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HomeMy WebLinkAbout840102.tiff RESOLUTION RE: APPROVAL OF AGREEMENT AND ADDENDUM BETWEEN NORTH WELD COUNTY FIRE RADIO SERVICE, INC. AND WELD COUNTY, COLORADO AND AUTHO- RIZATION FOR CHAIRMAN 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 , an agreement and addendum between North Weld County Fire Radio Service, Inc. and Weld County, Colorado has been pre- sented to the Board of County Commissioners for its review and approval , and WHEREAS, the Board, after study and review, deems it advis- able to approve said agreement and addendum, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement and adden- dum between North Weld County Fire Radio Service , Inc. and Weld County, Colorado be , and hereby is , approved. BE IT FURTHTER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign said agreement and addendum. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of April , A.D. , 1984 . ... -} _ , BOARD OF COUNTY COMMISSIONERS ATTEST: (�MM ��`� WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Norman Carlson, Chairman o q BY: � 2t.r # i ,t.i.--yr.ee.) �n De-5u y County Clerk J cau ine Jo s n, Pro-Tem APPROVED AS TO FORM: EXCUSED DATE OF SIGNING - AYE Gene R. Brantner A //�� to n Coun y ttoYYYYYney Chuck Carlson �� f J¢ T. Mart1/22//2.1-4/1/22//2.1-4/4-e-; in 840102 050284 , AGREEMENT THIS AGREEMENT, made on the date below inscribed, between the North Weld County Fire Radio Service, Inc. (hereinafter "Fire Radio") , and the Board of County Commissioners of the County of Weld, State of Colorado (hereinafter the "County" ) . WHEREAS, the operation and maintenance of an effective fire service communications system is in the the interests of both parties. WHEREAS, the current operation and maintenance of the North Weld County Fire Radio Service licensed frequency 154 . 145MHz , call signal KWE426 (hereinafter "Fire B" ) , for base and mobile operation is the responsibility of the Weld County Communications Department with the ownership of the equipment and license held by Fire Radio. WHEREAS, it has been the recommendation of the Weld County Communications Advisory Board that legal ownership of the equip- ment and the license be transferred to the Weld County Communica- tions Department for a more effective use of the system and to allow technological improvements in the fire system such as microwave service to extend the coverage of the fire system on a County-wide basis. WHEREAS, recent breakdowns in the Fire B channel service have indicated the continuing need to make improvements in the equipment. WHEREAS, the County is unable to justify spending money on equipment that is not owned by the County. WHEREAS, the North Weld County Fire Radio Service, Inc. has provided a valuable service to the citizens of Weld County by providing emergency radio service and by working with Weld County Communications regarding the operation and maintenance of the Fire B channel and that such input should continue in the future. NOW, THEREFORE, in consideration of the foregoing, the County and the Fire Radio Service mutually agree and covenant as follows: 1 . That the purposes of this agreement are to provide for the transfer of base station equipment and FCC licenses to the County for fire channel B in order that the County may continue to operate and maintain the fire B service for the benefit of the citizens of Weld County and the members of the Fire Radio. 2 . The County agrees to pursue the acquisition of addi- tional emergency radio frequencies in order to expand the capabilities of emergency radio service, including the "fire system" in order to decrease channel loading and improve operational efficiencies. 3 . The County agrees to continue to make Fire Channel B service available to all the members of Fire Radio and to take steps to upgrade and update the equipment which is a part of the base station, as funds are available , to see that the equipment available for the fire B service is the equivalent of that available to service the other emergency channels operated and maintained by the County Communications Center. 4 . The Fire Radio Service agrees to convey all right, title and interest in all of the equipment which is a part of the Fire Channel B base station including, but not limited to those items set forth in the attached Exhibit "A" . The Fire Radio Service agrees to cooperate with the County in transferring Federal Communications Commission license for Fire Channel B, File Number 31906-PF-96 to the name of the County. 5. Fire Radio shall continue to be entitled to a repre- sentative on the Communications Advisory Board for Weld County. County agrees not to add additional agencies to Fire B without the consent of the Fire B Board via its representative on the Communications Advisory Board. 6 . That this written agreement shall constitute the full and final understanding between the parties as to the respective rights and obligations of the parties regarding the transfer of the equipment and FCC license except as otherwise set forth in this agreement. This shall not constitute a limitation on the parties' ability to make further agreements concerning operations of the Fire B channel. 7 . The duties of the County as set forth herein shall be considered to be "proprietary" duties and as such, this agreement may not be cancelled or amended without the mutual consent of the parties hereto and is binding upon the successors of said parties. Should this paragraph be found to he unenforceable, it is the intent of the parties that the remainder of the agreement remain in full force and effect. ATTEST:��/Qe,_,__f_��J BOARD OF COUNTY COMMISSIONERS ((JJ//�r I4 cnnv+�u✓vvv WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Boar B ?)--)Lcm------ Bt. � , C air npro to —b puty County Cl r ATTEST: NORTH WELD COUNTY FIRE RADIO B Pre iaent�/ // ADDENDUM TO AQREEMENT BETWEEN "FIRE RADIO" AND "COUNTY" DATED MARCH 14.L 1248 The following are the original owners of the frequency known as 154 .14 MHz, call signal KWE 426 ("Fire B" ) and the equipment located at the Weld County Communications Center in Greeley, Colorado. The "Owners" listed below hereby consent to the preceeding agreement as witnessed by their signature by representative: KERSEY FIRE PROTECTION DISTRICT BY:42‘„, '2 PLATTEVILLE FIRE PROTECTION DISTRICT p � AULT FIRE PROTECTION DISTRICT L/t.s 4:t6) --- EATON F RE PROTECTION DISTRICT By: JOHNSTOWN .FIREE PROTECTION DISTRICT By e giy" EVANS FIRE PROTECTION DISTRICT /- -:7,1X,I.e /' GALETON FIRE PROTECTION DISTRICT By 1' WINDSOR FIRE PROTECTION DISTRICT BY: /4. . / - - EXHIBIT "A" 1 Motorola VHF Control Station Model #C73 MBH-1100 AR Serial #DA-016P including all associated equipment, antenna and transmission lines. MEMORAnDum WID To T.PP Mprriainn ('nnntY AttnrnP y'sDate April 16 1984 Office f' "1 COLORADO From Richard D._ Estreich. Director. Weld County Commu. "' s reffs Subject: Fire B Agreement Attached you will find the signed original of the contract agreement with the North Weld County Fire Radio group. An addendum has been added by the group bearing signature of all participating agencies of said group. Final preparation of an addendum, identifing the equipment referenced in paragraph 4 as Exhibit "A", is necessary. That equipment is identified as: 1-Motorola VHF Control Station Model #C73 MBH-1100 AR Serial #DA-016P including all associated equipment, antenna and transmission lines. Could you please complete this agreement & necessary resolutions to be forwarded for approval and signature by the Board of County Commissioners. The Federal Communications Commission forms #1046 (Assignment of Authorization) and #574 (Application for Radio Station Authorization) to modify licensing will be prepared for signatures and submission following the currently active engineering study of the Weld County Regional Communications System. We shall be able to legally operate within the current licensing documentation through 3 November 1986 pending anticipated modifications prior to that date. cc: Robert H. Rhinesmith, Director, Information Services Agency RDE/pac Hello