pay its share of the costs shall be
subject to appropriation of sufficient funds, it being understood that each
shall make good faith efforts to have sufficient funds appropriated. Failure
to pay such cost shall be considered a termination of the agreement as covered
in Article VIII. Such costs include, but are not limited to, those arising
from damage due to weather, water, heat, cold, acts of nature, and vandalism.
Such costs shall be paid as soon as reasonably possible after billing. Failure
to pay such costs will constitute a termination of telecommunications service
on the Equipment which is not considered "remainder of the system", but is
owned by one or two of the parties, shall be repaired at the expense of the
owners according to the proportion of ownership.
ARTICLE IV
COST OF ADNINISTRATION AND TELECONMUNICATIONS PERSONNEL
The parties hereto agree that the costs of administration of the
Telecommunications System, including the salaries and benefits of the
Telecommunications organization, will be shared according to an equal annual
assessment per telephone port on all equipment regardless of ownership,
including Nortel and Cisco equipment and will be billed monthly. Any proposed
increase in the number of personnel will be referred to the Users Committee
for its recommendation. Such increase will require the joint approval of the
City Manager, the Board of Commissioners, and the Judicial District
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Administrator.
ARTICLE V
VSERS COMMITTEE
A committee of users (Users Committee) of the Telecommunications System
will be appointed consisting of six voting members, approximately
representative of the percentage of ownership of the System.
The City will appoint two voting representatives; the County, three
voting representatives; and the Twentieth Judicial District, one voting
representative. The Telecommunications Manager of the County's
Telecommunications organization shall be an ex-officio non-voting member of
the committee. The Telecommunications Manager will convene meetings when
necessary and schedule a meeting of the Committee when requested by any party
to this Agreement with at least ten i10) days notice to the other parties. A
quorum shall consist of four members, which shall include at least one
representative from each of the parties. In the event a deadlock in voting
occurs, a new vote will be taken after at least 24 hours has passed. If after
that vote, a deadlock still occurs, that vote shall be taken as a negative
vote on the issue.
The duties of the Users Committee shall be:
a. Make recommendations to the City Manager, County Commissioners,
and Judicial District Administrator;
b. Plan, review, and approve significant changes to the System;
c. Formulate major policy decisions related to the operations of the
System;
d. Review and approve system-wide installations, acquisitions, and
services jointly purchased by all parties;
e. Review, approve, and prioritize any changes, additions, or
deletions to the proposed annual work plan of Telecommunications
organization;
f. Prioritize and make part of the annual work plan the requests of
individual parties to the agreement that have a system-wide
impact;
g. Provide input to the County's Information Technology Division for
an annual performance evaluation of the Telecommunications
organization;
h. Determine the need, approve the selection and monitor the
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performance of any consultant(s) which may be retained for system-
wide services.
It shall be the responsibility of the Telecommunications Manager:
a. To hold meetings of the Users Committee as necessary and schedule
meetings of the Users Committee when requested by any party to
this Agreement with at least ten (10) days notice to the other
parties;
b. To provide existing reports on the County/City/Courts escrow
account as requested;
c. To submit an annual work plan with proposed schedule and
completion dates to the Users Committee for its approval and
prioritization, or for any changes, additions, or deletions to the
proposed plan that the Committee deems necessary no later than
January 31 of each year.
ARTICLE VI
OWNERSHIP
It is agreed each party will own its own phone sets, equipment, wiring,
and infrastructure that serves only its premises, and an undivided interest,
expressed as a percentage, in the remainder of the system, which percentage of
ownership shall be calculated by dividing the number of ports (telephone
extensions as defined in the Nortel PBX and Cisco Call Manager) used by each
party into the number of lines operational in both systems. The specific
components and their ownership are delineated in the Exhibits attached.
The "remainder of the system" consists of that equipment purchased and
available for use by all the parties and does not include telecommunications
equipment which has been or might hereafter be approved and purchased for use
by less than all of the parties.
Due to substantial system upgrades and the addition of new equipment, a
need may arise from time to time to set forth a list of equipment which shall
be considered "remainder of the system" subject to the ownership interest for
each party as set forth in this Article and a list of equipment which shall be
owned by the less than all the parties to this Agreement. Equipment lists
shall be attached as Exhibit A, B, C, D, and E.
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ARTICLE VII
INDEPENDENT CONSULTANT SERVICES
Any party, if it so desires, may retain independent consultant services
concerning telecommunications, but shall be solely responsible for the
associated costs and scheduling of such services so as not to interfere with
the annual work plan approved by the Users Committee.
ARTICLE VIII
TERMINATION OF TELECOMMUNICATIONS SYSTEN CONTRACT
Any party desiring to terminate its participation in this agreement may
do so without penalty or damages upon giving written notice to the other
parties by certified mail one (1~ year in advance of the termination date.
A party which, without providing one year's advance notice to the
parties and without the consent of all the other parties, terminates
telecommunications service or fails to make payments, shall reimburse the
remaining parties for any and all costs which they may incur as a result of
that termination or non-payment for one year following the date of termination
or non-payment. Such costs include but are not limited to the costs of
maintaining and staffing the "telecommunications system".
Non-payment due to funds not being appropriated, budgeted, or otherwise
made available is deemed a termination of participation and, unless notice is
given to the other parties one year in advance as required above or the
remaining parties consent in writing, the terminating party is obligated as
stated in the preceding paragraph.
Any party terminating its participation in this agreement shall be
entitled to retain individual telephone instruments and auxiliary equipment
directly connected to the telephone and any equipment, wiring, or
infrastructure purchased solely by that party and not considered to be part of
the "remainder of the system". Any party terminating its participation in
this agreement is not entitled to any of the monies in the joint
County/City/Courts escrow account nor to any of the equipment purchased
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jointly by the parties. The party terminating its participation in the
agreement shall forfeit all right and claim to its interest in the "remainder
of the system".
Termination or non-payment by one party shall not terminate the
agreement between the remaining parties.
ARTICLE IX
OTHER CONSIDERATIONS
This agreement may be altered, amended, or repealed only by the mutual
agreement of all parties by duly executed written instrument.
Any provision of this agreement which may be rendered null and void
shall not invalidate the remainder of the agreement to the extent the
remaining agreement is capable of execution.
The services provided under this agreement by the County may not be
assigned or subcontracted by the County without the prior written consent of
the other parties.
n~.
DATED this ~ day of ~C~,o~F- 2008.
* S~- C.D,h
~ BOARD OF COUNTY COMMISSI E
ATTEST: ~ OF BO
,TebE~OUNTY ~ ,
by
Clerk to the Board Chairman
ATTEST: CITY O BOULDER
_ b `
Ci y Manager
TWENT ETICIAL DISTRICT
Judicia District
Administrator
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EXHIBIT A
The following equipment shall be considered "remainder of the system"
subject to the ownership interest for each party as set forth in Article VI of
the Agreement:
a. Nortel Option 81C (main Boulder switch), with Release 25 software
located at the Justice Center, 6th and Canyon, Boulder, Colorado.
b. Nortel Meridian Voice Mail System supporting 56 ports and 240 hours
of storage located at the Justice Center.
c. Rockwell DS3 microwave equipment at the Nortel Option 81 at the
Justice Center to the Gunbarrel repeater site.
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EXHIBIT H
The following equipment shall not be subject to the ownership
requirements of Article VI of the Agreement, but are owned entirely by the
County:
a. Cisco Call Managers and Unity voice mail equipment installed at all
County locations.
b. ISI Call Accounting system installed at the Courthouse.
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EXHIBIT C
The following equipment shall not be subject to the ownership requirements of
Article VI of the Agreement, but are owned entirely by the City.
a. Nortel Option 11C at the Public Safety Building, 1805 33rd Street,
Boulder, Colorado, installed in 2001.
b. Nortel Option 11C at the Municipal Building, 1777 Broadway, Boulder,
Colorado, installed in 2001.
c. 900 pair buried cable from the Nortel Option 81 at the Justice Center
to the Library, 1000 Canyon; Senior Center, 909 Arapahoe; Municipal
Building, 1777 Broadway; Park Central Building, 1739 Broadway; and
New Britain Building, 1101 Arapahoe.
d. 200 pair buried copper cable installed from Municipal Building to
Atrium in 1993.
e. Nortel Option 11 at City Yards, Boulder, Colorado, installed in June
1996.
f. Nortel Option 11 at the Iris Center, Boulder, Colorado, installed in
August 1996.
g. Nortel Option 11C at Parking, 1500 Pearl Street, Boulder, Colorado,
installed in 1996.
h. Nortel Option 11C at 75`° Street Water Treatment Plant, 4049 75`°
Street, Boulder, Colorado, installed in 1997.
i. Nortel Option 11C at 63" Street Water Plant, 5605 N. 63`° Street,
Boulder, Colorado, installed in 1998.
j. Nortel Option 11C at Forsberg, 7315 Red Deer Drive, Boulder,
Colorado, installed in 1998.
k. Nortel Option 11C at the East Boulder Community Center, 5660 Sioux
Drive, Boulder, Colorado installed in 2D05.
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EXHIBIT D
The following equipment shall not be considered "remainder of the
system" subject to the ownership requirements of Article VI of the Agreement,
but are owned entirely by the Courts.
1. Nortel Option 11C at the Longmont Courthouse, 1035 Kimbark Street,
Longmont, Colorado installed in 2004.
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EXHISZT E
The following equipment shall not be considered "remainder of the
system" subject to the ownership requirements of Article VI of the Agreement,
but are owned entirely by the City and the County.
a. Rockwell DS3 microwave equipment from the Gunbarrel repeater site to
the Option 11 at the Public Safety Building. The City owns 90~ of
the equipment and the County owns lOB of the equipment.
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