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HomeMy WebLinkAbout2003-109-10/07/2003-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE NORTHERN COLORADO RESOLUTION 2003-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT CONCERNING THE NORTHERN COLORADO REGIONAL COMMUNICATION NETWORK WHEREAS, the City is currently a party to a previous Northern Colorado Regional Communication Network (NCRCN) Intergovernmental Agreement (the "IGA") between the City of Fort Collins, City of Loveland,Poudre R-1 School District, Poudre Fire Authority and Northern Colorado Water Conservancy District (the "Entities") dated December 1999; and WHEREAS, the partnering of NCRCN with the State's Consolidated Communications Network of Colorado (CCNC) this spring requires changes to the IGA; and WHEREAS, the changes include provisions setting forth each Entity's responsibility and obligation for funding ongoing maintenance or repair of the system, and for expansion and replacement of the system and participation in the network; and WHEREAS, Part 2 of Article 1 of Title 29,C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including authority to provide for the joint exercise of such functions, services or facilities; and WHEREAS, in the performance of their governmental functions,each Entity has obtained, through leases or purchases, certain radio and associated communications equipment which is part of the NCRCN system; and WHEREAS,the Entities are authorized to utilize radio communications in the performance of their various governmental functions; and WHEREAS, the City desires to enter into an updated IGA with the above Entities in substantially the form attached as Exhibit "A" ("NCRCN IGA"), to govern the funding for and the operation and use of the System and to set forth each Entities' responsibilities with regard to participation in the Network; and WHEREAS,the City may wish to amend the agreement in the future to address,among other things, funding, access and use of the System by other agencies; and WHEREAS,the Council has determined that it is in the best interest of the City to enter into the NCRCN IGA. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section1. That the Mayor is hereby Authorized to execute that certain intergovernmental agreement between the City and the entities listed above regarding the Northern Colorado Regional Communications Network,in substantially the same form as shown on Exhibit"A",attached hereto and incorporated herein by this reference, with such modifications and additional terms as the City Manager,in consultation with the City Attorney,determines is necessary and appropriate to protect the interests of the City. Section 2. That any future amendments to the IGA maybe executed by the City Manager to further this project specifically approved by the Council under City Code Section 1-19(b)(2). Passed and adopted at a regular meeting of the City Council held this 7tb day of October, A.D. 2003. Mayor AT�ST: �— City Clerk INTERGOVERNMENTAL AGREEMENT CONCERNING THE NORTHERN COLORADO REGIONAL COMMUNICATION NETWORK TIES INTERGOVERNMENTAL AGREEMENT by and between the City of Loveland, Colorado, the City of Fort Collins, Colorado, the Poudre R-1 School District, Northern Colorado Water Conservancy District and the Poudre Fire Authority (sometimes hereinafter referred to individually as an "Entity" and collectively as the "Entities"). WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. authorizes governments to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each, including authority to provide for the joint exercise of such functions, services or facilities; and WHEREAS, in the performance of their governmental functions, each Entity has obtained, through leases or purchases, certain radio and associated communications equipment which is part of a regional public safety Communications Network System (the "System") consisting of certain 800/700 MHZ trunked repeaters and related fixed equipment; and WHEREAS, the Entities are authorized to utilize radio communications in the performance of their various governmental functions; and WHEREAS, the Entities are desirous of cooperating to oversee the management of the System; and WHEREAS, the Entities desire to continue to cooperate and contract with one another and with other Entities that may wish to become parties to this Agreement concerning the establishment of a joint board of directors to oversee funding and management of the System, NOW, THEREFORE, in consideration of the mutual promises contained herein, the Entities agree as follows: 1. Establishment. There is hereby created an association of entities to be known as the Northern Colorado Regional Communication Network ("NCRCN") for the purpose of coordinating and facilitating System activities and modifications. Each governmental entity located in Northern Colorado that has subscriber units on the System with approval of the Board shall be entitled to membership in the NCRCN. Participation in the NCRCN shall be strictly voluntary. 2. Membership. Any governmental entity entitled to membership in the NCRCN may become a member of the NCRCN by providing the board of directors with documentation evidencing the number of subscriber units which the entity has allocated on the System, and approved for membership by the Board and 2 executing a counterpart copy of this Agreement and all subsequent amendments or addendums thereto.. 3. Board of Directors. The NCRCN shall operate through a board of directors. Each member of the NCRCN having 100 or more subscriber units allocated shall be entitled to appoint one representative to the board of directors. Any member having less than 100 subscriber units allocated may join with other members having less than 100 subscriber units to establish a allocated100 subscriber unit threshold and these members may appoint from among themselves a representative on the board of directors. No entity shall have more than one representative serving on the board of directors. 4. By-laws. The board of directors shall adopt by-laws setting forth the rules under which the board shall operate. Each member of the board shall have one vote. 5. Delegation of Authority to Board. The board of directors shall meet regularly for the purpose of reviewing the performance and operation of the System. Any decision made with a quorum and 2/3 vote of the board of directors then present with regard to the operation of the System shall be binding upon each Entity which is a signatory to this Agreement. By executing this Agreement, the governing body of each entity hereby delegates to the board of directors of the NCRCN the power and authority to make decisions concerning the operation of the System and conduct or cause to be conducted, an audit of the funds referenced in paragraphs 6 &7 . 6. Funding for Maintenance or Repair of the System. Each entity currently a member of the NCRCN and any new member joining pursuant to Section 2, shall make an annual monetary contribution, based on the number of subscriber units the entity has logged on the System, for the maintenance, repair or replacement of the System. The amount of the monetary contribution is to be determined annually by the board of directors. Poudre Fire Authority (hereinafter "PFA") shall bill each entity and each entity shall pay the amount assessed in the first quarter of the fiscal year. Upon receipt of each entity's contribution, PFA shall hold all contributions and accumulated interest in an account for the NCRCN. PFA is authorized to disburse money, including accrued interest, from the account only for costs incurred in maintaining and repairing the System and as indicated in section 7 below. 7. Funding for Expansion or Replacement of all or portions of the System. Any new member joining pursuant to Section 2 shall make an initial monetary contribution in an amount to be determined by the board of directors. The Board shall consider waiving all or a portion of the initial monetary contribution for those new members that bring valuable infrastructure components to the System for use by all. The value of the infrastructure components is to be determined by the board of directors. A minimum percentage, to be determined by the board of directors, of the above account shall be held as Capital Reserve. The board at any 3 time and from time to time may determine that an additional monetary contribution from each Entity is required to expand or replace all or a portion of the System. Each Entity shall make in full the amount of the additional monetary contribution so approved. PFA is authorized to disburse money from this account to expand or replace all or portions of the System. 8. Joint Use and Operation. Infrastructure owned by an Entity is hereby made available for use by the System Entities as part of the System, but shall remain the property of said Entity. In the event that an entity or user causes any negative interference or otherwise causes disruption or damage to said infrastructure or the System, the Entity owning the infrastructure may restrict use of said infrastructure by the Entity causing interference, disruption or damage. In the event that an entity owning infrastructure shared by other users of the System resigns or otherwise terminates this agreement, said Entity shall assume responsibility for the maintenance, repair, replacement and all other expenses or liabilities associated with ownership of that Entity's infrastructure. 9. Jurisdiction of Entity. Except as set forth in paragraph 5 concerning the delegation of the authority to make decisions concerning the operation of the System, nothing in this Agreement shall be construed to limit the authority or jurisdiction of any Entity which is a member of the NCRCN. 10 Governmental Immunity. Each Entity which is a party to this Agreement is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by §§24-10-101 et sue., C.R.S., as from time to time amended, or otherwise available to the Entity, its officers, or its employees. 11. Appropriations. All financial obligations of the parties to this Agreement, including but not limited to the funding obligations of paragraphs 6 and 7 hereof, are subject to budgeting and appropriation of such funds by the governing body of each party each fiscal year. This agreement, including but not limited to paragraphs 6 and 7 hereof, shall not be construed to create a multiple fiscal year debt or other financial obligation. Failure of an Entity to adequately fund agreed upon maintenance, repair and system replacement may result in sanctions as deemed by the Board of Directors, including but not limited to access to part or all of the system and denial or radio services, or expulsion from the NCRCN. 12. Resignation. Any Entity which is a member of the NCRCN may resign from the NCRCN at any time by providing thirty days prior written notice to the board of directors. 13. Notices. All notices required to be given under this Agreement shall be mailed first class, postage prepaid, or hand delivered to the addresses shown below: 4 To Loveland: City Manager 500 East Third Street Loveland, CO 80537 To Poudre R-1 School District: President, Board of Education Poudre School District R-1 2407 LaPorte Ave Fort Collins, CO 80521 To Northern Colorado Water Conservancy District: General Manager 220 Water Av. Berthoud, CO 80513 To Poudre Fire Authority: Fire Division Chief 102 Remington Street Fort Collins, CO 80524 To City of Fort Collins: City Manager PO Box 580 Fort Collins, CO 80522-0580 14. Assignment. No party shall assign, transfer or otherwise convey any of its interest, rights or obligations in this Agreement without the written consent of the other parties. 15. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Colorado. 16. Severability. All portions of this Agreement are severable. If one or more portions of this Agreement are found to be unlawful, against public policy or unenforceable, the remaining portions of this Agreement shall be unaffected and remain in full force and effect. 17. Amendment. This Agreement may be amended upon agreement of the parties, provided such amendment is in writing and signed by all parties. 18. Entire Agreement. This Agreement states the entire agreement of the parties and all prior oral or written representations or agreements between the parties are merged into and superceded by the express terms of this Agreement. 5 19. Effect of Agreement. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. 20. No Joint Venture. The parties do not intend that this Agreement has created a joint venture, nor an employer/employee relationship in any respect. Each party shall be solely responsible for its own acts and omissions in the performance of this Agreement. 21. Dissolution. In the event the board of directors determines that the it is necessary to dissolve the NCRCN, any contributions held in the account(s) referenced in Sections 6 and 7 shall be returned to each Entity that is a member of the NCRCN at the time of the dissolution in accordance with a formula to be determined by the board of directors. 22. Counterpart Signatures. The parties agree that counterpart signatures of this Agreement shall be acceptable and that execution of the Agreement in the same form by each and every party shall be deemed to constitute full and final execution of the Agreement. 23. Previous Agreements. The Entities have previously entered into an Intergovernmental Agreement concerning use of the communication network dated December 12, 1999. Said agreement is superseded by and terminated by the signing of this Intergovernmental agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the parties' duly authorized representatives as set forth below. CITY OF LOVELAND By: Its: ATTEST: City Clerk 6 POUDRE R-1 SCHOOL DISTRICT By: Its: ATTEST: Secretary NORTHERN COLORADO WATER CONSERVANCY DISTRICT By: Its: ATTEST: Secretary POUDRE FIRE AUTHORITY By: Chairman ATTEST: Secretary Approved as to form: By: CITY OF FORT COLLINS, A Municipal Corporation By: Randolph R. Martinez, Mayor 7 ATTEST: City Clerk Approved as to form: By: Assistant City Attorney