R-1893 - 09/22/2020 - AGREEMENTS - Resolutions Supporting Documents DU-COMM - °M
DuPage Public Safety Communications
420 N. County Farm Road,Wheaton, IL 60187 g
(630)260-7500 Main
(630) 924-9280 Fax
www.ducomm.org
October 20, 2020
Mr. Jim Fox
Information Technology Director
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
RE: Village of Oak Brook MOU — Site Agreement
Enclosed is one fully executed Memorandum of Understating for your files.
Please feel free to contact me if you need any additional information.
Sincerely,
Brian Tegtmeyer, ENP
Executive Director
/ck
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding(hereinafter"Memorandum"or"MOU")set forth
below is between the VILLAGE OF OAK BROOK(hereinafter"OAK BROOK"), 1200 Oak
Brook Road,Oak Brook,IL 60523,and DUPAGE PUBLIC SAFTEY COMMUNICATIONS,an
Illinois municipal cooperative(hereinafter"DU-COMM"),420 N.County Farm Road,Wheaton IL
60187,collectively known as Parties or individually as Party,entered into and effective on the
date the last party signs the MOU and shall remain in effect from year to year unless terminated
as stated in Section 3.
WHEREAS, DU-COMM operates a twenty-four(24)hour public safety communications
center that provides police,fire,and EMS communications for forty-four(44)member agencies
under a Joint Public Safety Communications System Agreement;and
WHEREAS,VILLAGE OF OAK BROOK is a party to the Joint Public Safety
Communications System Agreement between and among several municipal authorities
establishing the DuPage Public Safety Communications as an Illinois municipal cooperative,
and
WHEREAS,pursuant to Article VII,section 10 of the 1970 Illinois Constitution and the
Intergovernmental Cooperation Act(5 ILCS 220/1 et seq.),units of local government may
contract to share services or perform any activity authorized by law;and
WHEREAS,DU-COMM connects to and accesses the communication capabilities at
several OAK BROOK owned or leased facilities hereinafter Oak Brook Village Hall Tower,Butler
Government Center(BGC),and,
NOW,THEREFORE,in consideration of the forgoing and the mutual covenants and
agreements as set forth below,and other good and valuable consideration the Parties agree as
follows:
SECTION 1: Site Lease
OAK BROOK hereby leases to DU-COMM,locations on and within the structures,and
on the radio towers and/or water towers on the property it owns,Butler Government Center
(BGC)and Village Hall Tower,located at the common addresses listed below:
Oak Brook Village Hall Tower, 1200 Oak Brook Road,Oak Brook,IL
Butler Government Center(BGC), 1200 Oak Brook Road,Oak Brook,IL
The site lease shall be limited to the locations described in Appendix A where DU-
COMM equipment is stored or installed,and includes all necessary access to the real property,
structures,and radio or water towers to install,maintain,repair,remove,and access such
equipment.
The terms of this MOU shall constitute the terms of the lease. DU-COMM shall not,
without first obtaining the written consent of OAK BROOK,assign in whole or in part,or sublet
any part of the property leased from OAK BROOK.
SECTON 2: Site and Equipment Agreement
The Butler Government Center(BGC)and Oak Brook Village Hall Tower may contain
equipment that was installed and solely owned by DU-COMM or equipment that is owned jointly
by DU-COMM and OAK BROOK. Jointly owned equipment shall be known as Shared
Equipment. DU-COMM at its sole expense shall install and maintain communications
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equipment and connectivity to such equipment between Butler Government Center(BGC),Oak
Brook Village Hall Tower and equipment located at other DU-COMM managed locations.
Appendix A identifies all DU-COMM and SHARED EQUIPMENT and a description of all
equipment located at the Butler Government Center(BGC),Oak Brook Village Hall Tower and
in operation for the shared Public Safety Communications Network system. The removal of
existing equipment and/or installation of additional equipment to replace malfunctioning
equipment or to upgrade existing equipment as is required to enable continued communication
services shall be considered routine service and maintenance and will not require pre-approved
written agreement by the Village Manger,as long as the equipment is substantially similar in
size,weight,and dimension. The Party making the equipment change to replace malfunctioning
equipment or to upgrade existing equipment shall notify the other Party to amend Appendix A to
account for the equipment change. DU-COMM must obtain approval in writing from the Village
Manager prior to installing additional equipment to create new functionality or to expand service
beyond the current services.
Any non-maintenance tower work performed will require advanced approval of OAK
BROOK.A construction plan will be required with a description of the equipment being removed
and/or added to the tower along with a drawing of the location on the tower where the
equipment will be mounted. OAK BROOK will have the plans reviewed by an independent
structural engineer and a building permit will be issued allowing for the installation of the
equipment.
OAK BROOK shall provide to DU-COMM or its authorized agents reasonable access to
the equipment at Butler Government Center(BGC),Oak Brook Village Hall Tower to install and
maintain the equipment connecting to,or servicing the connection to the shared Public Safety
Communications Network and related equipment operated for public safety communications.
DU-COMM shall be solely responsible for repairing and maintaining all DU-COMM
equipment and SHARED EQUIPMENT located on the Butler Government Center(BGC),Oak
Brook Village Hall Tower.
OAK BROOK has the duty and responsibility to operate and maintain its own existing
equipment and subsequently purchased additional equipment that is installed and integral to the
function of the SHARED PUBLIC SAFETY COMMUNICATIONS NETWORK. OAK BROOK
shall pay all expenses for installation,operation,repair,maintenance,and replacement of its
solely owned equipment,and will provide insurance coverage for the same.
OAK BROOK shall make available to DU-COMM the minimum electrical service
necessary to operate its equipment. OAK BROOK shall assume all electric power costs for the
operation of the equipment.
OAK BROOK shall physically maintain and provide security for the Butler Government
Center(BGC), Oak Brook Village Hall Tower structures and facilities where DU-COMM and
Shared Equipment is installed or stored,and shall continue to provide site coordination and
access to DU-COMM and its authorized agents.
The Parties shall not remove or disable DU-COMM equipment or SHARED
EQUIPMENT integrated into the shared Public Safety Communications Network without the
written permission of the Parties and all System Users. System User is any agency that
depends on the continued functions of the equipment located at the Butler Government Center
(BGC),Oak Brook Village Hall Tower for public safety communications.
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From time to time,OAK BROOK may choose to paint or do other maintenance on the
Butler Government Center(BGC),Oak Brook Village Hall Tower.If said maintenance process
requires the removal of any or all of the DU-COMM equipment,OAK BROOK shall bear the full
costs of said removal,including any costs associated with tower climbs to remove and replace
antennas and feedlines. DU-COMM shall maintain sole discretion to select contractors to
perform the removal and replacement work on its equipment.
Upon termination of this agreement,solely owned equipment remains the property of the
named Party. DU-COMM shall remove its equipment within sixty(60)days of the termination of
this agreement. Shared Equipment will be disposed of by written agreement between the
Parties.
SECTION 3: Modification and Termination of this MOU
This Memorandum constitutes the full agreement between the Parties. No terms,
conditions,modifications or amendments purporting to modify or vary any terms herein shall be
binding unless made in writing and signed by both Parties.
Each Party has the right to terminate this Memorandum by submitting a written notice to
the other party at least ninety(90)days prior to the termination date asserted.
SECTION 4: Additional Provisions
a. The provisions of the recitals above are incorporated herein and made a part of this
agreement
b. Invalidation of any Section or part of a Section of this Memorandum shall not
invalidate any other Section of this Memorandum.
c. DU-COMM shall indemnify OAK BROOK for any and all damages or injuries
resulting from the maintenance,repair and installation of DU-COMM equipment and
SHARED EQUIPMENT on the Butler Government Center(BGC),Oak Brook Village
Hall Tower,and provide insurance for said equipment installed,and shall name OAK
BROOK as an additional insured.
b. OAK BROOK and DU-COMM shall maintain insurance for its solely owned
equipment installed on the Butler Government Center(BGC),Oak Brook Village Hall
Tower.
e. DU-COMM shall at all times be prohibited from installing or operating any equipment
manufactured or licensed by Huawei Technologies Co.,Ltd.("Huawei")or Zhongxing
Telecommunication Equipment Corporation(ZTE),insofar as it is not the policy of
OAK BROOK to participate in the unauthorized surveillance of its residents by the
government of the People's Republic of China or the People's Liberation Army of
China,which is expressly prohibited by the National Defense Authorization Act for
Fiscal Year 2019(NDAA 2019),Export administration Regulations,and the U.S.
Dept of Treasury Office of Foreign Assets Control(OFAC).
The Parties will each maintain all required insurance and each shall be solely
responsible only for the action of their own employees and agents. Nothing herein shall be
construed as an express or implied waiver of any common law and/or statutory immunity or
privilege of either DU-COMM or OAK BROOK or any of their respective officials,officers,
employees,volunteers or agents as to any liability whatsoever
SECTION 5: Previous MOU
OAK BROOK and DU-COMM agree to terminate any previous or existing Agreements or
Memorandum of Understanding between the Parties,upon execution of this Agreement. The
terms of this Agreement shall supersede any prior agreement between the Parties regarding
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equipment installed at the Butler Government Center(BGC),Oak Brook Village Hall Tower,site
service and maintenance,and duties and responsibilities addressed within this MOU. This
paragraph shall not apply to the Joint Public Safety Communications System Agreement
between and among several municipal authorities establishing the DuPage Public Safety
Communications as an Illinois municipal cooperative.
Section 6: Notice
For purpose of this Agreement,all notices that are given shall be given to the following
addresses:
Village of OAK BROOK DU-COMM
Attention:Village Manager Attention:Director
1200 Oak Brook Road 420 N.County Farm Road
Oak Brook,IL 60527 Wheaton IL 60187
IN WITNESS WHEREOF,the parties have caused this Memorandum to be executed by their
duly authorized officials.
OAK OK DU-COM
By: By: �/
Title: Com.•-� Title: Executl Dlrec
Date: 9 'a y- Date: 10—a-0—ar-)
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APPENDIX A
Attached;Inventory Appendix A for OAK BROOK 8-28-20
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APPENDIX A
Appendix A to MOU between DU-COMM and the Village of Oak Brook
Site Address Qty Brand Model MFR Model Description Serial No. DU-COMM Installed Location Date Date
Part# Asset Tag# Installed Removed
BGC Monopole Tower 1200 Oak Brook Road 1 Adtran 850 Adtran Mux(Mux,Cards TBD TBD Radio Tower 6/11/2012 N/A
&Battery)
BGC Monopole Tower 1200 Oak Brook Road 1 T805-26-8101 T805-26-8101 RSU TBD TBD Radio Tower 6/12/2012 N/A
BGC Monopole Tower 1200 Oak Brook Road 1 Federal VHF Alert rcvr Used for Purvis 10105867 4388 Radio Tower 6/13/2012 N/A
BGC Monopole Tower 1200 Oak Brook Road 1 Tait 8100 Radio Frame Used for Reciters 18121236 2402 Radio Tower 6/14/2012 N/A
BGC Monopole Tower 1200 Oak Brook Road 1 Tait 8100 VHF Tait RX VHF Receiver 18120631 4389 Radio Tower 6/15/2012 N/A
BGC Monopole Tower 1200 Oak Brook Road 1 Tait 8100 Tait Power Power Supply 18120341 4390 Radio Tower 6/16/2012 N/A
BGC 1200 Oak Brook Road 1 Nokia SAR-HC Router NS20131`5082 4152 Village Hall TBD N/A
BGC Monopole Tower 1200 Oak Brook Road 1 APC UMT150ORM2 UPS Power Supply 351911X10204 4430 Radio Tower TBD N/A
BGC Monopole Tower 1200 Oak Brook Road 1 Cambium C050067BO01A Cambium MW Dish U9UB007481ZP 4209 Radio Tower TBD N/A
PTP670
BGC Monopole Tower 1200 Oak Brook Road 1 Cambium E1001109C Cambium POE Power 1810008467 4210 Radio Tower TBD N/A
Injector
*Butler Government Center(BGC)1200 Oak Brook Rd,Oak Brook,IL 60523