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Home My WebLink About20181614.tiffRESOLUTION RE: APPROVE USER SERVICES AGREEMENT FOR FRONT RANGE COMMUNICATIONS CONSORTIUM MASTER CORE SWITCH 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 User Services Agreement for Front Range Communications Consortium Master Core Switch 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 University of Northern Colorado, commencing January 1, 2018, and ending December 31, 2018, 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 User Services Agreement for Front Range Communications Consortium Master Core Switch 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 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 21st day of May, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d„1% v••� Weld County Clerk to the Board Deputy Clerk to the BY: APPR Attorney Date of signature: ©6 4 718 Stele Moreno, Chair Barbara Kirkmeyer Sean P. C Julie A. Cozad C C: atne/nul) O7 0548 Mike Freeman 2018-1614 CM0026 Michael R Wallace, ENP Director Public Safety Communications Communications To: Board of County Commissioners Ref: FRCC User Agreement Weld County Regional Communications Center 1551 N 17th Avenue, Ste 2, Greeley, CO 80631 Phone: 970-350-9600 x4 ! Fax: 970-304-6501 WCRCC@WeldGov.com www.co.weld.co.us The attached agreement with University of Northern Colorado is to become a System User of the FRCC Radio System. This agreement outlines the proportionate share of cost as a user of the system. 2018-1614 GAY) OO o1Q THIS USER AGREEMENT (the "Agreement") made and entered into this <enter date> between Weld County, by and through the Board of County Commissioners, a Home Rule County of the State of Colorado; Adcom911,Inc, a 501 C3; Collectively the Front Range Communications Consortium ("FRCC") and University of Northern Colorado., hereinafter referred to as "City/Town/District 1. PUBLIC SAFETY LAND MOBILE RADIO (PSLMR) SERVICES PROVIDED BY THE FRCC: a. The FRCC, shall provide the following: i. A console port assignment for one (1) MCC7100 dispatch consoles to be connected to the FRCC Master Switch; ii. One (1) Talkgroups for Public Safety Agency Use iii. 46 subscriber IDs for Public Safety Agency Use; b. The FRCC shall provide maintenance on the Master Switch to include a. Motorola approved software updates to the Master Site Equipment b. Motorola approved security updates to the Master Site Equipment, c. Implementation of Motorola Field Service Bulletins that apply to the current FRCC System configuration. c. If the City/Town/District desires additional services beyond those described herein, it may request such services from the FRCC. It shall be in the sole discretion of the FRCC whether to accommodate such requests and any additional services provided shall be the subject of a separate agreement. 2. REQUIREMENTS OF THE CITY/TOWN/DISTRICT a. City/Town/District must show annual maintenance records of all Subscriber units no later than December 31St of current year and every year thereafter to include subscriber ID# and date of maintenance to the FRCC. b. City/Town/District must show New Hire and Annual employee Radio Subscriber Unit Training documentation no later than December 31St of current year and every year thereafter to include Name of employee, date of training and current Radio Template to the FRCC. (See Appendix A for training content) c. Sub -System Updates. All sub -systems connecting to the Front Range Master Zone Switch shall be kept up to date by the City/Town/District owning or operating said sub- system. d. City/Town/District shall maintain their consoles, all equipment tied to the switch current and compatible with the FRCC switch operating system software versions and upgrades as determined solely by the FRCC partners. City/Town/District shall be responsible for their proportional share costs related to upgrades of the FRCC Switch systems; determined by the proportionate number of City/Town/District consoles operating upon the FRCC switch 3. COST FOR SERVICES. 07-0/4P-76/- a. The FRCC shall determine costs to be paid by the City/Town/District for Public Safety Land Mobile Radio services. Weld County is the fiscal agent for the FRCC. Weld County shall bill the City/Town/District annually for the costs associated with this agreement. All such bills shall be paid by City/Town/District within sixty (60) days of the date of billing (date the bill is sent to the City/Town/District). b. The FRCC has determined the following costs to be paid by the City/Town/District a. An Annual Switch Maintenance fee for one (1) consoles -$858.48. The Annual Switch Maintenance fee for one (1) consoles for the following year will be provided by the FRCC Board to the City/Town/District by July 1st of each year. The costs are subject to change on an annual basis and upon notification to the City/Town/District. 4. TERM: The term of this IGA shall be from January 1, 2018, to and until December 31, 2018, 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. TERMINATION. a. Termination Due to Non -Payment. The right of City/Town/District to access the Front Range Master Zone Switch shall be terminated upon non-payment of its equal share of the costs detailed in Section 3 above. Upon such termination, the City/Town/District 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 City/Town/District. The City/Town/District may terminate its right to access the Front Range Master Zone Switch upon providing notice of such termination and withdrawal from this IGA to the FRCC received at least twelve (12) months prior to the intended date of termination. The City/Town/District shall be obligated to pay its "Cost For Services", as defined in Section 3, to Weld County through the intended date of termination. Any City/Town/District 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 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. 6. 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. 7. NON -ASSIGNMENT: This agreement is Exclusive to the parties and non -transferable. The City/Town/District may not assign or transfer its right to connectivity or use of the Front Range Master Zone Switch to another person or entity. 8. 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. 9. 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 FRCC to expend funds not otherwise appropriated in each succeeding year. 10. NON -LIABILITY: The City/Town/District agrees that in no event shall the FRCC be liable to the City/Town/District for delays or inability to use the Front Range Master Zone Switch for any reason. 11. INDEMNITY. To the extent authorized or limited by law, the City/Town/District agrees to indemnify, defend, and hold the FRCC, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures to act by the City/Town/District, its employees, officers, and agents, occurring from the point of receiving PSLMR services pursuant to this IGA. To the extent authorized or limited by law, the FRCC agrees to indemnify, defend, and hold City/Town/District, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures to act by the FRCC, its employees, officers, and agents, occurring from the provision of public safety dispatch services pursuant to this IGA. 12. 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. 13. INTERRUPTIONS. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 14. COMPLIANCE WITH LAW. Parties 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. Dennis Pumphrey Chief of Police University of Northern Colorado ATTEST: Weld Co my Clerk to the Board WELD COUNTY, COLORADO d‘riLd.v V Jcia,;(,k. Date: Q IP 3‘Q ( `6 BOARD OF COUNTY COMMISSIONERS BY: Deputy Cl k eve Moreno, Chair MAY 21 2018 Hello