HomeMy WebLinkAbout20163145.tiffRESOLUTION
RE: APPROVE USER SERVICES AGREEMENT FOR FRONT RANGE COMMUNICATIONS
CONSORTIUM MASTER CORE SWITCH AND AUTHORIZE CHAIR TO SIGN - CITY
OF FEDERAL HEIGHTS
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 the City of Federal Heights, commencing
January 1, 2016, and ending December 31, 2016, 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 the City of Federal Heights 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 October, A.D., 2016, nunc pro tunc January 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditite4) acho•e/k.
Weld County Clerk to the Board
BY Cz•
eputy Clerk to the Boar
AP "' ED A
ounty Attorney
Date of signature: l l ! N (I G
Mike Freeman, Chair
Sean N
Steve Moreno
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2016-3145
CM0024
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Esther Gesick
From:
Sent:
To:
Subject:
Esther,
Mike Wallace
Wednesday, October 05, 2016 11:39 AM
Esther Gesick
City of Federal Heights IGA
Per our conversation earlier,
The agreement with the City of Federal Heights is for access to Front Range Communications Consortium
(FRCC) master core switch for console connectivity for Public Safety Radio Communications. A Work Session was
conducted on 10-4-2016 with the Board of County Commissioners Approving the agreement for Monday's official BOCC
Meeting.
Please let me know if you need anything else
Michael R Wallace, ENP,CMCP
Weld County Director of Public Safety Communications
1551 N 17th Ave Suite2
Greeley, CO 80631
Office: 970-304-6455
Email: mrwallacec weldgov.com
Regional
Communications
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2016-3145
1
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 City of Federal Heights.
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 two (2) MCC7100 dispatch consoles to be
connected to the FRCC Master Switch;
ii. Four (4) Talkgroups for Public Safety Agency Use
iii. 100 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 31 Pt 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.
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 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
i. A one-time Master Switch Connection Fee will be $65,234.52.
c. An Annual Maintenance fee for two (2) consoles, $1,924.92 — Pro -rated cost will
be for June thru Dec 2016 = 962.46/12=80.20*6 months=481.23*2
consoles=$962.46. The Annual Maintenance fee for two (2) 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, 2016, to and until December 31,
2016, 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.
ATTEST: dejedwo ( (�BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY:
Deputy Cle to the Boar
APPROVED AS TO FUNDING:
lei 6/M0.4
WELD COUNTY, COLORADO
Controller
APPROVED AS TO FORM:
County Attorney
ke Freeman, Chair 2016
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APPROVED AS TO SUBSTANCE:
Elected Official or Department Head
N/A_.
Director of General Services
Adams County Communications Center, Inc.
Adams County, Colorado
City of Federal Heights
Federal Heights, Colorado
I D. Estes, Executive Director
t LHalo tx
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Jacquie Halburnt, City Manager
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