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Home My WebLink About20183524.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING USE OF WCRCC 35TH AVENUE BACK-UP COMMUNICATIONS CENTER AND AUTHORIZE CHAIR TO SIGN - ADAMS COUNTY COMMUNICATIONS CENTER, INC. 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 Regarding Use of the WCRCC 35th Avenue Back-up Communications Center 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 Adams County Communications Center, Inc., commencing upon full execution of signatures, 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 Intergovernmental Agreement Regarding Use of the WCRCC 35th Avenue Back-up Communications Center 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 Adams County Communications, Inc., 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 5th day of November, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dj„ J w xx,O;,A Weld County Clerk to the Board BY: Deputy rk to the Board APPROV'D AS ounty Attorney Date of signature: /2/3//8 Ste Moreno, Chair ttafict- rbara Kirkmeyer ike Freeman cmcmw) 2018-3524 CM0026 gional Communications November 2, 2018 To: Board of County Commissioners From: Mike Wallace Weld County Regional Communications Center 1551 N 17th Avenue, Ste 2, Greeley, CO 80631 Phone: 970-350-9600 x4 I Fax: 970-304-6501 WCRCC@WeldGov.com www.co.weld.co.us The attached is an agreement with Adam's County Communication's Center for utilization of Weld County Communication's backup facility. Utilization of the center will be for emergency operations in case of evacuation at Adam's County and for training of evacuations at Adam's County. This will be orchestrated and scheduled prior with Weld County's Communications Center. Michael R Wallace, ENP,CMCP Weld County Director of Public Safety Communications 2018-3524 c,mooeCo INTERGOVERNMENTAL AGREEMENT REGARDING USE OF THE WCRCC 35TH AVENUE BACK-UP COMMUNICATIONS CENTER THIS INTERGOVERNMENTAL AGREEMENT REGARDING USE OF THE WCRCC 35TH AVENUE BACK-UP COMMUNICATIONS CENTER ("IGA"), is made and entered into by and between Adams County Communications Center, Inc. ("ADCOM"), by and through its authority granted by the various government jurisdictions represented on the ADCOM Board of Directors to sign this IGA, 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"), an association of local governments whose address is P.O. Box 758, 1150 O Street, Greeley, Colorado 80632. Weld County, on behalf of WCRCC, and ADCOM are collectively referred to as the "Parties" or individually as a "Party". WITNESSETH: WHEREAS, Weld County is a political subdivision of the State of Colorado duly organized and existing in accordance with Colorado law. ADCOM is a Colorado public entity formed by local governments; and, WHEREAS, pursuant to C.R.S. § 29-1-203(1), the Parties 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. § 29-1-203(1) to enter into this IGA. Weld County is further authorized to enter into this IGA pursuant to Article II, § 2-3 of the Weld County Home Rule Charter; and, WHEREAS, with the intent of protecting existing assets and to ensure the sustainability of their established communications network, the Parties desire to cooperate with one another for both emergency operations and training; and, WHEREAS, the Parties have worked together to enhance the connectivity among the Parties, with the goal of furthering public safety along the Front Range of Colorado; and, WHEREAS, in the performance of governmental functions, each Party 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, WCRCC owns and maintains the 35th Avenue Back -Up Communications Center ("Back -Up Communications Center"); and WHEREAS, the Parties agree that this IGA is necessary to ensure the health, safety and welfare of the citizens who reside within their jurisdictional boundaries. Imergevemmened Agreemem Regarding Use Of The WCRCC 33* Avenue Bsek-Up Communications Cenier 2847834.2 Pavlof 6 aN2 [�/(// NOW, THEREFORE, in consideration of the mutual promises and agreements of the Parties contained herein, and other good and valuable consideration, the receipt of which are hereby acknowledged, the Parties agree to the following: 1. Use. In the event of a disruption of service of its primary communications facility, ADCOM may utilize the Back -Up Communications Center as necessary. The Back -Up Communications Center may be utilized for training purposes by ADCOM. Scheduling for training shall be done through the Weld County Director of Public Safety Communications. In the event of a scheduling conflict, priority will go to WCRCC. 2. Compensation. The services to be performed under this IGA are to be non -compensated by the requesting Party, except as provided for in this section. a. In the event of an emergency where a Party is unable to provide adequate personnel to operate the Back -Up Communications Center, the other Party will provide personnel as they are able, and consistent with the terms and conditions of the July 20, 2015 Joint Mutual Assistance Agreement between the Parties. This will be without cost for the first 72 hours of operation and then billed on an hourly basis. b. Recovery of Funds/Reimbursement of Expenses: If costs for an incident or event involving mutual aid are recovered above and beyond the Parties' normal method for revenue generation/cost recovery, the proceeds shall be shared on a pro -rata basis with requesting and responding Parties. c. The responding center shall maintain detailed records of expenditures incurred by it on the behalf of the other for submission to the requesting center. 3. Connectivity. It shall be the responsibility of each Party to connect to the Back -Up Communications Center at its own cost. 4. Costs of Maintenance and Utility. WCRCC shall be responsible for the costs of maintenance and utilities associated with the operation and maintenance of the Back -Up Communications Center. 5. Termination of IGA. Either Party may terminate this IGA upon at least one hundred eighty (180) days prior written notice to the other Party or upon breach of the IGA 6. Independent Parties. The Parties agree that they are independent of one another, and that each Party's agents or employees are not, nor shall they be deemed to be, agents or employees of the other Parties for any purpose. The Parties shall have no authorization, express or implied, to bind each other to any agreement, liability, or understanding with respect to the Back -Up Communications Center. 7. Entire Agreement/Modifications. This IGA contains the entire agreement between the Parties with respect to the subject matter contained in this IGA. Except with respect to Intergovenimened Agreement Regudtng Use Of The WCRCC JS° Avenue Back.Up Commumcdtuns Canter Pose 2 of 6 2847909.2 the agreement between the Parties for the provision of personnel set forth in the July 20, 2015 Joint Mutual Assistance Agreement, 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 both Parties. Course of conduct, no matter how long, shall not constitute an amendment to this IGA. 8. Funding Contingency. No portion of this IGA shall be deemed to create an obligation on the part of either Party to expend funds not otherwise appropriated or budgeted for. 9. 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 Parties. 10. Governmental Immunity. No portion of this IGA shall be deemed to constitute a waiver of any immunities the Parties or their officers or employees may possess under federal or state constitutional, statutory or common law, including the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. 11. Hold Harmless. Each party shall be responsible for any liability resulting from the negligence of its employees or agents. Each Party shall provide Worker's Compensation Insurance for all employees in the performance of this IGA, as required by the Colorado Worker's Compensation Act. 12. 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 Parties 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 Parties that any individual or entity other than the Parties receiving services or benefits under this IGA shall be an incidental beneficiary only. 13. Employment Status of Personnel. Nothing contained in this IGA, and no performance under this IGA by personnel of the Parties, shall in any respect alter or modify the status of officers, agent, or employees of the respective Party for purposes of worker's compensation or their benefits or entitlements, pension, levels or types of training, internal discipline, certification, or rank procedures, methods, or categories, or for any purpose, or condition or requirement of employment. The claim shall be processed as if it were generated by any other work assignment within the Party's jurisdiction. The Party shall remain responsible for processing any worker's compensation claims filed by its personnel. 14. No Party to this IGA is under any obligation to respond to a call from another Party. Weld County reserves the right restrict access to the Back -Up Communications Center at it's discretion. In the event that Weld County is experiencing an emergency at the same time that ADCOM requires use of the Back -UP Communications Center, Weld County's Intergovernmental Agreement Regarding Use Of The WCRCC 3!° Avenue Beck -Up Communications Canter Page 3 of 6 28471159.2 use of the Back -Up Center shall have priority. No Party shall be required to deplete unreasonably its own resources, facilities and services. 15. Amendments to this agreement must be in writing and signed by both parties. 16. Interruptions. Neither Party to this IGA shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this IGA, 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. 17. 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 Party at their address as stated above, or at such other address as a Party may specify by giving notice to the other Party in accordance with this paragraph. Notice shall be deemed given upon hand delivery or depositing in the mail. 18. Execution and Effective Date. This IGA may be executed in counterparts and by facsimile or electronic PDF, all of which shall constitute one instrument. This IGA shall become effective on the date the last Party signs this IGA. [SIGNATURE PAGES IMMEDIATELY FOLLOW] Intayovernmcmel Agreement Regrading Use Of The WCRCC 35th Avenue Back•Up Communications Center Page 4 of 6 2847859.2 Dated this day of Ockc, 2018. ATTEST: ADAMS COUNTY COMMUNICATIONS CENTER, INC. Byl, 2847659 2 By: -�"�— Title: C 'ac os4RD G'l.rz Inlcrgovemmemol Agreement Regarding Use Of The WCRCC 33n Avenue Beek -Up Communication Cartier Pegs 5 of 6 Dated this�l day of() , 2018. ATTEST: EtV - — ' � .:::40; e1 Clerk to the By: Deputy Cler !o e Bo 2147159 2 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ON BEHALF OF THE WELD COUNTY REGIONAL COMMUNICATIONS CENTER Steve Moreno, Chair U 5 2018 Imerlovemmenml Agreement Reprdml Use Of The WCRCC 350 Avenue Back -Up Communications Censer Page 6of6 07148- Hello