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Home My WebLink About20131120.tiffEsther Gesick From: Sent: To: Subject: noreply@weldgov.com Thursday, October 5, 2023 12:56 PM CM-ClerktoBoard; Tina Powell; CM-Communications-DeptHead Fast Tracked Contract ID (7499) e/tt,rt,e,c,O47,--77 Contract # 7499 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: ADAMS COUNTY Contract Name: FRCC IGA Contract Amount: $0.00 Contract ID: 7499 Contract Lead: TPOWELL Department: COMMUNICATIONS Review Date: 4/1/2024 Renewable Contract: YES Renew Date: 4/1/2024 Expiration Date: Tyler Ref #: Thank -you 0213 -/ate �aG INTERGOVERNMENTAL AGREEMENT REGARDING A CONSORTIUM TO ENHANCE CONNECTIVITY IN RADIO COMMUNICATIONS ALONG COLORADO'S FRONT RANGE THIS INTERGOVERNMENTAL AGREEMENT ("IGA") effective this 6th day of May, 2013, is made and entered into by and between Adams County Communications Center, Inc. ("ADCOM"), whose address is 7321 Birch Street, Commerce City, Colorado 80022; and the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center ("WCRCC"), whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632, with all such entities being referred to collectively as "the Participating Agencies," and each individually as a "Participating Agency," or by their respective name. WITNESSETH: WHEREAS, the Participating Agencies are political subdivisions of the State of Colorado duly organized and existing in accordance with Colorado law, a Colorado public entity formed by local governments, and an association of local governments; and WHEREAS, pursuant to C.R.S. Section 29-1-203(1), the Participating Agencies are authorized to cooperate with one another to provide any function or service lawfully authorized to each and are therefore each authorized under C.R.S. Section 29-1-203O) to enter into this Agreement; and WHEREAS, the Participating Agencies have joined together to form a consortium to enhance the connectivity among the Participating Agencies, with the goal of furthering public safety along the Front Range of Colorado; and WHEREAS, in the performance of governmental functions, each Participating Agency has obtained, through leases or purchases, the use of certain radio and associated communications equipment which is part of a regional public safety communications network, consisting of certain 800/700 MHz trunked repeaters and related fixed equipment; and WHEREAS, with intent of protecting existing assets and to ensure the sustainability of their established communications network, the Participating Agencies desire to cooperate and contract with one another to purchase and maintain a communications switch ("the Front Range Master Zone Switch" or "the Switch") to enhance the connectivity among the Participating Agencies, with the goal of furthering public safety along the Front Range of Colorado; and WHEREAS, ADCOM has agreed to host the Front Range Master Zone Switch at the ADCOM's communications building; and WHEREAS, the Participating Agencies agree to share equally among them of the costs associated with the purchase and maintenance of the Front Range Master Zone Switch, in accordance with the terms of this IGA; and eonane, 5- 6o- olc9/S cc: /&a//ae2- D/3- //QD WHEREAS, the Participating Agencies agree that this IGA is necessary to ensure equality and fairness among them, and to ensure the health, safety and welfare of the citizens who reside within their jurisdictional boundaries. NOW, THEREFORE, in consideration of the mutual promises and agreements of the Participating Agencies contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Participating Agencies hereto agree to the following: I. ESTABLISHMENT OF THE FRONT RANGE COMMUNICATIONS CONSORTIUM ("FRCC"). A. There is hereby established a consortium of the Participating Agencies to be known as the "Front Range Communications Consortium" (hereinafter referred to as "FRCC") for the purpose of purchasing and maintaining the Front Range Master Zone Switch, to be used by the Participating Agencies to enhance the connectivity among them, with the goal of furthering public safety along the Front Range of Colorado. Additional entities may be added to the FRCC through amendment to this IGA, in accordance with the terms set forth herein. Conversely, any Participating Agency wishing to leave the FRCC may do so in accordance with the terms set forth herein. B. The Participating Agencies may create by amendment to this IGA a board of directors with bylaws for the purpose of governing and directing the activities of the FRCC. C. The State of Colorado may be a "user" of the Front Range Master Zone Switch through a separate contract with the FRCC. II. HOSTING OF, CONNECTIVITY TO, AND EQUAL SHARING OF COSTS OF FRONT RANGE MASTER ZONE SWITCH. A. Host Facility. ADCOM agrees to be the host facility for the Front Range Master Zone Switch. ADCOM shall provide a "clean site" sufficient in size within its communications building for the location of the Switch, and shall pay for any and all costs of maintaining said building. Insurance sufficient to cover replacement cost of the Switch shall be carried and paid for by ADCOM. B. Connectivity. It shall be the responsibility of each Participating Agency to connect to the Front Range Master Zone Switch at its own cost, with preferred transmission being by Ethernet. C. Costs of Purchase, Maintenance and Utility. Weld County shall be responsible for the arranging for and paying the costs of the initial purchase of the Front Range Master Zone Switch. The costs of purchasing the Switch, and the costs of maintenance and utilities associated with the operation and maintenance thereof, shall be paid by all of the Participating Agencies on an "equal share" basis. The term, "equal share basis," means that all agencies participating in the FRCC shall share 2 equally in the costs. In the event the Participating Agencies amend this Agreement to include any additional entity, the cost structure shall be modified so that the costs shall always be shared equally between all Participating Agencies that are parties to this Agreement. Likewise, if any Participating Agency wishes to terminate its participation in this Agreement, the costs associated for that agency shall also be terminated and reallocated to the remaining Participating Agencies. The remaining Participating Agencies shall restructure the costs so that they are divided equally. The reallocation of costs among the Participating Agencies related to an increase or decrease in membership shall be effective beginning the quarter following such membership change. No Participating Agency that terminates its participation in this Agreement shall be entitled to reimbursement of amounts it has already paid. D. Fiscal Agent and Billing. Weld County shall be the fiscal agent for the FRCC. Weld County shall bill the Participating Agencies quarterly for the equal shares of costs of purchasing the Switch, and the costs of maintenance and utilities associated with the operation and maintenance thereof. All such bills shall paid by the Participating Agencies within sixty (60) days of the date of billing (date the bill is sent to the Participating Agency). III. SYSTEMS UPDATES AND TECHNICAL SUPPORT. A. Technical Support. Technical support for the Front Range Master Zone Switch and all connections thereto shall be by the technical support staff of the Participating Agencies. B. System Updates. All systems connecting to the Front Range Master Zone Switch shall be kept up to date by the Participating Agency owning or operating said system. IV. TERMINATION. A. Termination Due to Non -Payment. The right of a Participating Agency to access the Front Range Master Zone Switch shall be terminated upon non-payment of its equal share of the costs detailed in Section II.C., above. Upon such termination, the Participating Agency must separate its connection to the Switch immediately. Said termination of rights may be enforced by injunction ordered by the Weld District Court. B. Termination of Use by Participating Agency. Any Participating Agency may terminate its right to access the Front Range Master Zone Switch upon providing notice of such termination and withdrawal from this IGA to all other Participating Agencies received at least twelve (12) months prior to the intended date of termination. The terminating Participating Agency shall be obligated to pay its equal share, as defined above, to Weld County through the intended date of termination. Any Participating Agency that has terminated and then desires to re-enter this IGA and thereby resume using the Switch shall, prior to resuming such use, be required to 3 pay to Weld County the equal share of the Switch maintenance and operations that it would have paid during the time of its absence from the IGA. C. Termination by ADCOM. ADCOM may terminate this IGA at any time upon providing notice of such termination to all other Participating Agencies at least eighteen (18) months prior to the intended date of termination. D. Division of Assets. 1. Termination of Use by Participating Agency. Upon termination by a Participating Agency, the Participating Agency shall not be entitled to recovery of any costs that were paid by it for purchasing the Front Range Master Zone Switch, or its maintenance and utility costs. It also shall have no rights or interests in the Switch upon termination. 2. Termination by ADCOM. Upon termination by ADCOM, the FRCC shall either relocate the Front Range Master Zone Switch to another agreed upon host facility, or the then Participating Agencies shall determine an equitable division of the Switch asset among the then Participating Agencies. V. MISCELLANEOUS PROVISIONS. A. Independent Participating Agencies. The Participating Agencies agree that they are independent of one another, and that each Participating Agency's agents or employees are not, nor shall they be deemed to be, agents or employees of the other Participating Agencies for any purpose. The Participating Agencies shall have no authorization, express or implied, to bind each other to any agreement, liability, or understanding with respect to ADCOM's host facility. B. Non -Assignment. No Participating Agency may assign or transfer its right to connectivity or use of the Front Range Master Zone Switch to another person or entity. C. Interruptions. No Participating Agency shall be liable to the other for delays or inability to use the Front Range Master Zone Switch for any reason. D. Notices. Any notice required to be given under this IGA shall be in writing and shall be sent by certified mail, return receipt requested or hand delivered to the other Participating Agencies at their address as stated above. Notice shall be deemed given upon hand delivery or depositing it in the mail. E. Compliance. This IGA and the provision of services hereunder shall be subject to the laws of the state of Colorado. Jurisdiction and venue shall lie exclusively in Weld County District Court. 4 F. Entire Agreement/Modifications. This IGA contains the entire agreement between the Participating Agencies with respect to the subject matter contained in this IGA. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this IGA. This IGA may be changed or supplemented only by a written instrument signed by all of the then Participating Agencies. Course of conduct, no matter how long, shall not constitute an amendment to this Agreement. G. Funding Contingency. No portion of this IGA shall be deemed to create an obligation on the part of any Participating Agency to expend funds not otherwise appropriated or budgeted for. H. Severability. If any term or condition of this IGA shall be held to be invalid, illegal, or unenforceable, this IGA shall be construed and enforced without such provision, to the extent that this IGA is then capable of execution within the original intent of the Participating Agencies. I. Governmental Immunity. No portion of this IGA shall be deemed to constitute a waiver of any immunities the Participating Agencies or their officers or employees may possess under federal or state constitutional, statutory or common law. J. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement, shall be strictly reserved to the Participating Agencies and nothing in this IGA shall give or allow any claim or right of action whatsoever by any other person or entity not included in this IGA. It is the express intention of the Participating Agencies that any individual or entity other than the Participating Agencies receiving services or benefits under this IGA shall be an incidental beneficiary only. K. Execution. This Agreement may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. L. Additional Entities. In the event this IGA is amended by the parties to add additional entities as Participating Agencies, such additional Participating Agencies shall be required, prior to being able to use the Front Range Master Zone Switch, to pay a proportional share of the costs of the Switch incurred to that date by the other Participating Agencies. 5 INTERGOVERNMENTAL AGREEMENT REGARDING A CONSORTIUM TO ENHANCE CONNECTIVITY IN RADIO COMMUNICATIONS ALONG COLORADO'S FRONT RANGE Dated this r E4dayof Me ,2013. ATTEST: ADAMS COUNTY COMMUNICATIONS CENTER, INC. Sblt It\1 .\ 6 INTERGOVERNMENTAL AGREEMENT REGARDING A CONSORTIUM TO ENHANCE CONNECTIVITY IN RADIO COMMUNICATIONS ALONG COLORADO'S FRONT RANGE .2 Dated this l0 day of 2013. THE BOARD OF COUNTY COMMISSIONERS ATTEST: ` d"'"`°` "`9'e) OF WELD COUNTY, ON BEHALF OF THE Clerk to the Board WELD COUNTY REGIONAL COMMUNICATIONS CENTER By: Deputy Cler to the By: !/(L.. William F. Garcia, Chairman MAY 062013 020/3-i/ad Hello