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HomeMy WebLinkAboutResolution 2015-0016CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2015 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM WHEREAS, pursuant to C.R.S. § 29-1-203, the Colorado cities of Wheat Ridge, Lakewood, and the West Metro Fire Protection District, are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility; and WHEREAS, each of the parties is engaged in emergency response and other public safety functions that rely on radio communications systems; and WHEREAS, public safety and first responder radio communications systems consist of electronic network switching equipment, microwave equipment, fixed hardware components, terminal equipment, mobile and portable radios, tower facilities, and computer software, among other things; and WHEREAS, currently, Lakewood shares and has joint and equal ownership with Wheat Ridge and West Metro Fire Protection District, of a P25 radio communications system with facilities, maintained by Lakewood, located in and around each entity's respective jurisdictions; and WHEREAS, said jurisdictions wish to enter into an intergovernmental agreement to set forth the rights and responsibilities of each party concerning the shared P25 radio system; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows : The intergovernmental agreement by and among the City of Lakewood , the City of Wheat Ridge, and the West Metro Fire Protection District regarding the use and maintenance of a shared radio communications system, attached to this resolution and incorporated herein by reference , is hereby approved. The Mayor and City Clerk are authorized to execute the same. DONE AND RESOLVED this gTH day of March 2015. AITEST: AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE AND THE WEST METRO FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF A SHARED RADIO COMMUNICATIONS SYSTEM THIS AGREEMENT ("Agreement") is by and between the City of Lakewood, a Colorado municipal corporation, on behalf of the City and the Lakewood Police Department ("Lakewood" or "LPD"); the City of Wheat Ridge, a Colorado municipal corporation, on behalf of the Wheat Ridge Police Department ("Wheat Ridge" or "WRPD"); and the West Metro Fire Protection District ("West Metro") . WITNESSETH WHEREAS, C.R.S. § 29-1-203, as amended, permits and encourages local governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other local governments in order to provide any lawfully authorized function, service, or facility; and WHEREAS, each of the Parties is engaged in emergency response and other public safety functions that rely on radio communications systems; and WHEREAS, public safety and first responder radio communications systems consist of electronic network switching equipment, microwave equipment, fixed hardware components, terminal equipment, mobile and portable radios, tower facilities, and computer software, among other things; and WHEREAS, currently, Lakewood shares and has joint and equal ownership with Wheat Ridge and West Metro a P25 radio communication system maintained by Lakewood with facilities located in and around its respective jurisdiction, specifically Mount Morrison and Green Mountain; and WHEREAS, the Parties wish to enter into this Agreement to set forth the rights and responsibilities of each Party concerning the P25 radio system; and WHEREAS, the Parties may, in the future, wish to allow other agencies or entities to join as Partner Agencies to this Agreement, and to allow other agencies or entities to use a Party's individual radio communications system under the terms and conditions set forth herein; and WHEREAS, the establishment and maintenance of the P25 radio system will promote the public safety and general welfare of the residents of the City of Lakewood, the City of Wheat Ridge and the West Metro Fire Protection District; and NOW, THEREFORE , in consideration of the above and the mutual covenants made herein , the Parties agree as follows : 1.0 BACKGROUND INFORMATION. 1.1 Lakewood , Wheat Ridge and West Metro all utilize Project 25 ("P25'') radio communications systems supplied by Harris and share the infrastructure equipment, software, frequencies , and maintenance costs to support the "system". The three Parties have leveraged their authorized grant funding and related communications purchases to provide a reliable , sustainable , communications system to enhance public safety, homeland security, and communications interoperability among the Parties. All Parties shall be ensured of long-term security as to this Agreement. 1.2 Lakewood has a Radio Communications Division to provide communications services to Lakewood 's Police Department and non-public safety entities. West Metro and Wheat Ridge have a need for communications technical assistance parallel to Lakewood . Lakewood is willing to provide the technical services of its Radio Communications Division . West Metro and Wheat Ridge agree to pay their share of the costs associated with the services to be provided by the Radio Communications Division split evenly between West Metro and Wheat Ridge. Further, West Metro and Wheat Ridge are willing to provide full use of their infrastructure , frequencies , and associated communications equipment, at no cost to Lakewood, as part of this Agreement. 2.0 TERMS AND CONDITIONS 2.1 System Equipment/Frequencies. Under the previous "agreement-in- principle" established on May 21 ,2010 , the following was established : • Wheat Ridge has possession of six ( 6) FCC licensed 800 MHz frequencies for their its use at Mt. Morrison. • Wheat Ridge agrees to permit the use of its six licensed 800 MHz frequencies for the shared radio system at the Mt. Morrison radio site. • West Metro Fire owns all radio hardware located on Mt. Morrison. • Wheat Ridge and West Metro both agree to permit Lakewood to utilize the P25 site at Mount Morrison for radio communications. • Lakewood owns all radio hardware located on Green Mountain. • Lakewood agrees to permit West Metro and the City of Wheat Ridge to utilize the P25site at Green Mountain. • Lakewood has licensed three (3 ) 800 MHz frequencies for unified communications to be shared among the three entities at Mount Morrison on the behalf of West Metro. These frequencies are West Metro possessions. 2 • Lakewood has licensed eight (8) frequencies for unified 800 MHz communications to be shared among the three entities at Green Mountain. These frequencies are Lakewood possessions. 2 .2 Core Equipment/Facilities . • West Metro currently houses the Regional Shared Core at its Administration building and agrees to continue doing so under this Agreement: at no cost to Wheat Ridge and/or Lakewood . • All Parties acknowledge that the Shared Core and all related communications, network and microwave equipment housed at the West Metro Administration building is equally owned between West Metro and Lakewood. • West Metro currently provides space, facilities , support, and security for shared infrastructure and microwave equipment at its Administration building and agrees to continue doing so under this Agreement: at no cost to Wheat Ridge and/or Lakewood. • West Metro currently provides one office for use by Lakewood technical staff and agrees to continue doing so under this Agreement at no cost to Lakewood or Wheat Ridge. • West Metro agrees to provide 24/7 access to the radio equipment areas for Lakewood radio technicians for system and equipment servicing: emergency and non-emergency. 2.3 Technical Service/Operations. • The employees of the Radio Communications Division shall be Lakewood employees , subject to Lakewood management, personnel rules and policies . • The Parties agree that radio system technician(s) shall be provided by Lakewood and made available on a 24/7 basis to service West Metro and Wheat Ridge communications and communications emergencies. • Response times shall be as follows: • Priority 1: within one hour of call out. Examples include two or more repeater channels non-functional at any tower site , two or more dispatch consoles non-functional at a Lakewood or West Metro communications center or, one console at a Wheat Ridge communications center. • Priority 2: within one working day . Examples include one dispatch console non-functional , a DAS inoperable. Specific to Wheat Ridge, a marked unit needing serving for a radio specific issue . • Priority 3: usually within two working days. Examples include individual equipment repair, special equipment servicing requests. 3 • Services to be performed by Lakewood's technicians include system repairs, diagnostics, maintenance, programming, troubleshooting, and related technical work regarding communications system equipment, inclusive training of system users on an occasional basis. • The Parties agree that Lakewood shall monitor the communication's system loading and when said loading reaches 40% of total capacity during non-peak radio usage hours, or 60% of total capacity during peak radio usage hours, no Party will be permitted any additions of radios to the communications system unless mutually agreed to, in writing, by all Parties. 2.4 Annual System and Maintenance Costs: West Metro and Wheat Ridge. • $103,452.68 (baseline for year 2014) to the Lakewood Radio Communications Division for radio labor, vehicles, fuel, maintenance, specialized equipment repair, tools and test equipment; costs to be shared equally between West Metro and Wheat Ridge. • A "not to exceed" 5% annual increase specific to the costs identified in the first paragraph of this section 2.4. • One-half Harris annual FX maintenance agreement divided equally between West Metro and Wheat Ridge. Costs additional and separate from those identified in the first paragraph of this section 2.4. • Mount Morrison yearly site lease costs divided equally between Wheat Ridge and West Metro. • Overtime shall be invoiced separately at one and one-half the hourly rate directly to the effected Party. • Repair and replacement parts shall be invoiced separately and on an intervallic basis directly to the effected Party. • Billing to the Parties shall be the first month of the year and payment shall be within 60 days of the date of the invoice. Electronic billing is acceptable to all Parties. 2.5 No separate entity created. It is understood and agreed that this Agreement is intended to facilitate cooperation among the Parties in the provision of radio communications services but does not establish a separate legal entity to do so, and except as expressly set forth herein, this Agreement does not authorize any Party to act for any purpose whatsoever, nor does this Agreement establish any employee of any Party as an agent of any other Party for any purpose whatsoever. This Agreement provides only for the sharing of in-kind services and costs by the Parties toward the common mutual goal of the creation and maintenance of a shared radio communications system. 4 2.6 Joint Action . The Parties agree that any system upgrade or communications equipment purchase benefiting the Parties , and agreed to in writing by the Parties , shall be cost shared equally among the Parties. Further, the Parties agree that in event of any system upgrade or communications equipment purchase benefiting only one Party, said Party shall be solely responsible for all related costs. Such upgrade shall not diminish the communications operations or capability of the non- participating entity, or entities , during or after the upgrade . 2 .7 Appropriation. The Parties ' obligations under this Agreement are expressly subject to annual appropriation being made by each Party in an amount sufficient to allow the Parties to perform their obligations under this Agreement. If adequate funds are not appropriated , this Agreement may be terminated by a Party without penalty. The Parties ' obligations under this Agreement do not constitute a general obligation indebtedness or multiple year direct or indirect debt or other financial obligation whatsoever within the meaning of the Constitution or laws of the State of Colorado. All Parties are prohibited by law from making fiscal commitments beyond the term of their current fiscal period. It is the intent of the Parties that this Agreement shall be for an initial term of twenty years , dependent upon yearly appropriation ofthe necessary funds. Wheat Ridge and West Metro shall notify Lakewood by November 151 of each year if funds have not been appropriated for the purposes of this Agreement. The "services" portion of this Agreement shall terminate on December 31 51 of the same year after which notification of non- appropriation has occurred specific to the Party so notifying. However, the Parties agree that for the 24-month period following notification of non- appropriation , Wheat Ridge frequencies shall remain in use at the Mount Morrison site, and Wheat Ridge shall retain the right to utilize Mount Morrison for radio communications purposes only ; otherwise this Agreement shall remain in full force and effect. 2 .8 Indemnification. No Party shall be responsible for any related conditions , warranties, billings , and representations , expressed or implied , among parties except as herein set forth. Each Party is a public entity and no Party waives the obligations or benefits afforded it by the Colorado Governmental Immunity Act, C .R.S. § 24-10-101 , et seq . 2.9 Termination of Agreement. Notwithstanding the annual appropriations identified in paragraph 2. 7, this Intergovernmental Agreement may be terminated upon 24-months ' notice , in writing , by one Party to the others. In event of such notice , equipment owned by the individual Parties shall remain the sole responsibility of that Party. Specific to Shared Core Equipment; any Party may of fer to purchase the other Party 's interest in the Shared Core Equipment. No Party is obligated to purchase said 5 Equipment. The purchase price of the Shared Core Equipment at the time of termination shall be based upon the value of the proportional remaining life of said Equipment. If no Party wishes to continue ownership of the Shared Core Equipment, the Shared Core Equipment may be sold to third parties in accordance with each Party 's rules governing such sales , with each Party recouping its proportional share of its investment. All Parties shall be responsible for the removal and disposal of Shared Core Equipment, which no Party desires to remove. In event of any disagreement between or among the Parties, the Parties agree to resolve the dispute according to the terms of this Agreement. 3.0 FUTURE PARTNER AGENCIES 3.1 Adding Partner Agencies. Notwithstanding any provisions to the contrary , the Parties to this Agreement may, by unanimous written agreement of all the Chiefs, agree to authorize other governmental or quasi-governmental agencies or entities to become Partner Agencies. Before any such decision by the Chiefs is made, the Agency Administrators will meet to discuss the potential impact of adding additional Partner Agencies to this Agreement and will advise the Chiefs on the impact of adding other agencies or entities as Partner Agencies to this Agreement. Future authorized Partner Agencies will share equally in all costs associated with the Radio System as set forth in this Agreement. Any Equipment may be utilized by any future Partner Agency in accordance with the terms set forth in this Agreement for Partner Agencies. 4.0 DISPUTES 4.1 Dispute Resolution. Any issue relating to this Agreement will be referred to the Agency Administrators for initial resolution. The Agency Administrators are authorized to resolve any issue or dispute by majority vote , with each Agency Administrator having one vote. Should the Agency Administrators be unable to resolve the issue , the Agency Administrators will refer the issue to the Chiefs. In addition, any individual Agency Administrator may refer an issue to the Chiefs for dispute resolution. The Chiefs are authorized to resolve the dispute by majority vote with each Chief having one vote. 4.2 Arbitration. In the event of a dispute between two or more Parties that cannot be resolved by the Chiefs, the effected Partner Agencies may avail themselves of arbitration services provided by a mutually agreed upon arbitration services provider. Should arbitration occur, said costs shall be shared equally by each party to the arbitration. 5.0 DEFINITIONS. In addition to the terms defined elsewhere in this Agreement, the following definitions shall apply: 6 Agency Administrator(s) means the employee(s) designated by each Partner Agency in writing to be responsible for the day-to-day administration of that Party 's individual radio communications system and of this Agreement. Each Party will make its best efforts to communicate to the other the name and contact information of this designated employee. Chiefs means collectively the LPD Chief of Police , the WRPD Chief of Police and the Chief of West Metro. Core means the electronic backbone of the radio communications system consisting of a shared network switching center housed primarily in Denver and Lakewood and is more fully described below. Equipment means those items described in subsection 2.2 of this Agreement and includes any replacement equipment or new equipment or components made necessary due to technological or other advances in radio communications. It also includes Core Software and any upgrades thereto. Partner Agency means Lakewood , Wheat Ridge and West Metro or any agency or entity that in the future becomes a party to this Agreement. Partner Agency Equipment means the components of each Partner Agency 's individual radio communications system that are purchased separately by that Partner Agency , maintained at that Partner Agency 's expense, and necessary to support that Partner Agency 's connection to the system pursuant to this Agreement. This may include , but is not limited to , each Partner Agency 's fixed hardware including dispatch consoles , microwave equipment, terminal equipment, mobile and portable radio equipment, towers and related facilities and appurtenances, and software necessary to maintain connectivity to the system or to Users. Radio System means the P25 Harris Radio System currently being shared by the Partner Agencies . This system consists of all the equipment necessary to provide and support the provision of radio communications for the Partner Agencies currently located at the Mount Morrison and Green Mountain sites. Software means computer programs licensed for use by Harris Corporation ("Harris") to the Parties in operating the Radio System and any updates thereto or successor versions or releases thereof. Maintenance and support services for the Software may be referred to as "Software FX." 7 Shared Core/Partner Agency Equipment means an item of Core Equipment that is utilized as an important component piece of one Partner Agency's individual radio communications system and that has been designated by the Agency Radio Communication Systems (RCS) Administrators as Shared Core/Partner Agency Equipment. As an example, certain microwave equipment could be utilized as part of the Core Equipment but also serve an important function as one Partner Agency's microwave hop for that Partner Agency's individual radio communications system. User means any emergency services provider agency or entity that is currently allowed, pursuant to the terms and conditions of this Agreement, to utilize or access any Partner Agency's individual radio communications system, including Core Equipment, or any agency or entity that in the future becomes an authorized User of a Partner Agency's individual radio communications system. 8 6.0 ACCEPTANCE AND APPROVAL 6.1 Points of Contact CPOC). The following individuals will be involved with the administration of this Agreement. In the event any designated POC changes , the changing Party agrees to notify the other Parties. Wheat Ridge Main Contact: Larry Stodden Police Communications Manager 7500 W. 29th Avenue Wheat Ridge, Colorado 80215-6713 Telephone Number: 303-235-2937 Email: stodden@ci. wheatridge.co . us West Metro Main Contact: Mike Murphy Deputy Chief, Communications 433 S. Allison Parkway Lakewood , Colorado 80226 Telephone Number: 303-989-4307 x447 Email: mmurphy @westmetrofire.org Lakewood Contact: Steve Kabelis Radio Division Manager 445 S. Allison Parkway Lakewood , Colorado 80226 Telephone Number: 303-987-7354 Email: stekab @ lakewoodco.org 6.2 Applicable Law. This Agreement shall be interpreted under Colorado law. IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed as of this day and year __ _ ATTEST: Name : Title: 9 ATTEST: Date: __________ _ WEST METRO FIRE DEPARTMENT Signed: _________ _ Name: Don Lombardi Title: Fire Chief Date: CITY OF LAKEWOOD By: _____________ By:------------ Margy Greer, City Clerk Kathleen E. Hodgson, City Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM: By: _____________ By:------------ Kevin Paletta, Chief of Police City Attorney 10