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HomeMy WebLinkAboutResolution to authorize execution of an Interlocal agreement between Kittitas County and KITTCOMKittitas County Board of County Commissioners AGENDA STAFF REPORT Agenda Date: March 5, 2019 Action Requested: Adopt a resolution to authorize execution of an Interlocal agreement between Kittitas County and KITTCOM for Reciprocal Fiber Optic and Information Technology Transport Collaboration Background: Kittitas County has a franchise agreement with Zayo which provides the county dark fiber through Ellensburg to Vantage.That dark fiber does not enter the courthouse or other county managed facility so it cannot be accessed or used by the county.The county wishes to make use of the fiber to connect to the KVFR Fire Station 29 for emergency operations, and to the Ryegrass Landfill. Kittitas County has multiple other agreements for access and use of dark fiber throughout the county. KITTCOM has identified need for IT transport to Snoqualmie Pass and to Vantage.The county and KITTCOM wish to collaborate on IT transport and exchange KITTCOM connecting the county to the Zayo dark fiber inside KVFR Fire Station 29 for the use of unused spectrum on dark fiber available to and used by the county. Both KITTCOM and Kittitas County IT find this agreement mutually beneficial. Interaction: Prosecuting Attorney's Office (SR#44997) Darlene Mainwaring, KITTCOM Recommendation: Adopt the resolution and execute the Interlocal agreement for Reciprocal Fiber Optic and Information Technology Transport Collaboration. Handling: Return 1 signed copies of the agreement to Jim Goeben. Attachments: Resolution 2 copies of the agreement previously signed by KITTCOM Administrative Board Lead Staff:Jim Goeben, IT Director BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2019- RESOLUTION TO AUTHORIZE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTCOM FOR FIBER OPTIC AND INFORMATION TECHNOLOGY TRANSPORT COLLABORATION WHEREAS, RCW 39.34, the Interlocal Cooperation Act, provides the capability for public agencies to cooperate for mutual advantage; and WHEREAS, Kittitas County, through the Kittitas County Information Technology Department supports the business needs of Kittitas County by providing appropriate technology tools, solutions, and assistance; and WHEREAS, there is any opportunity to improve network related activities throughout Kittitas County through a collaboration of resources between KITTCOM and the Kittitas County Information Technology Department; and WHEREAS, the collaboration is in the best interest of the County and should occur in the manner detailed in the Agreement that is attached hereto and incorporated herein by reference. NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Kittitas County, Washington, hereby authorizes execution of an Interlocal Agreement with the KITTCOM that is attached hereto, and incorporated herein by reference. DATED this day of 2019, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Attest: Brett Wachsmith, Vice-Chairman Clerk of the Board,Julie Kjorsvik Laura Osiadacz, Commissioner Deputy Clerk of the Board, Mandy Buchholz AGREEMENT BETWEEN KITTITAS COUNTY AND KITTCOM FOR RECIPROCAL FIBER OPTIC AND INFORMATION TECHNOLOGY TRANSPORT COLLABORATION This Agreement is made by and between Kittitas County, Washington, a political subdivision of the State of Washington (the "County"), and KITTCOM, a Washington municipal corporation ("KITTCOM"). WHEREAS, the County is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 36; and WHEREAS, KITTCOM is a multi-jurisdictional public safety answering point services provider jointly and cooperatively created and administered by various public agencies in Kittitas County under the authority of an Interlocal Cooperative Agreement executed pursuant to RCW Chapter 39.34; and WHEREAS, the County and KITTCOM wish to enter into an agreement to facilitate collaboration on Fiber Optic and Information Technology transport services; and WHEREAS, the County's Board of County Commissioners authorized the execution of this Agreement by action taken at a regular meeting; and WHEREAS, KITTCOM's Administrative Board authorized the execution of this Agreement by action taken at a regular meeting; and NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the County and KITTCOM will collaborate on Fiber Optic and Information Technology transport services. ARTICLE II SERVICES 2.01 Services. The County shall provide KITTCOM with use of certain fiber optic strands and co-location space for equipment. KITTCOM shall provide the County with the provisioning and maintenance of transport equipment to increase the bandwidth and transport capacity and shared multiplexed fiber optic transport between the County's IT network operation center and the Emergency Operations Center Page 1 network rack located within the fire station at 400 E. Mountain View Avenue, Ellensburg, Washington. The technical details describing this trade for services are detailed in Appendix A and Appendix B, which are is attached hereto and incorporated herein by reference. 2.02 Evolution of Services. The parties anticipate that the technologies supported, leveraged, and provisioned, under this agreement will evolve with time. Accordingly, the parties hereby authorize the administrators of this agreement to collaboratively make changes to the appendices in support of evolving technology and network topology needs. ARTICLE III ADMINISTRATION 3.01 Administrators. The KITTCOM Director shall be responsible for the administration of this Agreement on behalf of KITTCOM. The County IT Director shall be responsible for the administration of this Agreement on behalf of the County. ARTICLE IV DURATION, RENEWAL, AND TERMINATION OF AGREEMENT 4.01 Duration, Renewal, and Termination. This Agreement shall become effective when executed by both parties and shall automatically renew every five years unless terminated by mutual written agreement of the parties. Either party may unilaterally terminate this agreement at any time by providing not less than two years written notice of termination to the other party. ARTICLE V COMPENSATION 5.01 Compensation. The County and KITTCOM agree to provide the services specified in Appendix A as an exchange of services that are of like kind and value. ARTICLE VI INDEMNITY 6.01 Claims. To the extent of its comparative liability, each party shall indemnify, defend and hold the other party, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting Page 2 therefrom, which are alleged or proven to be caused in whole or in part by a negligent act or omission of its officers, directors, and employees. This indemnification obligation shall not apply in the limited circumstance where the claim, damage, loss and/or expense is caused by the sole negligence of either party. ARTICLE VII PERFORMANCE OF AGREEMENT 7.01 Compliance with All Laws. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 7.02 Maintenance and Audit of Records. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either party or its designee, and the Washington State Auditor's Office. Each party shall retain all such books, records, documents and other materials for the applicable retention period under federal and Washington law. 7.03 On-Site Inspections. Either party or its designee may evaluate the performance of this Agreement through on-site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances. 7.04 Improper Influence. Each party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 7.05 Conflict of Interest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. ARTICLE VIII DISPUTES 8.01 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving party. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. Page 3 8.02 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney's fees incurred in that action, arbitration or proceeding. 8.03 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Washington. The Kittitas County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. ARTICLE IX GENERAL PROVISIONS 9.01 Assignment. Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, further, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 9.02 Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings or agreements between parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either party to enter into this Agreement. 9.03 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the parties and adopted by resolution of each party's legislative authority except as provided in section 2.02 which is specifically intended to allow for the evolution of technology and system topology. 9.04 Invalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and, to the greatest extent possible, this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was intentionally omitted. 9.05 Filing. Pursuant to RCW 39.34.040, this Agreement shall be filed by KITTCOM with the Kittitas County Auditor prior to its entry into force. This Agreement shall also be filed with the KITTCOM Administrative Board Secretary. Adopted this day of 2019 KITTITAS COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS Chair Page 4 Vice Chair Commissioner ATTEST: Clerk of the Board Adopted this day of 2019 KI TCOM C)eo ff sc. ierer hairman KITTCOM Administrative Board ATTEST: Administrative Board Secretary Page 5 Appendices to AGREEMENT BETWEEN KITTITAS COUNTY AND KITTCOM FOR RECIPROCAL FIBER OPTIC AND INFORMATION TECHNOLOGY TRANSPORT COLLABORATION February 14, 2019 Note: The parties agree that, in the event of a network outage or impairment, the first arriving technical personnel from either agency is authorized to begin restoration of services when an outage exists regardless of agency affiliation. In accordance with the agreement, the Kittcom Director and County IT Director may alter this Appendix A as the systems needs and technologies evolve without re-executing agreement. Appendix A Kittitas County Strategic Goals KITTCOM Strategic Goals Establish a "cross connection" meet Phase 1 Establish long term privileges to point with Zayo fiber optic cable. Meet-Z collaboratively leverage and make use of Kittitas County fiber optic rights and Establish a fiber optic connection assets. between Court House and EOC room at Fire Station 29. Q1-Q2 Forge long term strategic relationships 2019 with allied agencies to support Establish a fiber optic connection information technology"transport" serving solid waste facility at Ryegrass.needs (which include, but is not limited to, data,video,voice and radio). Accomplish above goals with minimal costs to the County. Forge long term strategic relationships with allied agencies to support information technology"transport" needs. Leverage existing, fully committed,fiber Phase Establish fiber optic connectivity optic assets to make ready and 2 between "lower" and "upper"county. available additional bandwidth and Upper future additional transport capabilities. County Establish an upper county POP(Point of Mux/Presence) in collaboration with County. DeMux Establish geo-diverse paths and geo- diverse communications capabilities to improve resiliency of KITTCOM services in the upper/west County. Leverage existing, fully committed,fiber Phase Establish fiber optic connectivity optic assets to make ready and 3 between "upper" county and the far available additional bandwidth and Far West west county. future additional transport capabilities. County Mux/ Establish a far west POP (Point of DeMux Presence) in collaboration with County. Establish geo-diverse paths and geo- diverse communications capabilities to improve resiliency of KITTCOM services in the upper/west County. Prepare for future County data services Phase Establish fiber optic connectivity east of Ryegrass. 4 eastbound out of Ellensburg to TBD Eastbound locations such as Kittitas Water Tank, Mux/ near Ryegrass, and near Vantage. DeMux How we will do this: County Implementation Responsibilities KITTCOM Implementation Responsibilities Phase 1 Develop Meet Point Agreement with Meet-Z KVFR, KITTCOM, and County. Lease, at KITTCOM expense,fiber optic connectivity between Court House and Q1-Q2 KVFR. 2019 Install and maintain, as an owner or lessee, fiber optic cable from inside KVFR Station 29 to KVFR vault near Zayo vault; coil and stow for others. Splice KITTCOM newly provided Install, splice, and maintain, as an coiled/stowed" fiber optic tail in KVFR owner or lessee, fiber optic patch panel vault to Zayo Fibers.within meet point at KVFR to allow a meet of 12 strands. Provide Rack Space at Courthouse for Mux/DeMux/Transport equipment. Provide,and maintain, Mux/DeMux Provide limited AC power if needed. equipment for multiplexed fiber connectivity between Courthouse and KVFR Station 29. Provide for County use (and maintain), necessary SFP lasers to light fiber, between Court House and KVFR for 1Gbps. Provide Rack Space/ Equipment Space, Phase Provide,and maintain, Mux/DeMux at Courthouse NOC and at upper County 2 equipment for multiplexed fiber POP. Provide limited AC power if Upper connectivity between Courthouse and needed. County upper county POP. Mux/ DeMux Provide for County use (and maintain) necessary SFP lasers to light fiber between Court House and KVFR for 1Gbps. Provide Rack Space / Equipment Space, Phase Provide, and maintain, Mux/DeMux at upper County POP. Provide limited 3 equipment for multiplexed fiber AC power if needed. Far West connectivity between upper county County POP and future far west county Mux/ location. DeMux Provide for County use (and maintain) necessary SFP lasers to light fiber between upper county POP and future far west county location for 1Gbps. KITTCOM's intent during this phase is to get to a POP location in the area of Snoqualmie Pass and likely make ready locations along the way. Provide for County use (and maintain), when needed, necessary SFP lasers to light fiber along this path for 1Gbps. Provide at the Ryegrass meet location a Phase Provide for County use (and maintain) location to meet/drop/insert at an 4 when needed, necessary SFP laser optical level. Eastbound change to light fiber to Ryegrass last Mux/ hop meet point for 1Gbps. Provide un-provisioned outdoor DeMux equipment space at the Ryegrass meet Provide, and maintain, Mux/DeMux location. Provide limited AC power only equipment, when needed, for if available and if needed. multiplexed fiber connectivity between KVFR anTBD points east. KITTCOM's intent during this phase is to provision for a POP location at a radio/tower site in the area of the Kittitas City Water Tank, perhaps near Ryegrass, and near Vantage. End Table for Appendix A Notes: Work Phase 1 must occur first. Work phases 2 and beyond may be implemented out of sequence. Appendix B Initial Proposed Allocation of Bandwidth Minimum Bandwidth 1Gbs BiDi (unless technology to be transported requires less) Future migration path to 10Gbs (after technology and costs become feasible) Mux/Demux Bandwidth along the "Phase 1" and "Phase 2" Paths 8A, allocated as follows: 3 County 2 KITTCOM 3 reserved for future End of Appendix B End of Appendices