HomeMy WebLinkAboutResolution 2017-057 Approving IGA PCWIN subscriber services MARANA RESOLUTION NO., 201.7-057
RELATING TO PUBLIC SAFETY; APPROVING AND AUT14ORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN' THE TOWN OF
MARANA AND PIMA COUNTY FOR PIMA COUNTY WIRELESS INTEGRATED
NETWORK (PCwIN) SUBSCRIBER SERVICES
WHEREAS Pima County has implemented a regional public safety communications
network known as the Pima County Wireless Integrated Network (PCwIN); and
WHEREAS the Town has agreed to participate in the PCWIN Communications Network;
and
WHEREAS the County, is willing to provide communication service and equipment
maintenance to the Town for the Town's PCWIN-related equipment; and
WHEREAS the parties are authorized by A.R.S. §11-951 et seq. to enter into an IGA for
the joint exercise of powers; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the Town of Marana to enter into this IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana and
Pima County for Pima County Wireless Integrated Network (PCwIN) subscriber services, in
substantially the form attached to and incorporated by this reference in this resolution as Exhibit
A, is hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the
Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the intergovernmental agreement.
00052790J)0CX/I
Marana Resolution No.2017-057
PASSED AND ADOPTED by the Mayer and Council of the Town of Marana, Arizona,
this loth day of June, 2017.
/wl ��O
Mayor Ed oned I'
ATTEST: APPROVED A I.J.) FORW
f.
celyn C. onson, Town Clerk Fr Ca `dy, Town A r ey
MARANA AZ
F.STABI€ IS14ED 1977
00052790.DOCX I1
Marma ResolUtion No.2017-057 - 2 -
PIMA COUNTY WIRELESS INTEGRATED NETWORK
PROJECT: SUBSCRIBER SERVICES
GRANTEE: TOWN OF MARANA
CONTRACT NO.: CTN-WIN-
ESTIMATED ANNUAL REVENUE:
TOTAL CONTRACT AMOUNT NOT
TO EXCEED: 21067.45
...................
INTERGOVERNMENTAL AGREEMENT
FOR PCWIN SUBSCRIBER SERVICES BETWEEN
PIMA COUNTY AND TOWN OF MARANA
THIS INTERGOVERNMENTAL AGREEMENT (Agreement), is made and entered into by and
between Pima County, a political subdivision of the State of Arizona ("County") and Town of
Marana ( hereafter referred to as "Agency") pursuant to A.R.S. §11-952 et seq.
WHEREAS County and Agency may contract for services and enter into agreements with
one another for joint or cooperative action pursuant to A.R.S. §§11-951 through 11- 954 and 41-
2631 through 41-2634; and
WHEREAS County h a s implemented a regional public safety communications network known
as the Pima County Wireless Integrated Network ("PCW)V'}; and
WHEREAS Agency has agreed to participate in the PCWIN Communications Network; and
WHEREAS Agency desires to use radio subscribers on PCWIN and does not have the ability
to maintain same; and
WHEREAS County has facilities and resources to maintain and service PCWIN
subscriber equipment; and
WHEREAS County is willing to provide communication service and equipment maintenance to
Agency.
NOW, THEREFORE County and Agency agree as follows:
1. Purpose
The purpose of this Agreement is to set forth the responsibilities of the parties and provide
communication service and equipment maintenance to Agency.
Page 2 of 8
2. scope
2.1. County, through its P C W I N , Wireless Services Division, will provide
communication equipment maintenance to Agency at 1313 South Mission Road,
Building 27S, Tucson, Arizona, 35713. County will only provide communication
equipment maintenance to PCWIN communications equipment owned or leased by
Agency, and all affected equipment must be clearly narked or identified as such.
2.2. County guarantees communication equipment maintenance work for ninety (00) days
and will pass on to Agency any parts warranty provided by the manufacturer. If
County communication equipment maintenance work or replacement parts fail in
normal service within that period, County will make additional repairs at no additional
charge to Agency. County provides no other express warranty on communication
equipment maintenance work. Any implied warranty of merchantability or fitness is
limited to the ninety (00) day duration of this warranty.
2.3. Agency is liable for all damages to the County facility caused by Agency in the course
of maintaining the Agency's communication equipment, except for damages that
result from the sole negligence of County.
3. Payment
3.1. county w i I I bill Agency monthly through the finance Department, revenue
Management Division for maintenance services. This service will be billed in
arrears of the service provided. CA.irrent rates are outlined in Exhibit A. Exhibit B
requires Agency to opt for either monthly or time and materials billing; provided,
however, that Agency may opt for both monthly and time and materials payment.
Agency will pay county within thirty (30) days of receipt of county's bill.
3.2. if, after ten (10) days additional written notice to Agency, it fails to pay the full
amount due, county may terminate this Agreement immediately upon written
notice to Agency.
3.3. county reserves the right to increase the rates set forth in Exhibit A as applicable
to Agency, if county's actual costs for labor or materials increase. County will provide
sixty (00) days' written notice of any increase in rates or charges to Agency.
4. Term and Termination
4.1. County and Agency will within their lawful methods of financing provide for
payment of the costs and expenses of their obligations arising each year under this
Agreement from current annual budgeted funds for that year.
The initial term of this Agreement begins upon the signing of this Agreement by both
Parties (the "Effective Date") and is effective for five (5) years unless otherwise
terminated in accordance with 4.3 below. This agreement may be renewed for additional
(5) five-year terms as long as Agency maintains its membership in PCWIN.
Notwithstanding the foregoing, this Agreement automatically terminates upon dissolution
of the PCWI N Cooperative.
Page 2 of 8
Agency May select a new maintenance option, Monthly Maintenance or Time and
Material, by written notice to County annually by March 30"'. Any changes that result in
a reduction in the approved budgeted amount will be effective July V3,t of the following
fiscal year, If Agency desires no changes, the existing maintenance will remain in
effect.
4.2. Notwithstanding any other provision in this Agreement, this Agreement may be
terminated if for any reason the Pima County Board of Supervisors or Agency's
governing body do not appropriate sufficient monies for the purpose of
maintaining this Agreement. In the event of such cancellation, County will have no
further obligation to Agency, and Agency's only obligation to County will be payment
for services rendered and the satisfaction of any other obligations under this
Agreement
4.3. Either party may terminate this Agreement by issuing a written notice of its intention
to terminate this Agreement at least one hundred eighty (180) days prior to the
anniversary of the Effective Date.
5. Severability
Each provision of this Agreement stands alone, and any provision of this Agreement found
to be prohibited by law is ineffective to the extent of such prohibition without invalidating the
remainder of this Agreement.
6, Indemnification
Each party (as "Indemnitor") agrees to indemnify, defend, and hold harmless the other party
(as "Indemnitee") from and against any and all claims, losses, liability, costs, or expenses
(including reasonable attorney's fees) (hereinafter collectively referred to as "Claims") arising
out of bodily injury of any person (including death) or property damage, but only to the extent
that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by
the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers,
officials, agents, employees, or volunteers.
In addition, Agency w 111 indemnify, defend, save and hold harmless Pima County, any
jurisdiction or agency issuing any permits for any work arising out of this Agreement, and
their respective directors, officers, officials, agents, and employees (hereinafter referred to
as "Indemnitee") from and against any and all claims, actions, liabilities, damages, losses, or
expenses (including court costs, attorneys' fees, and costs of claim processing,
investigation and litigation) (hereinafter referred to as "Claims") for bodily injury or personal
injury (including death), or loss or damage to tangible or intangible property caused, or
alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of
Agency or any of the directors, officers, agents, or employees or contractors of
A g e n c y . This indemnity includes any claim or amount arising out of or recovered
under the Workers" Compensation Law or arising out of the failure of A g e n c y to
conform to any federal, state or local law, statute, ordinance, rule, regulation or court
decree. It is the specific intention of the parties that the Indemnitee will , in all
instances, except for Claims arising solely from the negligent or willful acts or omissions of the
Indemnitee, be indemnified by Agency from and against any and all claims. Agency will
Page 3 of 8
be responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable.
`r Americans With Disabilities Act
Agency will comply with all applicable provisions of the Americans with Disabilities Act (public
Law 101-330, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act,
including 28 CFR Parts 35 and 30.
8. cancellation For conflict Of Interest
This Agreement is subject to cancellation for conflict of interest pursuant to ARS § 38- 511,
the pertinent provisions of which are incorporated into this Agreement by reference.
9. No Joint venture
It is not intended by this Agreement to, and nothing contained in this Agreement will create any
partnership, joint venture or employment relationship between the parties or create any
employer-employee relationship between County and any of Agency's employees, or
between Agency and any county employees. Bone of the parties are liable for any debts,
accounts, obligations or other liabilities whatsoever of the other party, including (without
limitation) Agency's and County's obligation to withhold Social Security and income taxes for
itself or any of its employees.
10. Insurance.
10.1. Coverages. Subject to section 10.5 below, the Parties to this Intergovernmental
Agreement will obtain and maintain at their own expense, during the entire term of this
Agreement the following type(s) and amounts of insurance:
10.1.1 Commercial General Liability. Coverage shall be at least as broad as ISO form
CG 00 01 in an amount not less than $2,000,000.00, endorsed to include
County as an additional insured with coverage at least as broad as ISO form CG
2010.
10.1.2 Commercial General Automobile Llabilit , Coverage shall be at least as
b r o a d as ISO form CA 00 01 in an amount not less than $1,000,000.00 for
vehicles actually used in the operations at the Premises (as compared to use
for simple commuting).
10.1.3 Workers' Compensation. Statutory limits, with Employers' Liability
coverage in an amount not less than $1,000,000.00 per injury, illness, or
disease.
10.1.4 Property. Property insurance covering the Party's real and personal
property.
10.2. Changes to insurance Re uirements. County retains the right to reasonably
Page 4 of 8
increase the limits or types of coverage from time to time as determined in the best
interests of County by Pima County Risk Management.
10-3. 'Waiver of Subrog,ation. Each Party waives its claims and subrogation rights
against the other for losses typically covered by liability or property insurance
coverage.
10-4. Certificates of Insurance. The Parties w i I I provide each other with current
certificates of insurance within thirty (30) days of the execution of this
Intergovernmental Agreement. All certificates of insurance must provide for
guaranteed thirty (30) days written notice to all Parties to this Intergovernmental
Agreement of cancellation, non-renewal or material change.
10.a. Self-Insurance Pool. The requirements of this Section 10 above may be alternatively
met by the Parties through self-insurance or participation in a governmental insurance
risk pool, at no less than the minimal levels set forth in this article. If applicable,
Parties to this Intergovernmental Agreement will provide all other Parties with
certificates of self-insurance under A.R.S. §§ 11- 261 and 11-981 (or if a school
district, § 15-382) or documentation of participation in an insurance risk pool
pursuant to A.R.S. § 11-952.01, (if a school district, § 15382) within thirty (30) days
of the execution of this Intergovernmental Agreement. All certificates must provide
for guaranteed thirty (30) days' written notice to all other Parties of cancellation, non-
renewal or material change.
11 Compliance with Laws
The parties will comply with all federal, state, and local laws, rules, regulations, standards and
Executive Orders, without limitation. In the event any services provided under this Agreement
require a license issued by the Arizona Registrar of Contractors (ROC), County certifies that
those services will be provided by a contractor licensed by ROC to perform those services in
Arizona. The laws and regulations ,of the State of Arizona govern the rights, performance and
disputes of and between the parties. Any action relating to this Agreement must be filed and
maintained in a court of the State of Arizona in Pima County. Any changes in the governing
laws, rules, and regulations during t h e t e r m o f t h i s agreement apply, but do not require an
amendment.
12, Non-Discrimination
Agency agrees to comply with all provisions and requirements of Arizona Executive Order
2009-09 which is hereby incorporated into this agreement as if set forth in full herein_jMqLLLdjDq
o do ..........2f all - Proyis-ionse 'ren o
jenis _ .tg,. ,g0,y _s.Utg..ntrAcjgrs. During the
performance of this agreement, Agency w i I I not discriminate against any employee, client or
any other individual in any way because of that person's age, race, creed, color, religion,
sex, disability or national origin.
13. No Third Party Beneficiaries
Nothing in this Agreement is intended to create duties or obligations to or rights in third parties
not parties to this Agreement or affect the legal liability of either party to the Agreement by
Page 5 of 8
imposing
any standard of care with respect to the maintenance of public facilities different from the
standard of care imposed by law.
14, Workers' Compensation
Agency will comply with the notice of A.R.S. §23-1022 (E). For purposes of A.R.S.
§23-1022, Agency is considered the primary employer of all personnel currently or hereafter
employed by A g e n c y, irrespective of the operations of protocol in place, and A g e n C y
h as the sole responsibility for the payment of Workers' Compensation benefits or other
fringe benefits of its employees.
15. Notice
Any notice required or permitted to be given under this Agreement must be in writing and
be served by personal delivery or by certified mail upon the other party as follows:
COUNTY:, TOWN OF MARANA:
Rick Brown
PCWIN, Wireless Services
Manager
1313 S. Mission Road
Building 27S
Tucson, AZ 85713
520-724-7574
Rick.Brown@pima.gov
16. Entire Agreement
This document constitutes the entire agreement between the parties pertaining to the subject
matter hereof, and all prior or contemporaneous agreements and understandings, oral or
written, are hereby superseded and merged herein. This Agreement may be modified,
amended, altered or extended only by a written amendment signed by the parties.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 6 of 8
IN WITNESS THEREOF, the parties have affixed their signatures to this Agreement on the date
written below.
PIMA COUNTY TOWN OARANA
Chair, Board of Supervisors Authorized Officer Signature
Date Printed Name and Title
Date
ATTEST
Clerk of Board
Date
RECOMMENDED FOR APPROVAL:
Executive Director, Pima County Wireless Integrated Network
Date
Page 7 of 8
INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing Intergovernmental Agreement between Pima County and Town of Marana
has been reviewed pursuant to kR.S. § 11-952 et seq. by the undersigned, who have
determined that it is in proper form and is within the powers and authority granted under the
laws of the State of Arizona to those Parties to the Intergovernmental Agreement
represented by the undersigned.
PIMA COUNTY:
Deputy County Attorney, Civil Division
Date
AGENCY NAME: TOWN OF MARANA
Print Name, Title
Signature
Date
Page 8 of 8
EXHIBITA
PCWIN Wireless Services
Monthly Subscriber Ma'infenance Services
ITEM PRICE
Subscriber Services Provided;
• Programming
• New radio activation
• Basic troubleshooting
• Load/remove encryption key $8.00 per radio,Monthly fee
• Radio inhibit(lost or stolen)-Documentation
will need to be provided
• Loaner radio during radio repairs, if available
Parts/accessories replaced;
• Knobs
4 Belt dips
• Batteries No Charge
• Antennas
• Dust Covers
• Single Unit Desk Chargers
• Dual Head Conversion Kits
Radio Reactivation/D� �n �50 p+�r oGcurr�hc+�,�er radi+�
EdEx Shy Etat ...........
v
Air n u a re
11en' a v :tvl a nt n i� N Charge
Preventative Maintenance includes:
Portable Radios
►1 inspect and clean No Charge
Test/tune radio to factory
specifications
Mobile Radios
Inspect and clean
f Pre/post inspection of vehicle
Test coax and antenna
V Removal and installation of radio
Test/tune radio to factory
specifications
Control Station
v' Inspect and clean
Test/tune radio to factory
specifications
NOTES
1, Motorola depot cost(s)and applicable taxes are the responsibility of the agency.
2. Damage caused by physical abuse,chemicals,or liquids are NOT covered,
3. Covered replacement parts are a 1 for 1 swap;damaged/malfunctioning parts must be turned in to
y receive replacement,
4. Lost or stolen parts will be charged to the agency/department,
5. Repair or replacement of coax and wiring is not covered.
I of 2
EXHIBIT A
PCWIN Wireless Services
Time and Material Subscriber Maintenance Services
'ITEM PRICE
Subscriber-Services Provided,_
• New radio activation
• Reprogramming repaired radio
• UID changes
• Talkgroup changes
• t"leetmap modification $40•00 per hour,Ihour minimum charge
• Load/remove encryption key
• Radio inhibit(lost or stolen). Documentation Will
need to be provided
Radio aeGtivtol / ctivtor ice $50 per occurrerc p �r`radit�
FedEx Shipping Flit RcIte-Fe $ o
Mileage $1.16 per mi e,
�nn��I Pru nat �� �� r�t��i
-------------
20 er ra
Via,:.
T&M Subscriber Services customers are required to have an
annual preventative maintenance check performed on their
radios which includes:
Portable Radios
V Inspect and clean
v/ 1"est/tune radio to factory specifications
Mobile Radios
v' Inspect and clean
V Pre/post inspection of vehicle
V Test coax and antenna
V Removal and installation of radio
v/ Test/tune radio to factory specifications
Control Station
►I Inspect and clean
v/ Test/tune radio to factory specifications
NOTES
1. Motorola depot cost(s)and applicable taxes are the responsibility of the agency=
2. Parts and materials used for repairs Will be billed at current approved rate.
Mileage computed from PCWIN Wireless Services, 1313 S.Mission Road,Tucson,AZ
2 of 2
EXHIBIT B
Agency Name Town of Marana
County or COT Maintenance County
Monthly/T&M Both T&M
#of Mobiles 0
#of Portables .1
#of Control Stations 0
#of DVRSs Q
Totals 11
its .;�.•: f�:'-:.;':�':`.;}i�`=.:.:-.;_..;5:e-.
Mobiles 0 $ w
Portables p $
Control Stations o $ --
DVRs D $ -
Totals o $
.....:..::..
is
.......- .,.::.
..... ......
......:.,.
... .......::
'
•
.A
.t
.. �rin•ti .�..• .<vr'.��.T•MS•Nir%........1w4...�rA•�_:_•.__—..r,r.+wl.vr.....�,a,.-...:w4.....i-�.wl•.m• ��
a.....��..•.......`�..................................... .-_�.�.-- wwn+rv.r.�Jw�.w..i
Mobiles 0 $
Portables 11 $ 220.00
Control Stations 0 $ M
INRs 0 $ w
Totals 11 $ 220"00
•Z� ?4,n
,
�''�}
t .
*Additional programming fees may be incurred as additional radios are added to the PCWlN network.
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