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Home My WebLink About20060269.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR 800 MHZ ORDER AND AUTHORIZE CHAIR TO SIGN WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Intergovernmental Agreement for the 800 MHz Order issued by the Federal Communications Commission, to establish a cooperative relationship, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Arapahoe County, Douglas County, Jefferson County, City of Fort Collins, City of La Junta, City of Montrose, City of Greeley, Baca County, Huerfano County, and Northern Colorado Regional Communications Network, commencing upon full execution, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for the 800 MHz Order issued by the Federal Communications Commission,to establish a cooperative relationship, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Arapahoe County, Douglas County,Jefferson County,City of Fort Collins,City of La Junta,City of Montrose, City of Greeley, Baca County, Huerfano County, and Northern Colorado Regional Communications Network, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 23rd day of January, A.D., 2006. 11-14-fa BOARD OF C.UNTY COMMISSIONERS * j ELD CO ✓'` Y, COLORADO ATTEST: ajd 'f, "�452 � ', )�� =. eile, C it Weld County Clerk to the B1\ c:4) David E. Long, Pro-Tem BY: d,4'1 i1 v��1 G' /, � Deputy CI k to the Boar4 Willi erk APP D AS TO M: � Y -- Robe D. Masd///��e..11l'''III // ounty Attorney /,/.uf g0a sI Glenn Vaad _ Date of signature: I 3'IOU' 2006-0269 CM0016 p(' Cm, OA o2-03--oco Memo to: Board of County Commissioners From: Cyndy Giauque, Assistant Weld County Attorney Date: January 19, 2006 RE: Intergovernmental Agreement for 800 MHz Rebanding Over the past several years, public safety and other"high site"radio systems, including those used by police, firefighters, emergency services and others have increasingly been experiencing equipment interference problems and communication"dead zones" as a result of technically incompatible low site commercial wireless systems operating in the same or adjacent spectrum bands. Nextel is the primary spectrum holder and commercial cellular type service provider in the affected 800 MHz band. In or about 2004, the FCC issued the"800 MHz Order" in which the FCC required that certain licensees in the 800 MHz Band be relocated so that the interference could be resolved. As part of the order, Nextel was ordered to pay for the cost of the rebanding or relocation of the affected licensees. Weld County holds an affected license and must participate in the 800 MHz relocation. Other known affected licensees include,but are not limited to, Arapahoe County, Douglas County, Jefferson County, City of Fort Collins, City of La Junta, City of Montrose, City of Greeley, Baca County, Huerfano County, and Northern Colorado Regional Communications Network (NCRCN) (these entities may be referred to cumulatively as the"affected licensees"). Representatives of the State of Colorado Department of Personnel & Administration have met with representatives of the affected licensees and there has been a consensus that the State should be a lead party to get the rebanding accomplished, with any of the affected licensees having the ability to either participate in this model, or to opt out, and attempt to achieve the rebanding independently. The State has agreed to act as a lead party, and to retain the services of a law firm with experience in this matter to negotiate the process on behalf of the affected licensees with Nextel. The charges for the services of the law firm will be reimbursed by Nextel. The charges for the State's services as lead party will also be paid by Nextel. The FCC Order is clear that all relevant and legitimate charges incurred in the rebanding process must be paid by Nextel. It is not anticipated that Weld County should be required to pay for any of the expense to relocate its license on the 800 MHz Band. The attached Intergovernmental Agreement was drafted to reflect these discussions, and accurately reflects the discussions of the parties thus far. If you have any questions concerning this proposed Agreement, I am available. We recommend approval of the Agreement. 2006-0269 FNL 1-09-06 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this_9th_day of January 2006, by and between the following entities: State of Colorado Department of Personnel & Administration, NCRCN, Arapahoe County, Douglas County, Jefferson County, City of Ft Collins, Weld County, City of La Junta, City of Montrose, City of Greeley, Baca County and Huerfano County, hereinafter referred to as "PARTIES". WHEREAS, authority exists in the Law to enter into an intergovernmental AGREEMENT among the PARTIES, and WHEREAS, the PARTIES to this AGREEMENT are subject to the "800 MHZ Order" issued by the Federal Communications Commission, 19 FCC Rcd 14969 (2004), as amended by Erratum, Second Erratum, 19FCC Red 19651 (2004),Public Notice, 19 FCC Rcd 21492 (2004); and WHEREAS, the PARTIES agree to enter this AGREEMENT to establish a cooperative relationship among the PARTIES; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate PARTIES; and NOW THEREFORE, it is hereby agreed that 1. Statement of Work and Responsibilities. The STATE will act as the primary point of contact, on behalf of the PARTIES, for purposes of retaining legal representation and negotiating an AGREEMENT between the PARTIES and NEXTEL pursuant to the ORDER. Included in the State's duties are the responsibilities to appoint an overall State Project Manager, executing a contract with Nextel Inc., executing a contract with a law firm to serve as an agent for the PARTIES, and executing a contract with a vendor who will assist the State in fulfilling its obligations. All contracts to be executed by the State on behalf of the parties shall include a provision that the Parties to this Agreement are third party beneficiaries of such contracts and shall have the right to enforce all provisions thereto. It will be the responsibility of the State Project Manager to provide the PARTIES with periodic status reports and seek input as appropriate. 2. Term. The term of this intergovernmental AGREEMENT will correspond with the Regional Prioritization Plan of the 800 MHZ Transition Administrator and will terminate on the date of completion of the obligations of all the PARTIES to this AGREEMENT or the withdrawal of all PARTIES from the AGREEMENT. 3. Availability of Funds. No PARTIES funds will be expended. The PARTIES shall not be responsible for any payment to the STATE for the services it provides as the primary point of contact; rather, it is contemplated that the AGREEMENT negotiated by the STATE will include provision of payment for all services, legal and otherwise, directly from NEXTEL such that the PARTIES are not required to allocate any funds under the AGREEMENT or otherwise. The State will prepare a template for the PARTIES, as Licensees, and sub-licensees/agencies to use for the recovery of costs. Each Licensee will be responsible for disseminating and collecting the cost template from their respective sub- licensee/agency and submitting that information quarterly to the State Project Manager. The State vendor will be responsible for the reporting the allowable costs from their contracted work with the State. 1 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 4. Record Keeping Requirements. All PARTIES to this AGREEMENT shall maintain a complete file of all records, documents, communications and other material which pertain to this AGREEMENT for a period of three (3)years from the date of this AGREEMENT. 5. Audits. The PARTIES to this AGREEMENT shall permit all other PARTIES the right to monitor and audit records and activities, which are or have been undertaken pursuant to this AGREEMENT. 6. Point of Contact. For the purpose of this AGREEMENT, the persons named below are designated the Point of Contact of the PARTIES. All notices required to be given by the PARTIES shall be given by mail, fax or e-mail to the Point of Contact named below. The PARTIES may designate a new or substitute representative in writing to the State Project Manager, Dennis Kalvels: State of Colorado NCRCN Dennis Kalvels Chairman Department of Personnel &Administration Mary Moore 2452 W.2n°Ave. Ft Collins Police Services Denver, CO 80223 300 La Porte Ave. (303) 866-3459 Office Fort Collins, CO 80522-0580 (303) 922-1811 Fax (970)221-6743 Office dennis.kalvelsAstate.co.us mamoore@fcgov.com Arapahoe County Douglas County Liz Browning Jeffrey D. Vaughn Arapahoe County Sheriffs Office Radio Systems Administrator 13101 E. Broncos Parkway Douglas County Sheriffs Office Centennial, CO 80112 4000 Justice Way (303) 720-874-3720 Office Castle Rock, CO 80109 ibrowning@co.arapahoe.co.us (303) 660-7506 Office (303) 688-2602 Fax jvaughn@dcsheriffnet Jefferson County City of Ft. Collins Matt Jackson Mary Moore 200 Jefferson County Parkway Ft Collins Police Services Golden, CO 80401-2697 300 La Porte Ave. (303) 271-5360 Office Fort Collins, CO 80522-0580 mjacksonAjeffco.us (970) 221-6743 Office mamoore(a�fcgov.com Weld County City of La Junta Juan Cruz Bill Jackson Public Safety Building Director of Public Safety 919 7th Street P.O. Box 489 Greeley, CO 80631 La Junta, CO. 81050 (970) 350-9663 Office 719-384-2698 Office (970) 350-9655 Fax 719-384-7729 Fax ivan.cruzgreeleypd.com bjackson@ci.la-iunta.co.us City of Montrose Baca County Drea Cole Jodi Ricker 2 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Montrose Police Department Baca County Office of Emergency Management P.O. Box 790 741 Main Street Montrose, CO 81402 Springfield, CO 81073 (970) 252-5214 Office (719) 523-6532 Office dcoleci.montrose.co.us (719) 523-6584 Fax jodi.ricker 2llbacacounty.net Huerfano County City of Greeley Kevin Vallejos Juan Cruz 500 South Albert Public Safety Building Walsenburg, CO 81089 919 7th Street (719) 738-1600 Office Greeley, CO 80631 huerfanoso@aol.com (970) 350-9663 Office (970) 350-9655 Fax j uan.cruz(&,greeleypd.com 7. Dispute Resolution. Any dispute concerning the performance of this AGREEMENT, which cannot be resolved at the agency point of contact level, shall be referred to superior management staff designated by each department. Failing resolution at that level, disputes shall be presented to the executive director/county commissioner/city council of each agency for resolution. 8. Withdrawal Any of the PARTIES shall have the right to withdraw from this AGREEMENT at any time by providing written notice to the STATE of such intention. 9. Approval. This AGREEMENT shall be deemed valid upon execution by a majority of those PARTIES executing the AGREEMENT, regardless of the non-participation by any individual party. 10. Definitions. STATE; State of Colorado, Department of Administration and Personnel, Division of Information Technologies Telecommunication Services. CCNC; Consolidated Communications Network of Colorado Inc. NCRCN; Northern Colorado Regional Communications Network. ORDER; Federal Communications Commission Report and Order FCC 04-168 Released August 6, 2004 & Supplemental Order FCC 04-294 Released December 22, 2004 NEXTEL; Sprint Nextel Corporation. 11. Additional Licensees Additional Licensees may be added to this Agreement through the execution of a Participating Addendum, an example of which is attached to this Agreement as Attachment 1. The State will provide notice to all PARTIES. 12. Signature of counterparts. This agreement may be executed in any number of counterparts, each of which will be an original, and such counterparts together will constitute one and the same instrument. Execution may be effected by delivery of facsimiles of signature pages (and the parties will follow such delivery by prompt delivery of originals of such pages). // // // // 3 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 // State of Colorado Department of Personnel & Administration Richard D Malinowsk', Director 'on rf rm on Technolo es Signature Date 4 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Northern Colorado Regional Communication Network ( _ K Nwv �? c vac, Lr Printed Name&Title ) 1(Z ls/ C4/1 c e / - 2Ci - C> Signature ( Date 5of15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Arapahoe County ATTEST: BOARD OF COUNTY COMMISSIONERS OF ARAPA OE CO TY County Clem n Rod Bockenfeld, C it 6 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 DOUGLAS COUNTY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF DOUGLAS Melanie A. Worley, Chair at ATTEST: Go • •' � �! -. Mary A. Nib .ck, D- t4•it 7 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 COUNTY OF JEFFERSON STATE OF COLORADO, a body pol ' tic d cor ora By: Pr'nte Name: Title: APPRO O FORM: ssist t unty A torney 8 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: j Darin Atteberry, City Man ger ' ATTEST: Asa.City Clerk APPROVED 0 ORM: By: Teresa Ablao, Assistant City Attorney 9of15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Dated this /1.) �i day of tJ,a,✓✓•awy , 2006. d' CITY OF LA JUNTA By: /2e—c, /a-e— , Rick Klein, City Manager Al TEST: .ce L. Schooley, ty Clerk 10 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Weld County ATTEST: I) it hi BOARD OF COU TY COMMISSIONERS �j/(/ i WELD COUN , COLORADO Wel County Clerk to the Board i � BY: lG,. BY: ,11 1 1 7C.r� ,�Ttyki lg. J. Geile, Chair putt' CI k to the Boatjl 01/23/2006 1861tily2yg N.(iA,te 'S 9t'_ 11� y ;-4,. 1:�1111(i (' y, 11of15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 CITY OF MONTROSE A Colorado Home Rule Municipal Corporation By: Erica Lewis Kenne , ayor ATTEST: ": r By: Sharleen R.Walker, ity Clerk APPROVED AS TO FORM: By: Bennet A. Morris, Amass stant City Attorney 12 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Baca County —11:c Craw C'r c eitapir'Aga_p-> Printed Name&Title ignre Date 13 of 15 INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 Huerfano/C/ounty S erl ,(// tJC Print a e Ti 0 S ature Date INTERGOVERNMENTAL AGREEMENT FNL 1-06-06 THE CITY OF GREELEY, COLORADO, A municipal ni corporation, by and Through the City Council By: lGtcnz-a--1 Mayor ATTEST: 1"441/6191/ I 1^^ /tat City C1erl APPROVED AS TO LEGAL FORM: By: I A City Attorney APPRO S S T CE: By: Cit AS TO AVAILABILITY OF FUNDS: By: Director of F e 15 of 15 INTERGOVERNMENTAL AGREEMENT PARTICIPATING ADDENDUM THIS PARTICIPATING ADDENDUM (this "Addendum") is made this day of , 20 between the STATE OF COLORADO, acting by and through the Department of Personnel & Administration, Division of Information Technologies (the "State"), and ("Participating Entity"). WHEREAS, the Federal Communications Commission issued the"800 MHZ Order", 19 FCC Red 14969 (2004) (as amended and supplemented, the "Order"); and WHEREAS, the State entered into an Intergovernmental Agreement (the "IA")with other governmental entities (collectively with the State, the "Entities") and agreed to represent the Entities as the primary point of contact for purposes of satisfying the requirements of the Order; and WHEREAS, Participating Entity desires to cooperate with the Entities and join the IA; and NOW THEREFORE, it is hereby agreed that in consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the State, on behalf of the Entities, and Participating Entity agree as follows: 1. Scope. Participating Entity agrees to abide by the terms of the IA and the Order, which are referenced and incorporated herein. Participating Entity is entitled to all rights and assumes all obligations created by the IA. 2. Point of Contact. The Point of Contact for Participating Entity is as follows: Point of Contact: Address: Telephone: Fax: E-mail: The State and Participating Entity hereto have executed this Addendum on the respective dates noted below. STATE: PARTICIPATING ENTITY: State of Colorado Department of Personnel &Administration Signature Signature Printed Name & Title Printed Name & Title Date: Date: (Cr /t Hello