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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 •Bartlett FPD•Bartlett PD•Bloomingdale FPD•Burr Ridge PD•Carol Stream FPD•Carol Stream PD•Clarendon Hills FD•Clarendon Hills PD•Danen PD•Darien-Woodndge FPD •DownersGrove FD•Downers Grove PD•Elmhurst FD•Elmhurst PD•Glen Ellyn FC•Glen Ellyn PD•Glenside FPD•Hanover Park FD•Hanover Park PD•Hinsdale FD•Hinsdale PD•Lisle PD •Lisle—Woodridge FPD•Lombard FD-Lombard PD•Oak Brook FD•Oak Brook PD•Oakbrook Terrace FPD•Oakbrook Terrace PD•Roselle FD•Roselle PD•Villa Park FD•Villa Park PD •Warrenville FPD•Warrenville PD•West Chicago FPD•West Chicago PD•Wheaton FD•Wheaton PD•Willowbrook PD•Winfield FPD•Winfield PD•Woodridge PD•York Center FPD 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 Page 1 of 5 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. Page 2 of 5 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 Page 3 of 5 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-) Page 4 of 5 APPENDIX A Attached;Inventory Appendix A for OAK BROOK 8-28-20 Page 5 of 5 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