HomeMy WebLinkAbout20174165RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT REGARDING PURCHASE OF A
REDUNDANT DYNAMIC SYSTEM RESILIENCE (DSR) SWITCH AND FOUR SYSTEM
SOFTWARE UPGRADES 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 Purchase of a Redundant Dynamic System Resilience (DSR) Switch and Four System
Software Upgrades 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 and
Communications, and Adams County Communications Center, Inc., commencing upon full
execution of signatures, with further terms and conditions being as stated in said
intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
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 Purchase of a Redundant
DSR Switch and Four System Software Upgrades 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 and Communications, and Adams County Communications Center,
Inc., be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said intergovernmental agreement and all necessary documents.
2017-4165
CM0025
RE: INTERGOVERNMENTAL AGREEMENT REGARDING PURCHASE OF A REDUNDANT
DSR SWITCH AND FOUR SYSTEM SOFTWARE UPGRADES - ADAMS COUNTY
COMMUNICATIONS CENTER, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: datoLio j/144;€4,
Weld County Clerk to the Board
BY:
APP
aunty A orney
Date of signature: .rf Qct/ l"f
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
arbara Kirkmeyer
2017-4165
CM0025
Regional
Communications
To: Board of County Commissioners
Ref: IGA with ADCOM for DSR/Upgrade Project
ntr-oec+ =O 4 t SO I
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 IGA is between ADCOM and Weld County in regards to payment of the FRCC (Front
Range Communications Consortium) for the 4 System upgrades and the DSR Core for the FRCC Radio System.
Michael R. Wallace
Director Public Safety Communications
2017-4165
Gm oo as
INTERGOVERNMENTAL AGREEMENT REGARDING PURCHASE OF A REDUNDANT
DSR SWITCH AND FOUR SYSTEM SOFTWARE UPGRADES
THIS INTERGOVERNMENTAL AGREEMENT ("IGA") effective this/day of
, 2017, is made and entered into by and between Adams County Communications
Center, Inc. ("ADCOM"), a Colorado public entity formed by and through the various
government jurisdictions represented on the ADCOM Board of Directors, whose address is 7321
Birch Street, Commerce City, Colorado 80022; and the Board of County Commissioners of
Weld County, a political subdivision of the State of Colorado ("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. ADCOM, the County,
and WCRCC are referred to collectively as "the Participating Agencies," and each individually
as a "Participating Agency," or by their respective name.
WITNESSETH:
WHEREAS, the Participating Agencies previously entered into that certain
Intergovernmental Agreement Regarding a Consortium to Enhance Connectivity in Radio
Communications Along Colorado's Front Range effective May 6, 2013 ("FRCC Establishing
IGA");
WHEREAS, pursuant to C.R.S. Section 29-1-203(1) and the FRCC Establishing IGA, the
Participating Agencies established the Front Range Communications Consortium ("FRCC") to
enhance the connectivity among the Participating Agencies, with the goal of furthering public
safety along the Front Range of Colorado. In furtherance of these goals, the Participating
Agencies also cooperated and contracted with one another to purchase and maintain a
communications switch ("Front Range Master Zone Switch") pursuant to the FRCC Establishing
IGA. The Front Range Master Zone Switch is hosted by ADCOM at ADCOM's
communications building;
WHEREAS, with intent of protecting existing assets and to ensure the sustainability of
their established communications network, the Participating Agencies desire to cooperate and
contract with one another to purchase and maintain a Dynamic System Resilience ("DSR")
switch ("Front Range DSR Switch") to establish system redundancy and to enhance the
connectivity among the Participating Agencies, with the goal of furthering public safety along
the Front Range of Colorado;
WHEREAS, WCRCC has agreed to host the Front Range DSR Switch at the WCRCC
back-up center;
WHEREAS, purchase of the Front Range DSR Switch also includes four system software
upgrades as part of the purchase package, which will advance the system from version 7.13 to
7.18 (collectively, "Software Upgrades");
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 1 of 8
2545055.8
aoi�-ti l cos
WHEREAS, the Participating Agencies agree to share proportionally the costs associated
with the purchase and maintenance of the Front Range DSR Switch, including the Software
Upgrades, in accordance with the terms of this IGA;
WHEREAS, pursuant to C.R.S. Section 29-1-203(1), the Participating Agencies are
authorized to cooperate with one another to provide any function or service lawfully authorized
to each and are therefore each authorized to enter into this IGA; and
WHEREAS, the Participating Agencies agree that this IGA is necessary to ensure
equality and fairness among them, and to ensure the health, safety and welfare of the citizens
who reside within their jurisdictional boundaries.
NOW, THEREFORE, in consideration of the mutual promises and agreements of the
Participating Agencies contained herein, and other good and valuable consideration, the receipt
of which are hereby acknowledged, the Participating Agencies agree to the following:
I. HOSTING OF, CONNECTIVITY TO, AND SHARING OF COSTS OF FRONT
RANGE DSR SWITCH AND SOFTWARE UPGRADES.
A. Host Facility. WCRCC agrees to be the host facility for the Front Range DSR
Switch. WCRCC shall provide a "clean site" sufficient in size within its offices for
the location of the Front Range DSR Switch, and shall pay for any and all costs of
maintaining said building. Insurance sufficient to cover replacement cost of the Front
Range DSR Switch shall be carried and paid for by WCRCC.
B. Connectivity. It shall be the responsibility of each Participating Agency to connect to
the Front Range DSR Switch at its own cost, with preferred transmission being by
Ethernet.
C. Costs of Purchase, Maintenance and Utility. The Participating Agencies shall each be
responsible for the initial costs of purchasing and installing the Front Range DSR
Switch and the Software Upgrades as indicated in the attached Exhibit 1, which is
incorporated herein by reference. The County shall be responsible for the arranging
for and paying the costs of the initial purchase and installation of the Front Range
DSR Switch, and the Software Upgrades, on behalf of the FRCC. The costs of
maintenance and utilities associated with the operation and maintenance of the Front
Range DSR Switch, shall be paid by all of the Participating Agencies in the same
manner as such costs are shared and paid in the original intergovernmental agreement
dated May 6, 2013. No Participating Agency that terminates its participation in this
IGA shall be entitled to reimbursement of amounts it has already paid.
Fiscal Agent and Billing. The County is the fiscal agent for the FRCC. Accordingly,
the County shall bill each Participating Agency for its proportionate costs of
purchasing the Front Range DSR Switch and the Software Upgrades, and the costs of
maintenance and utilities associated with the operation and maintenance of the Front
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades Page 2 of 8
2545055.8
Range DSR Switch. With respect to the initial purchase and installation of the Front
Range DSR Switch, and the Software upgrades, ADCOM shall pay fifty (50) percent
of its share of such costs set forth in Exhibit 1 in January of 2018 and the remaining
fifty (50) percent of such costs in January of 2019. All such bills shall be paid by
ADCOM within sixty (60) days of the date it receives a bill from the County.
D. The State of Colorado may be a "user" of the Front Range DSR Switch through a
separate contract with the FRCC.
II. SYSTEMS UPDATES AND TECHNICAL SUPPORT.
A. Technical Support. Technical support for the Front Range DSR Switch and all
connections thereto shall be by the technical support staff of the Participating
Agencies.
B. System Updates. All systems connecting to the Front Range DSR Switch shall be
kept up to date by the Participating Agencies.
III. TERMINATION.
A. Termination Due to Non -Payment. The right of a Participating Agency to access the
Front Range DSR Switch shall be terminated upon non-payment of its equal share of
the costs detailed in Section I.C., above. Upon such termination, the Participating
Agency must separate its connection to the Front Range DSR Switch immediately.
Said termination of rights may be enforced by injunction ordered by the Weld County
District Court. Any Participating Agency that fails to pay its financial obligations
under this IGA shall lose any ownership interest in the Front Range DSR.
B. Termination of Use by Participating Agency. Any Participating Agency may
terminate its right to access the Front Range DSR Switch upon providing notice of
such termination and withdrawal from this IGA to all other Participating Agencies
received at least twelve (12) months prior to the intended date of termination. The
terminating Participating Agency shall be obligated to pay its equal share, as defined
above, to the County through the intended date of termination. Any Participating
Entity that has terminated and then desires to re-enter this IGA and thereby resume
using the Front Range DSR Switch shall, prior to resuming such use, be required to
pay to the County the equal share of the Front Range DSR Switch maintenance and
operations that it would have paid during the time of its absence from the IGA. Any
Participating Agency that fails to pay its financial obligations under this IGA shall
lose any ownership interest in the Front Range DSR.
C. Termination of FRCC Establishing IGA.
1. This IGA shall terminate automatically upon the termination of the FRCC
Establishing IGA.
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 3 of 8
2545055.8
2. The right of a Participating Agency to access the Front Range DSR Switch shall
terminate automatically upon the termination of such Participating Agency's right
to access the Front Range Master Zone Switch pursuant to the FRCC Establishing
IGA. Likewise, the right of a Participating Agency to access the Front Range
Master Zone Switch shall terminate automatically upon the termination of such
Participating Agency's right to access the Front Range DSR Switch pursuant to
this IGA. If such termination occurs as the result of a Participating Agency
providing notice of termination and withdrawal pursuant to Section III.B. of this
IGA or pursuant to Section IV.B. of the FRCC Establishing IGA, then such
Participating Agency shall be deemed to have provided notice of termination and
withdrawal pursuant to both such Sections. Pursuant to Section V.F. of the FRCC
Establishing IGA, this Section III.D.2. shall constitute a written amendment to the
FRCC Establishing IGA.
D. Division of Assets.
1. Termination of Use by Participating Agency. Upon termination by a Participating
Agency, the Participating Agency shall not be entitled to recovery of any costs
that were paid by it for purchasing the Front Range DSR Switch, including the
Software Upgrades, or its maintenance and utility costs. It also shall have no
rights or interests in the Front Range DSR Switch upon termination.
2. Termination by the County/WCRCC. Upon termination by the County or
WCRCC, the FRCC shall either relocate the Front Range DSR Switch to another
agreed upon host facility, or the then -Participating Agencies shall determine an
equitable division of the Front Range DSR Switch asset among the Participating
Agencies.
IV. MISCELLANEOUS PROVISIONS.
A. Independent Participating Agencies. Participating Agencies agree that they are
independent of one another, and that each Participating Agency's agents or
employees are not, nor shall they be deemed to be, agents or employees of the other
Participating Agencies for any purpose. The Participating Agencies shall have no
authorization, express or implied, to bind each other to any agreement, liability, or
understanding with respect to WCRCC's host facility.
B. Non -Assignment. No Participating Agency may assign or transfer its right to
connectivity or use of the Front Range DSR Switch to another person or entity.
C. Interruptions. No Participating Agency shall be liable to any other Participating
Agency for delays or inability to use the Front Range DSR Switch for any reason.
D. 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
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 4 of 8
2545055.8
Participating Agencies at their address as stated above. Notice shall be deemed given
upon hand delivery or depositing in the mail.
E. Compliance. This IGA and the provision of services hereunder shall be subject to the
laws of the state of Colorado. Jurisdiction and venue shall lie exclusively in Weld
County District Court. The Participating Agencies shall comply with all applicable
Federal and State laws, rules and regulations in effect or hereafter established.
F. Entire Agreement/Modifications. Except for the FRCC Establishing IGA, which
shall remain in full force and effect, this IGA contains the entire agreement between
the Participating Agencies, and all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this IGA
are merged herein. This IGA may be changed or supplemented only by a written
instrument signed by all of the then -Participating Agencies. Course of conduct, no
matter how long, shall not constitute an amendment to this IGA.
G. Funding Contingency. No portion of this IGA shall be deemed to create an obligation
on the part of any Participating Agencies to expend funds not otherwise appropriated
or budgeted for.
H. 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
Participating Agencies.
I. Governmental Immunity. No portion of this IGA shall be deemed to constitute a
waiver of any immunities the Participating Agencies or their officers or employees
may possess under federal or state constitution, statutory or common law.
J. 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 Participating Agencies 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
Participating Agencies that any person or entity other than the Participating Agencies
receiving services or benefits under this IGA shall be an incidental beneficiary only.
K. Execution. This IGA may be executed in counterparts and by facsimile or electronic
PDF, all of which shall constitute one instrument.
L. Additional Entities. In the event the Participating Agencies amend the FRCC
Establishing IGA to add additional entities as Participating Agencies, then the
Participating Agencies also shall amend this IGA to add the same additional entities
as Participating Agencies, and shall require such additional entities, prior to being
able to use the Front Range DSR Switch, to pay a proportionate share of the costs of
the Front Range DSR Switch incurred to that date by the other Participating
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 5 of 8
2545055.8
Agencies.
SIGNED this /day of
2017.
[SIGNATURE PAGES IMMEDIATELY FOLLOW]
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 6 of 8
2545055.8
INTERGOVERNMENTAL AGREEMENT REGARDING PURCHASE OF A
REDUNDANT DSR SWITCH AND FOUR SYSTEM SOFTWARE UPRADES
Dated this day of f , 2017
ATTEST:
By:
ADAMS COUNTY COMMUNICATIONS
CENTER, INC.
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades Page 7 of 8
2545055.8
INTERGOVERNMENTAL AGREEMENT REGARDING PURCHASE OF A
REDUNDANT DSR SWITCH AND FOUR SYSTEM SOFTWARE UPRADES
Dated this l 3th day of Qecerr bc.r- , 2017
ATTEST:d4r,44/0
'�,�
Clerk to the Board
By:
Deputy Cle t to the B
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, ON BEHALF OF
THE WELD COUNTY REGIONAL
COMMUNICATIONS CENTER
ame:.Tulie A. Cozad
tle: BOCC Chair
C 1.3 2017
IGA Regarding Purchase of a Redundant DSR Switch and Four System Software Upgrades I Page 8 of 8
2545055.8 00(7-9 1 Co S
Exhibit 1
PR
C
NG
SU
ARY
Motorola's pricing is based on the equipment list and services defined for the system designed for the FRCC DSR and SUA Upgrade project. The Statement of Work (SOW)
describes the work to be perfottried for the installation, optimization, and testing of the system and the equipment list provides the equipment necessary for this project.
Weld Cost
ADCOM Cost
Project
Cost
DSR & MASTER CORE SUA
FRCC DSR (Dynamic System Resilience) Hardware
Weld Portion (includes
UNC) (33 Consoles)
330,783.75
62 Total Consoles/Cost = $10,023.75 per console
Federal Heights Portion (2 Consoles)
20,047.50
ADCOM Portion (27 Consoles -Includes Thornton
Broomfield)
&
270,641.25
Total
350,831.25
270,641.25
621,473.00
DSR Project
Integration,
Optimization
Management, Installation, System
Engineering, Configuration and
services
Weld Portion (includes UNC) (33 Consoles)
307,807.83
62 Total Consoles/Cost
= $9,327.51 per console
Federal Heights Portion (2 Consoles)
18,655.02
ADCOM Portion (27 Consoles -Includes Thornton &
Broomfield)
251,842.77
Total
326,462.85
251,842.77
578,306.00
FRCC Master Site SUA(Software Upgrade)
Weld Portion (includes UNC) (33 Consoles)
505,672.20
62 Total Consoles/Cost = $15,323.40 per console
Federal Heights Portion (2 Consoles)
30,646.80
ADCOM Portion (27 Consoles -Includes Thornton &
Broomfield)
413,731.80
Total
536,319.00
413,731.80
950,051.00
Total DSR & Master Site SUA
2,149,830.00
Weld Portion (includes UNC) (33 Consoles)
1,144,263.78
Federal Heights Portion (2 Consoles)
69,349.32
ADCOM Portion (27 Consoles -Includes Thornton &
Broomfield)
936,215.82
DISCOUNT 62 Total Consoles/Cost = $8,481.80 per console
Less System Discount Weld (33 Consoles)
279,899.40
Federal Heights Portion (2 Consoles)
16,963.60
Less System Discount ADCOM (27 Consoles)
229,008.60
TOTAL SYSTEM DiSCOUN"F
525,872.00
Grand Total for DSR & Master Site SUA
916,750.10
707,207.22
1,623,958.00
UPGRADES SUA
(4 System Software Upgrades)
Weld Portion (32 Consoles)
936,707.00
UNC Portion (1 Console)
24,550.00
Amount is
equipment
based
on each agencies local equipment and site
Federal
Heights Portion (2 Consoles)
49,323.00
.
ADCOM Portion (27 Consoles -Includes Thornton &
Broomfield)
1,081,106.00
Grand Total for UPGRADES -
1,010,580.00
1,081,106.00
2,091,686.00
PARTNER GRAND PROJECT TOTALS
Weld Portion DSR & Master SUA & Upgrades
1,927,330.10
ADCOM Portion DSR & Master SUA & Upgrades
1,788,313.22
DSR & SYSTEM UPGRADE PROJECT COST
3,715,643.32
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