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HomeMy WebLinkAbout2019-19 IGA for the use of 800 MHZ System in the Eagle River Valley RESOLUTION NO. 19 SERIES OF 2019 A RESOLUTION APPROVING A COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHZ SYSTEM IN THE EAGLE RIVER VALLEY WHEREAS, the Eagle River Valley User Agencies (the "User Agencies") previously entered into an Agreement for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio Services dated on or around August 17, 2010, governing the use of the 800 MHz radio system in Eagle County(the "Previous Agreement"); WHEREAS, the User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement (the "IGA"), attached hereto as Exhibit A and incorporated herein by this reference, to provide for continuing access to the system by the User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the system; and WHEREAS, the Council's approval of this Resolution is required to enter into the IGA. NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. ATTEST TOWN OF VAIL A,114.,No:Dcpt,+1 Tiwn at,/ �o . : Tammy Nagel, Town Clerk ave Chapin, ayor Oh -; o Ncb ' PORAV Resolution No. 19,Series of 2019 COOPERATIVE INTERGOVERNMENTAL AGREEMENT FOR USE OF THE 800 MHz SYSTEM IN THE EAGLE RIVER VALLEY THIS AGREEMENT is made this_of , 2019 by and among the County of Eagle,Colorado("Eagle County");Eagle County Health Service District d/b/a Eagle County Paramedic Services; Eagle County School District; Eagle River Fire Protection District;Eagle River Water and Sanitation District; Greater Eagle Fire Protection District; Gypsum Fire Protection District; Town of Avon, Colorado; Town of Eagle, Colorado; Town of Gypsum, Colorado; Town of Vail, Colorado; each a"User Agency,"or a"Party,"and collectively,the "User Agencies"or the"Parties." Recitals Whereas,the User Agencies previously entered into a series of individual Agreements for Use of Eagle County's 800 MHz Wide Area Smartzone Trunked Radio 2010 with Eagle County, governing the use of the 800 MHz radio system (the"Previous Agreement");and Whereas,the User Agencies wish to supersede the Previous Agreement with the current Intergovernmental Agreement("IGA")or("Agreement")to provide for continuing access to the System(defined below)by User Agencies and to reallocate the decision-making responsibilities of the User Agencies for the System; and Whereas,the Parties desire to establish terms and conditions to govern the use of and access to the System and to provide for its operation,maintenance, and repair. NOW THEREFORE,the User Agencies agree as follows: 1. The System. The"System" is a radio communications system comprised of sites, infrastructure, and other assets that allow the User Agencies and other users to communicate throughout the state.A user of the System who is not a User Agency is referred to as"System Users". a. Only organizations that conduct operations as, or are directly affiliated with, public service organizations may be a User Agency or System User. 2. Executive Committee. a. The Executive Committee shall be comprised of up to 13 voting members and at least one advisory,non-voting member, as follows: i. Each User Agency shall designate one(1)representative as a voting member of the Executive Committee for a two-year term, or as necessary. Where possible, each User Agency shall submit the name of its designated representative to the employee designated by Eagle County to manage the day-to-day operations related to the System by January 31st of the applicable year. ii. The Executive Committee may also elect up to two additional at- large voting members on a yearly basis. At large members must be from a User Agency, Cooperating Agency(as defined in Section 5 below), or a System User,provided that no User Agency shall have more than two representatives. iii. No voting member of the Executive Committee shall be an Eagle County employee paid with 800 MHz funds, as contemplated by Section 6(c),below. iv. One advisory, non-voting member shall represent the Vail Communications Center or its successor agency, if applicable. v. The Executive Committee may admit additional advisory, non- voting members as necessary or desirable.Advisory, non-voting members may be from a User Agency, Cooperating Agency, or a System User. b. The Executive Committee shall: i. Make decisions based on the best interests of the users and operation of the System as a whole. ii. Adopt bylaws governing the Executive Committee's decision- making processes. iii. Adopt policies and procedures governing the execution of any of the functions of the Executive Committee. iv. Adopt rules and regulations as necessary for the use of the System and associated equipment, in accordance with all applicable local, state, and federal rules, regulations, and policies and in accordance with policies or operating procedures set forth by the Consolidated Communications Network of Colorado, Inc. ("CCNC"). v. Provide for training for the use of the System. vi. Grant access to the System by Cooperating Agencies when access will be for the benefit of the citizens and visitors of Eagle County. vii. Agree upon a budget for each year,which must include a fee formula that considers both number of radio units and amount of airtime usage, for the use of the 800 MHz funds to present to the County Finance Department no later than June 1 of each year for approval by the Board during its yearly budgeting process.A proposed fee formula for 2019 is attached as Exhibit B. viii. Decide on how the funds under the charge of the Executive Committee shall be spent, as long as such spending is anticipated by the budget adopted by the Board. ix. Refer any contracts necessary for the System to the Board of County Commissioners for signature. x. Coordinate with all User Agencies and Cooperating Agencies regarding necessary appropriations to cover unforeseen expenses. xi. Appoint steering committees as desired or necessary. xii. Conduct other business as necessary to implement the intent of this Agreement. 3. Technical Operations Committee. a. The Technical Operations Committee("Tech Ops Committee") is an existing committee and is comprised of any representative of User Agencies or other users that have an interest in the operations of the system. b. The Tech Ops Committee shall: i. Adopt bylaws governing the Tech Ops Committee's decision- making processes. ii. Assist in planning for the operation of the System including,without limitation, considering and making recommendations related to talk group names, functions or aliases, or any other programming matters. iii. Meet periodically as needed or at the request of the operations employee,the Chair of the Executive Committee, or the Board of County Commissioners. 4. User Agencies. a. User Agencies own their own equipment and retain control over the equipment they own. b. Each User Agency shall pay reasonable fees for the use of the System, as determined by the fee schedule adopted by the Executive Committee. c. Each User Agency shall adhere to the rules and regulations governing the use of the System, as adopted by the Executive Committee. d. Eagle County holds licenses from the FCC for the operation of the System. Each User Agency and any of its employees, representatives, agents, and volunteers shall comply with all terms of the license, all federal, state, and local laws, orders, and regulations, as well as policies and procedures set forth by the Consolidated Communications Network of Colorado, Inc. ("CCNC") with respect to the use of the System. 5. Cooperating Agencies. a. All organizations receiving programming and support from the 800 MHz system not identified as a User Agency shall be a Cooperating Agency.The currently- approved Cooperating Agencies are set forth in Exhibit A. b. Cooperating Agencies will charged a fee for use of the 800 MHz System based on the fee schedule adopted by the Executive Committee. 6. Eagle County. a. Eagle County will enter into leases to use as sites for the System. b. Eagle County will enter into contracts as necessary for the operation, maintenance, and repair of the System. c. Eagle County will serve as employer for any employees necessary to ensure the continued operation of the System.Any employees will operate under the County's general employment policies.All employees will conduct operations for the best interests of all the users of the System under the rules and regulations adopted by the Executive Committee. 7. Prior Agreements.This Agreement supersedes the Previous Agreement. 8. No multiple fiscal year obligation. Obligations in this Agreement are contingent upon each of the Parties appropriating, budgeting, and otherwise making funds available in each year for the purposes herein, in accordance with Article 24,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S. § 29-1-101 et seq.) and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20). 9. Term and effective date.This Agreement shall become effective upon signature of an authorized representative of the governing body of a Party. Except as provided herein, this Agreement shall remain in effect until December 31,2039, unless sooner terminated by agreement of all the Parties, or pursuant to the terms of Sections 10 or 11, below. 10. Termination.Voluntary termination by a Party requires 30 days of advance notice.No refunds are available for fees already paid for a given year. To avoid fees for the subsequent year,notice must be given by no later than June 30.Upon termination of a Party's participation in the Agreement,whether voluntary or due to a breach,the Party at its own expense shall immediately reprogram its radios containing System programming and parameters, and provide documentation of such reprogramming. 11. Breach.A failure to pay fees owed for use of the System for over 180 days or violation of the rules or regulations for the use of the System is a material breach under this Agreement. The breaching party must demonstrate an attempt to cure the breach within 30 days of notice of the breach by the Executive Committee or by any Party or the Agreement as to the breaching Party shall terminate. 12. Enforcement. Any one or more of the Parties may enforce this Agreement by any legal or equitable means including specific performance, declaratory, and injunctive relief.No other person or entity shall have any right to enforce the provisions of this Agreement. 13. Employment Status.Nothing in this Agreement, and no performance under this Agreement, alters or modifies the employment status of officers, agents, or employees of any of the Parties. 14. Immunity.Nothing in this Agreement waives, limits, or otherwise modifies the governmental immunity that may be available by law to any of the Parties,their officials, employees, contractors, agents, or any other person acting on behalf of any of the Parties. In particular, immunity pursuant to the Colorado Governmental Immunity Act,Title 24, Article 10, Part 1 of the Colorado Revised Statutes is not waived. This paragraph shall survive termination of this Agreement. 15. Authority,Governing Law,and Venue.This Agreement is promulgated under the laws of the State of Colorado, including C.R.S. § 29-1-201. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law,the charters of the Parties, if applicable, and the ordinances and regulations enacted pursuant thereto. Venue shall lie in the County of Eagle. 16. Severability. All agreements and covenants in this Agreement are severable. If a court of competent jurisdiction holds any of them invalid,this Agreement will be interpreted as if the invalid terms were not included. 17.Waiver.No waiver of any breach or default under this Agreement shall be a waiver of any other or subsequent breach or default. 18.No Third Party Beneficiary. The Parties, in their corporate and representative governmental capacities, are the only entities intended to be the beneficiaries of this IGA, and no other person or entity is so intended. 19.Amendments. Amendments to this IGA may be made with consent in writing by all the Parties. 20. Counterparts.This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same Agreement. Facsimile signatures shall be acceptable and binding on all parties. 21.Notices.All notices under this Agreement shall be in writing and shall be delivered by certified mail, by email as long as the recipient acknowledges receipt, or hand delivered to the following: Eagle County: Attn: Kevin Kromer 500 Broadway P.O.Box 850 Eagle,CO 81631 kevin.kromerAeaglecounty.us With a copy to: Eagle County Attorney's Office 500 Broadway P.O. Box 850 Eagle, CO 81631 andrew.owen(a�eaglecounty.us Eagle County Health Service District: Chris Montera PO Box 990 Edwards, CO 81632 970-926-5750 cmontera@ecparamedics.com Eagle County School District: Sandra Mutchler 948 Chambers Avenue PO Box 740 Eagle, CO 81631 sandra.mutchlereagleschools.net Eagle River Fire Protection District: Karl Bauer PO Box 2942 Edwards, CO 81632 kbauerneagleriverfire.org Eagle River Water and Sanitation District: John Mccaulley Field Operations Manager 846 Forest Road Vail, CO 81657 970-477-5452 jmccaulley@erwsd.org Greater Eagle Fire Protection District: Attn: Doug Cupp 425 East 3rd Street PO Box 961 Eagle, CO 81631 dcupp 2i gefpd.org Gypsum Fire Protection District: Justin Kirkland,Fire Chief 511 Second Street/PO Box 243 Gypsum, CO 81637 970-524-7101 ext. 15 Justin@gypsumfd.com Town of Avon, Colorado: Attn: Greg Daly 100 Mikaela Way PO Box 975 Avon, CO 81620 gdaly( avon.org Town of Eagle, Colorado: Attn: Jenny Rakow,Town Clerk 200 Broadway Street PO Box 609 Eagle, CO 81631 jenny.rakow@townofeagle.org Town of Gypsum, Colorado: Attn: Jeremy Rietmann, Town Manager PO Box 130 Gypsum, CO 81637 jeremyna,townofgypsum.com With a copy to: Heath Mosness heath.mosness(aieaglecounty.us Town of Vail, Colorado Attn: Dwight Henninger 75 S. Frontage Rd. W. Vail, CO. 81657 DHenningeravailgov.com [Signature pages to follow] COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS BY: Clerk to the Board of County Jeanne McQueeney, Chair Commissioners DATE: EAGLE COUNTY HEALTH SERVICE ATTEST: DISTRICT D/B/A EAGLE COUNTY PARAMEDIC SERVICES Jeff Kingston,Board of Directors Secretary Jeff Babb, Board of Directors President DATE: EAGLE COUNTY SCHOOL ATTEST: DISTRICT DATE: EAGLE RIVER FIRE PROTECTION ATTEST: DISTRICT DATE: EAGLE RIVER WATER AND SEWER ATTEST: DISTRICT DATE: GREATER EAGLE FIRE PROTECTION ATTEST: DISTRICT DATE: ATTEST: GYPSUM FIRE PROTECTION DISTRICT Justin Kirkland,Fire Chief DATE: ATTEST: TOWN OF AVON, COLORADO DATE: ATTEST: TOWN OF EAGLE, COLORADO, BY AND THROUGH ITS MAYOR Jenny Rakow,Town Clerk Ann McKibbin, Mayor DATE: ATTEST: TOWN OF GYPSUM,COLORADO DATE: CW ATTEST: F VAIL, COLORADO .,,,s6,---'f—gJ— — . enny, Town M. ager DATE: SJi /i e NO OP k do /04 -,. , 4, 1 3c. 21 .1: K pORKT°) CY C, Exhibit A User Agencies Cooperating Agencies Eagle County Government Arrowhead Metro District Eagle County Health Service District Bachelor Gulch Metro District Eagle County School District Basalt& Rural Fire Protection District Eagle River Fire Protection District Beaver Creek Metro District Eagle River Water& Sanitation District Cordillera Metro District Greater Eagle Fire Protection District Bond McCoy Volunteer Fire Gypsum Fire Protection District Vail Valley Medical Center Town of Avon Town of Eagle Town of Gypsum Town of Vail Exhibit B Radio System Invoicing Formula as of[date of adoption] The 2019 invoicing system is based on a tiered funding formula for the 800MHz system. 1. Funding for the anticipated radio infrastructure maintenance cost of each upcoming year will be based on the percentage of radio system usage with the system logs for each talkgroup on an annual basis. Annual usage percentages have been averaged for each agency talkgroup and the dispatch talkgroups which will be divided amongst the agencies who are the users of that dispatch talkgroup based upon their percentage of dispatch center use. 2. Subscriber unit(radios)maintenance will be based each year upon the current cost of the depot service contract. For 2019 the cost is $40 per radio. 3. A contingency fund may be created in later years based upon a capital assessment added to the user agency's fee. Shown as an additional percentage added to the annual fee 4. A Foundation Fee schedule based upon the user agency's inventory (See Table) ❑ 1- 5 units $500 ❑ 101-125 units= $26,000 ❑ 6-10 units $2,000 ❑ 126-150 units= $34,000 ❑ 11-25 units $4,000 ❑ 151-175 units= $40,000 ❑26-50 units $8,000 ❑ 175-200 units= $46,000 ❑ 51-75 units= $14,000 ❑ 201+Units $52,000 ❑ 76-100 units= $20,000 The user agencies inventory on May ls`will constitute the means for Foundation Fee Calculation.Any agency adding to their inventory during the year will be charged a$100/year radio fee for the remainder of the current year. Agencies will not receive a refund for reducing their inventory.