HomeMy WebLinkAbout20200504.tiffRESOLUTION
RE: APPROVE REGIONAL COMMUNICATIONS USER AGREEMENT FOR WIRELESS
RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN
COLORADO
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 a Regional Communications User
Agreement for Wireless Radio Services between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Safety Communications, and the University of Northern Colorado, commencing January 1,
2020, and ending December 31, 2020, with further 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 Regional Communications User Agreement for Wireless Radio
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Safety Communications,
and the University of Northern Colorado, 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 10th day of February, A.D., 2020, nunc pro tunc January 1, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: divrthe,t)•jdo;c.k
Weld County Clerk to the Board
Date of signature: o2/2-0/20
Mike Freeman, Chair
Steve Moreno, Pro-Tem
VACANT
arbara Kirkmeyer
Cc : cmcmw)
2/27/2O
2020-0504
CM0027
1; 390
Date Set:
BOCC STAFF USE
Time:
ARD OF COUNTY C
RK SESSION
MMISSIONERS
E +" ST
Work Session Title: Public Safety Radio Site Fiber edunda
cy[UNC
Department/Office: Public Safety Communications Date: e: 12-18-2019
Person rep
esting work session: Mike Wallace Extension: 2890
Has your commissioner coordinate r/:
x Yes, Commissioner Coordinator
Yes, BOCC chair
CC chair az roved t
Recommended length of time needed for discussion:
15 minutes
20 minutes X 30 minutes other (list) :
intenance
me work session
n a. ii ition to yourself and the board, please list who should attend: Don Warden,
Walt Leslie, Bob Choate
rief description of the issue: (please select one) nformational only X Action
needed
1. Sur current Fiber vendor Affinity has decided to close its doors. We currently
had a 10yr fiber agreement with them to provide fiber for site redundancy for all
our tower sites. Affinity has been working with Weld County and ZAYO fiber
company in working out an agreement to continue fiber redundancy for our sites.
Affiniti has agreed to refund the remaining amount, which is approximately
400,000 left on their agreement. This work session is to discuss the ZAYO
agreement for 10yrs to continue this redundancy. Also included in these
agreements would be a performance bond to protect us in the future of these type
of incidents. As well as the addition of adding the Timnath Site into this
redundancy.
2. UNC Dispatch Center Maintenance/Support. UNC Police has inquired if Weld
County Public Safety Wireless would provide maintenance and support for their 1
console dispatch center (MCC7500 console) on an annual basis and include it in
their maintenance and support agreement of their Fleet radios that WCPSW
currently provides. The cost for providing this service would be an additional
S6,000.00 added to their annual Radio Maintenance agreement
Optis for the board:
1. Approve —Option /11 10yrs at 900,000 + 7,650 for Annual Performance Bond,
which would add Timnath Site into the redundant fiber ring.
1. Approve — Option//2 10yrs at 720,000 + 6,120 for Annual Performance Bond,
which does not include Timnath Site.
2020-0504
m0
BOCC STAFF USE
Date Set: Time:
1. Deny — Option# 1 and go with Option#2
1. Deny — Both Options and not provide redundancy for radio towers
2. Approve — UNC agreement to provide Dispatch maintenance and support
Deny — UNC agreement to provide Dispatch maintenance and support
Recommendation to the board:
1. Recommend Approval of Option# 1. As this option is $180,000 more than the
Option#2. Public Safety Communications believes to ensure redundancies at all
our sites has been the goal as communicated by the BOCC previously and opting
for this would be a cost saving of approximate $350,000 at this time to provide
fiber to the Timnath Site. To provide fiber at the Timnath Site outside of
option#1, would be an additional $530,000
2. Recommend Approve Issue#2 to provide dispatch maintenance and support for
UNC Police Dispatch Center.
OARD CHAIR USE
Results/Outcomes:
WELD COUNTY REGIONAL COMMUNICATIONS
USER AGREEMENT
F OR WIRELESS RADIO SERVICES
THIS WELD COUNTY REGIONAL COMMUNICATIONS USER AGREEMENT FOR WIRELESS
SERVICES, is made and entered into this 30th day of December 2019 by and between the State
of Colorado acting by and on behalf of the Board of Trustees for the UNIVERSITY OF NORTHERN
COLORADO, and institution of high education organized by state statute and existing under and
by virtue of the laws of the State of Colorado, for and on behalf of its Police Department ("UNC
PD") and the COUNTY OF WELD, a body corporate and politic of the State of Colorado, by and
through its Board of County Commissioners (the "County").
WHEREAS, the UNC PD utilizes the Front Range Communications Consortium (FRCC) digital
trunked radio network for dispatching wireless communications and the Weld County
department of Public Safety Communications is responsible for the network security of the
FRCC digital trunked radio network within Weld County,
WHEREAS, vendor access to FRCC digital trunked radio network represents a network security
threat,
WHEREAS, the costs of the maintenance shall be provided annually to UNC PD. For 2020 they
are attached hereto and incorporated herein as Appendix 1.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained and
other good and valuable consideration, the receipt and adequacy of which are hereby confessed and
acknowledged, the parties agree to the following provisions:
1. PROVISION OF WIRELESS RADIO SERVICES BY THE COUNTY:
a) The County, through the Public Safety Wireless Communications Division, shall provide
the following Wireless services:
i. Annual Radio Programming (1 -Radio Template Change)
ii. Provide all parts and labor to repair radio equipment for Vendor Supported Models
as outlined in Appendix 2
iii. Annual Over -the -Air Identification Radio Preventative Maintenance (to include PM
work if identified)
iv. 24x7 Dispatch Console service as identified in Appendix 3
v. 24x7 Consolette base radio service if requested
vi. Alias Changes
vii. Database Management of FRCC/DTRS
viii. Annual Radio Training Resources
ix. Warranty Repair/Replacement Service for Vendor Supported Models as outlined in
Appendix 2
O,1.0aZP
#l)
x. Annual Reporting to the Director of Public Safety Communications for Radio
Maintenance and Programming
b) The WIRELESS RADIO SERVICES listed in 1(a) shall be provided to the UNC PD Monday
through Friday 8am to 5pm with exception of above identified 24x7 services
c) If UNC PD desires additional Wireless services beyond those described herein, it may
request such services from the County. It shall be in the sole discretion of the County
whether to accommodate such requests and any additional services provided shall be
the subject of a separate agreement.
d) The County is not responsible for the maintenance or costs associated with:
I. Radio Batteries, Antennas, Microphones, Speakers, Accessories
ii. Liquid Damage or Abuse
iii. Act of God
iv. Lightning Damage
v. Radio Headsets past Radio Demark
e) Additional Services Offered:
i. Radio Firmware upgrade at cost
ii. Radio Programming.at cost
2. SUPPORTED EQUIPMENT: Model numbers which are not pre -approved by the County
or are from a vendor who is not on the list in Appendix 2 shall not be eligible for the
maintenance or support under this agreement.
3. COSTS: The cost basis for wireless radio services for the following year will be provided
to the UNC PD by June 1 of each year, based on Annual User Radio System Inventory as
of May 15th of each year.
4. TERM: The term of this IGA shall be from January 1, 2020, to and until December 31,
2020, and shall continue for successive one-year periods thereafter, unless terminated
sooner by either party by giving to the other notice of termination at least 180 days
prior to the projected date of termination. Or a mutually agreed upon date.
5. ENTIRE AGREEMENT: This writing constitutes the entire agreement between the parties
hereto with respect to the subject matter herein, and shall be binding upon said parties,
their officers, employees, agents and assigns.
6. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers, employees, or agents may
possess, nor shall any portion of this IGA be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this IGA.
7. NON -APPROPRIATION: Financial obligations of the parties imposed under this IGA and
payable after the current fiscal year are contingent upon funds for that purpose being
appropriated, budgeted and otherwise made available. By execution of this IGA, the
parties do not warrant that funds will be available to fund this IGA beyond the current
fiscal year and no portion of this IGA shall be deemed to create an obligation on the part
of the County to expend funds not otherwise appropriated in each succeeding year.
8. NON -LIABILITY: The UNC PD agrees that in no event shall the County be liable to UNC
PD due to any stoppage, delay, or any impairment in the provision of wireless radio
services pursuant to this IGA where such stoppage, delay, or impairment result from
acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside
the control of the County.
9. MUTUAL LIABILITY. Without waiving sovereign immunity, each party shall be
responsible for the negligent acts or omissions of its own employees, officers, and/or
agents in the performance of this agreement.
10. NO THIRD PARTY BENEFICIARY ENFORCEMENT. 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 undersigned parties and
nothing in this IGA shall give or allow any claim or right of action whatsoever by any
other person not included in this IGA. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits
under this IGA shall be an incidental beneficiary only.
11. COLORADO SPECIAL PROVISIONS. The Colorado Special Provisions are incorporated herein are
required by University of Northern Colorado Fiscal Rule 3.11 to be used in every expenditure
contract. In the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Agreement/contract and any of the provisions of the Colorado Special
Provisions, the provisions of the Colorado Special Provisions shall in all respects supersede,
govern and control. As used in these Special Provisions, "State" refers to "the Board of Trustees
for the University of Northern Colorado," and "Contractor" refers to "County of Weld."
These Special Provisions apply to all contracts except where noted in Italics.
1. INTENTIONALLY OMITTED. NUMBERING PRESERVED.
2, FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted,
and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101,
et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b) and 2671, et seq., as applicable
pp ab a now
or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an
independent contractor and not as an employee. Neither Contractor nor any agent or employee
of Contractor shall be deemed to be an agent or employee of the State. Contractor and its
employees and agents are not entitled to unemployment insurance or workers compensation
benefits through the State and the State shall not pay for or otherwise provide such coverage
for Contractor or any of its agents or employees. Unemployment insurance benefits will be
available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and
income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have
authorization, express or implied, to bind the State to any agreement, liability or understanding,
except as expressly set forth herein. Contractor shall (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and
those of its employees and agents.
5. COMPLIANCE WITH LAW CRS §24-30-202. Contractor shall strictly comply with all applicable
federal and state laws, rules, and regulations in effect or hereafter established, including,
without limitation, laws applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW CRS §24-30-202. Colorado law, and rules and regulations issued pursuant
thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any
provision included or incorporated herein by reference which conflicts with said laws, rules, and
regulations shall be null and void. Any provision incorporated herein by reference which
purports to negate this or any other Special Provision in whole or in part shall not be valid or
enforceable or available in any action at law, whether by way of complaint, defense, or
otherwise. Any provision rendered null and void by the operation of this provision shall not
invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED §24-30-202. The State does not agree to binding
arbitration by any extra -judicial body or person. Any provision to the contrary in this contact or
incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other
public funds payable under this contract shall not be used for the acquisition, operation, or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this contract and
any extensions, Contractor has and shall maintain in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that Contractor is in violation
of this provision, the State may exercise any remedy available at law or in equity or under this
contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or
beneficial interest whatsoever in the service or property described in this contract. Contractor
has no interest and shall not acquire any interest, direct or indirect, that would conflict in any
manner or degree with the performance of Contractor's services and Contractor shall not
employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to
intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may
withhold payment under the State's vendor offset intercept system for debts owed to State
agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of
tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due
to the Student Loan Division of the Department of Higher Education; (d) amounts required to be
paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State
as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it
does not knowingly employ or contract with an illegal alien who will perform work under this
contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in
the E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c),
Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract or enter into a contract with a subcontractor that fails to certify to Contractor that
the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this contract. Contractor (a) shall not use E -Verify Program or Department program
procedures to undertake pre -employment screening prior to the acceptance of an offer of
employment and the employee's and employer's completion of From 1-9, (b) shall notify the
subcontractor and the contracting State agency within three days if Contractor has actual
knowledge that a subcontractor is employing or contracting with an illegal alien for work under
this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or
contracting with the illegal alien within three days of receiving the notice, and (d) shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to CRS
§8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contractor
participates In the Department program, Contractor shall deliver to the contracting State
agency, Institution of Higher Education or political subdivision a written, notarized affirmation,
affirming that Contractor has examined the legal work status of such employee, and shall
comply with all of the other requirements of the Department program. If Contractor fails to
comply with any requirement of this provision or CRS §8-17.5-101, et seq., the contracting State
agency, institution of higher education or political subdivision may terminate this contract for
breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury
that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24-76.5-101, et seg., and (c) has
produced one form of Identification required by CRS §24-76,5-103 prior to the effective date of
this contract. Revised 4/28/15
IN W TNESSWHEREOF,the parties hereto have signed this Agreement this /c day of
abb.
THE BOARD OF TRUSTEES FOR THE
UNIVERSITY OF NORTHERN COLORADO
BY:
Name: Michelle F. Quinn
Title: Senior Vice President & CFO
WELD COUNTY:
ATTEST: daritA) v• ;(1
Weld Coumy Clerk to throard
BY:
Deputy Clerk
Date t/iv /7C)
BOARD OF COUNTY COMMISSIONERS WELD
COUNTY, COLORADO
Mike Freeman, Chair
FEB 1 0 2020
ozoau
APPENDIX 1
WIRELESS RADIO SERVICES COSTS
Beginning andfortheyear2020the costs are the FlatRateof:
$6000.00 per MCC7500 console position
$100.00 per Mobile Radio
$100.00 per Portable Radio
$500.00 per Consolette Radio
$40.00 per radio for additional reprogramming
All parts listed in section 1.d) i. of the agreement will be provided at cost to UNC PD.
Count of
Radios
MCC7500
1
Base
1
Mobile
8
Portable
32
APPENDIX 2
SUPPORTED VENDOR LIST
Motorola
Bendix King
Harris
EF Johnson / Kenwood
APPENDIX 3
24X7 DISPATCH CONSOLE SERVICE
The County, through the Public Safety Wireless Communications Division (PSWC), will maintain
the following MCC7500 Dispatch Console equipment:
1. Console position Equipment to include:
A. Console position personal computer/workstation
B. Console position Keyboard
C. Console position Mouse
2. Console position Voice Processing Unit (VPM) to include
A. Headset jack
B. Foot pedal
C. Select and Unselect speakers
3. MCC7500 Software and security patches
4. Console Site Equipment to include:
A. Conventional Site Controller
B. Motorola Site Routers
C. GGM8000 Gateway
D. Console Site Switch
All repairs shall be completed with Motorola approved equipment.
PSWC shall monitor the UNC PD console site for system alarms and schedule the appropriate
maintenance response with UNC PD Dispatch.
To report issues or request repairs between 0830 and 1630, Monday through Friday, UNC PD
will call 970-400-2888 or email PSWC((weldgov.com.
To report issues or request repairs after PSWC business hours, on weekends or Holidays; UNC
PD shall call Weld County Regional Communications Center (WCRCC) (970-350-9600 #4), ask for
a supervisor and request that the "radio on -call technician" be notified. The on -call technician
shall call the telephone number designated by UNC PD to respond to the request.
Contract Form
nformation
Entity Name*
UNC
Contract Name*
WIRELESS RADIO SERVICES AGREEMENT
Contract Status
CTB REVIEW
Entity ID*
@00000090
New Entity?
Contract ID
3401
Contract Lead*
MRWALLACE
Contract Lead Email
mrwallace@co.weld co us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description
WIRELESS SERVICES AGREEMENT FOR UNC POLICE FOR MOBILE, PORTABLE AND DISPATCH RADIO SERVICE AND
MAIN I ENANCE
Contract Description 2
Contract Type'
AGREEMENT
Amount *
$0.00
Renewable*
YES
Automatic Renewal
YES
Grant
NO
KA
NO
Department
COMMUNICATIONS
Department Email
CM-
Communications@vieldgovco
m
Department Head Email
CM-Communications-
DeptHead@weldgovcorn
County Attorney
GENERAL COUNTY
Ai IORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
02/05/2020
Due Date
02/01,2020
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept to be included?
NO
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Effective Date
01/01/2020
Review Date'
12/09/2030
Termination Notice Period
Committed Delivery Date
Renewal Date*
01/01/2021
Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Proces
Department Head
MIKE WALLACE
OH Approved Date
0131/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02/10/2020
Originator
MRWALLACE
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
02103/2020
Tyler Ref #
AG 021020
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
02/0412020
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