HomeMy WebLinkAbout2005 Ordinance No. 027•
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ORD IN ANCE NO . J!/_
SERIES OF 2005
BY AUTHORITY
CONTRACT NO, 9J..-J..=~ 9 bi
COUNCIL BILL NO . 26
INTRODUCE D BY COUNC IL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING AN INTERGOVERNM NTAL AGREEMENT
WITH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE REGARDING SHARED USE OF ARAPAHOE COUNTY 'S RADIO
COMMUNICATIONS NETWORK SYSTEM [AND CONSOLIDATED
COMMUNlCATIONS NETWORK OF COLORADO (CCNC)].
WHEREAS, Arapahoe County :1 :\S obtained a Radio Communications Network System
(hereinafter sometimes referred to as 11CN S11
) presently consisting of radio sites
containing trunked radi o repeaters, relat ed electronic hardware equipment , software and
towers/ant en nas ; and
WHEREAS , Arapahoe County operates and maintains the CNS for an improved radio
communications function for its various governmental functions including law
enforcement, road and bridge, animal control , building inspection, public safety and
ge neral governmenta l radio communications ; and
WHEREAS , Arapahoe County has integrated the CNS with the statewide CCNC
System and migrating all public safety to digital communications for the mutual benefit of
all users ; and
WHEREAS , Arapahoe County and the City of Englewood are eac h authorized to
utilize radio communir.ations in the performance of their various governmental
functions; and
WHEREAS, thi s intergovernmental agreement is necessary, proper and convenient
for the continued prese rvation of the public peace, health and safety and for provi ding a
more cost effective and efficient use of governmental re sources ; an d
WHEREAS, the fund s have be en budgeted for this project;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COL'NCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS:
~. The Ci ty Council of the Ci ty of Englewood, Colorado hereby authorizes
ent erin g the "lntcrgovcmmcntal Agreement Regardin g Shared Use Of Arapahoe
Count y 's Radi o Communic ati ons Network System [And Conso lid ated Co mmunicati ons
Network of Colorado (CCNC)j" be twe en Ara pah oe County an d the City of Englewood ,
attac hed hereto as Exhibit A .
~-The Ma yo r and Cit y Clerk are authorized to execute and ,ne st said
lntcrgovcmm cn tal Agreement for and on behalf of the Ci ty of Englcwoc,,1 .
Introduced , read in fu ll , and pu.scd on fir st read ing on the 20th day o f June, 2005 .
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Published as a Bill for an Ordinance on the 24th day of June, 2005 .
Rend by title and passed on final reading on the 11'' day of July, 2005.
Published by title as Ordinance No.~ Series of 2005 , on the 15th day of July,
2005 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true CO!!Y. of the Ordinao passed on final
reading and published by title as Ordinance No~:Z, Series of .
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INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM
(And Consolidated Comm,mications Network of Colorado (CCNC))
Tius Intergovernmental Agreement entered into this _ls!_ day of _.wnc ___ , 2005 , by
and between Arapahoe Co Wlty, Co lorado . (hereinafter the "CoW1ty") and Ciry of Eoglewood
Colorada __ , hereinafter referred to as "S ubscriber".), hereinafter collectively referred to the
parti es .
WHEREAS, pursu an t -to the provisions of Sections 29 -1-203 C.R.S., and Secti on
18(2)(a) of Article XIV of the Colorado Constitution , Governmental entities are
authoriz ed to cooperate and contract with each other for the purpose of
intergove rnm ental ly providing any function, service, or faci li ty authorized to it, and
further incl udi ng authori ty to provi de fo r the joint exercise of such functio n, service, or
facili ties; and
WHEREAS, in th e perfo rm ance of its governmental functions . the County has obtained a
Radio Communications ~erwo rk System (hereinafter sometimes referred to as "Cs!S")
present ly cons isring of radio si tes containing trunked radio repeaters. related electronic
hardware equip men L software, and towers/antennas ; and
WHEREAS, the County operates and maintains the CNS for an improved radi o
comm unicatio ns fun ctio n for its vario us governmental functions incl uding law enforceme nt,
ro ad and bridge, animal co ntro l, building inspection. public safety and gene ral
governmental radio communi cations; and
WHEREAS, the CoW1ty has integrated the C~S with the statewide CC~C System and
migra ting all public safety to digital communications for the murual benefi t of all users
and automatic interoperability; and
WHEREAS, th e County and Subscriber are each authorized to utilize radio
communications in the pe rformance of their various govemmer,tal functions; and
MOU / !CA !or Rad io Net·11or k Page l of 6 pages
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INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM
[And Consolidated Communications Netwo• k of Colorado (CCNC)]
WHEREAS, the parties wish to cooperate in providing such se,-,.~ces and equipment now
separatel y operated by the parties ; and
WHEREAS, the parties have determined that this Agreement is necessary, proper and
co nvenient for the continued fostering and preservatio n of the public peace , health and
safety, and fo r providing a more cos t effective and efficient use of governmental
reso urces;
NO W, THEREFORE, IT IS AGREED by and between the County and the Sub scriber as
follows:
1. The Cowtty agrees to permi t the Sub scribe r to utilize the County 's CNS pursua11 to the
terms and co nditions of this agreement. As a partial reim bursement for the Co unty 's cos t
in obtaini ng the CN S, Subscriber shall pay to the County, one-ti me user fee in the swn
of S325 .00 for each serialized device ,dded ,fter January I. 2005 . and shall be entit led to
use , portio n of the C'.'/S needed by Subscriber for its law enforcement , fire . public wo rks
and other governmental pUI]loses, subject 10 the terms and conditions of this Agreement.
Sub scriber shall pay such fee to the County no later than thirty (30) days after executio n
of this .-\gree ment. This fee is applicable 10 eac h ,dditional serialized device that is
placed on the County 's C'.'/S. Replacement devices are not subje ct 10 this fee. Said
payment shall be made to Arapahoe County for deposi t in the County's C'.'/S
Development ("C'.'/SD ") accoun t for use as se t forth in paragraph 12.
2. Subject to annual budgetin g and appropriation, Subscriber ,r,_,I also pay an annual
operation and maintenance fee of S25 .00 per serialized device . Th is fee will be billed in
February , for the previous year. and each year thereafter, and shall be due and payable
within thirty (30) days of such billing.
MOU/!CA !or Rad i o Necwork. Page 2 ot: 6 pages
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INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM
(And Consolidated CommUDicationa Network oC Colorado (CCNC))
3. Toe County and/or CCNC shall make available _n_ talk groups from the CNS for use
by Subscriber. A talk group is generall y defined as a com, Jter designated allocation for
the routing of rransmitted radio or data messages on a multi-frequency tru·ked radio
system, such as the CNS and CCNC .
4. Toe County shall obtain any and all permits , cortificates and licenses required by any
rules , regulations and laws for the operation of the CNS and CCNC. Subscriber will
cooperate with the County, to the extent necessary, in obtaining such permits, certificates
and licenses .
5. To the best of its ability, the County shall maintain the CNS in proper operating
condition. and the County shall protect and maintain the D IS and the equi pment thereof
in such a manner that the CNS services shall be efficiently rendered 10 the parties as and
when needed.
6. Toe County agrees 10 furnish qualified personnel 10 pro vide operational conll'Ol of the
CNS . Operational con tr ol is de emed to include all facets of a communications network,
including, but not limited 10, program, transmission, reception, usage and allocation of
the network . Subscriber shall be respo nsible for purchasing mobile an d portable radios
compatible with the CNS . Subscriber shall also be responsible for the maintenance,
repair and insurance of its radios and equipment needed for use of the CNS . Subscrib er
and its agent(s) agree to operate on the CNS in ai..:ordance wiih FCC Rules &
Regulations, and County & CCNC.Policies .
7. The County sha ll pay for all expenses of every kind or narurc incurred in the operation of
the DIS . Subscriber shall not be liable for an y debts or liabilities conrracted or incurred
by the County or any other entity which ma y utilize the CNS.
8. Toe County shall, at all ti mes, carry and main1ain adequate insurance coverage to protect
the propertie s of the C:--1S against fire , loss or othe r hazards that may impair the
MOU/ :t OA for Radio N'et::,.ork Page 3 ot: 5 page ■
INTERGOVERNMENTAL AGREEMEl'fT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUNICATIONS l'fET'WORK SYSTEM
(And Conaolldated Co-uDicationa Network of Colorado (CCNCI)
operations .
9. Subscriber sball be allocated __ __,,.__ ___ secured communication talk groups .
Additional system talk groups may be requested in writing to the Arapahoe County
Sheriff's Office and the Technical Committee of CCNC . Fees related to additional talk
groups may be assessed to the Subscriber. A steering committee, comprised of equal
representation of all Subscribers may make recommendations to the Arapahce County
Sheriff's Office on the following subjects :
A. Assignment of talk groups to new entities;
B. Assignment of additional talk groups l<l c.u-rent m ;mbe,,.:
C. Purchase of replacement equipment and of additional rq:..pment; and
D. Standard procedures for use of the CNS including ideutification of
improper radio usage.
10·. The County may allow other Subs cribers to use the CNS provided such entities enter into
an agreement similar to this lntergovemmental Agreement In the event that other entities
use rhe CN S, the Cow1(:' will assure Subscriber that th e use by other entities shall have no
adverse impact on the talk groups used by Subscriber.
11. Eac h party to this Agreement and each party to any other agreement with Arapahoe
County for the use of the CNS shall annually certify the numb er of radi os that it uses as
part of the CNS by January 1st of each year.
12 . Toe County hereby agrees to separately account for the user fees rec eiv ed and utilize such
monies solely for equipment replacement, enhancements, or the purchase of additional
equipment needed for the CNS . Any proposed expenditure is subject to the review and
recommendati on of the Arapahoe County Sheriff's Office and approval of the Board of
County Commiss io ners .
MOU/IGA for ~adio Network Page 4 ot 6 page9
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INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUNICATIONS NETWORK SYSTEM
(.ADd Consolidated Communications Network of Colorado (CCNC)]
Either party may terminate its participation in the C:slS upon at least one-year's wrinen
notice lo the other party. In the event of Subscriber's terminatio n of this agreement under
this paragraph. Subscriber shall not be entitled 10 any distribution from the C:slSD
account. In the event of the County's termination of this agreement as 10 all user(s), the
County sh&ll negotiate wi th the other user(s) for the purchase of the CNS by the other
user(s) and for the assignment or transfer of any license, permits, leases and/or related
agreements associated with CNS. Pursuant to any purchase agreement, the County will
iransfer the balance of CNSD account to the purchaser. In the event of murual
te rmination by all user(s) of the CNS , the balance of the CNSD account will be
distributed an a pro•rata basis to al! users based upon each user's historical contribution
10 the OISD account. Subscribers do not have a vested interest in the CNSD account.
Failure to timely pay the annual operation and maintenance fee. as set forth in paragraph
1, by Subscriber shall be deemed a default of i.•is agreement and grounds for termination
thereof. In such instance, the County may termir. ate this agreement upon sixty (60) days'
prior written notice 10 Subscriber and the •;aunty may eliminate the transmi ssio n
capability of the Subscriber. Subscriber shall not be entitled to any distribution from the
CNSD account.
16. Notices to be provided under the Agreement shall be !liven in writing either by hai:d
delivery, or deposited in the United S tat es Mail, with sufficient postage, to the following:
COUNTY :
Arapahoe County Sheriffs O ffi ce
13101 E. Broncos Parkway
Centennial, CO 80 112-4558
SUBSCRIBER:
Subscriber Contract
Chris Olson, Director
Safety Serv ice&
Subs~riber Address
3615 South El ati
Englewood, CO 80110
17. This agreement constirutes the entire understanding between the part ies and shall
MOIJ /IG>. for aadio Nec ·"orlc Page S of 6 yage1
INTERGOVERNMENTAL AGREEMENT REGARDING SHARED USE OF
ARAPAHOE COUNTY'S RADIO COMMUl'fICAflONS NETWORK SYSTEM
(And Coaaolldated Co-ww:ationa Network or Colorado (CCNC)J •
supersede all prior negotiations, representations, or agreements whether wrinen or oral.
19 . This Agreement may not be modified or amended unless murually agreed upon, i.l
writing, by the parties hereto . Unless otherwise agreed in writing, the Agrt.'ertlent and the
interpretation thereof shall be governed by the laws of the State of Colorado.
ATI'EST : City of Englewood.
Colorado
City Cleric -Loucri.shia A. Ellis Signarure
Douglas Garrett
Date Print Name
Mayor ·
Title
ATI'EST : ARAPAHOE COUNTY , CO
Cleric to the Board
Cbainnan,
Board of Commissione:-s
Date : __________ _
Page 6 of 6 pageo
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COUNCIL CvMM ll NICATION
Date: Age nda It em: Subject :
Jun e 20, 2005 9 a ii IG A between Arapahoe County and City of
Eng lewood for th e Stat e DTR Radio System
Ini tiated By: I Staff So urce :
Safety Services D epa rtm ent Trina Ev erhart, Researc h and Te chnology Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Department of Safety Services recommends th at Cou ncil adopt a bill fo r an ordina nce
authorizi n g an Intergove rnmental Agreemen t with Arapahoe County as represent ati ve for the Radio
Comm uni ca tions Network System.
• BACKGROUND, ANALYSIS, AND AlTERNATIVtS IDENTIFIED
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Arapa h oe County opera tes an d maintai ns the Communications Network Sys tem, w hich is part of
the Slate Digital Trunked Radio Sys tem , governed by th e Consolidated Communi ca tions Network
of Col~rado (CCNC).
Arap ahoe County is an authorize d repres entati ve for the radio syste m and holds th e li ce nses for the
800 MHz system, w hich Englewood will b e implementing. Arapa hoe Coun ty w ill operate and
mai nt ain th e 800 MHz radi o syste m for lh e City o f Eng lewood. This agreem ent au th orizes
En glewood to u tilize th e radio sys tem .
FINANCI AL IMPACT
The coot of programm in g and op eration of th e Communications Network System is $4 8,000 and
has b een budgeted as part of th e 800 MH z Rad io implement ati on proj ec t fund.
LI ST OF ATTACHMENTS
Bi ll fo r an Ordinance