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IGA Intergovernmental Agreement Arvada Fire Protection District; Use and Maintenance of Arvada S Public Safety Radio System Re

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IGA Intergovernmental Agreement Arvada Fire Protection District; Use and Maintenance of Arvada S Public Safety Radio System Re AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY OF ARVADA AND THE ARVADA FIRE PROTECTION DISTRICT FOR THE USE AND MAINTENANCE OF ARVADA'S PUBLIC SAFETY RADIO SYSTEM THIS AGREEMENT ("Agreement") is by and between the City of Arvada, a Colorado municipal corporation, on behalf of the Arvada Police Department (hereinafter "Arvada" or "APD") located at 8101 Ralston Road, Arvada, CO 80002, and the Arvada Fire Protection District, a Colorado special district and political subdivision of the State (hereinafter "AFPD"), located at 7903 Allison Way, Arvada, CO 80005. The AFPD and the APD may be referred to collectively as the "Parties" or individually as a "Party." WITNESSETH WHEREAS, Section 29-1-203, C.R.S., 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, both the APD and the AFPD are engaged in emergency response and other public safety functions that rely on a radio communications system or "RCS" (defined below); and WHEREAS, Arvada has or will partner with the City and County of Denver ("Denver") and the City of Lakewood ("Lakewood") in participating in an intergovernmental agreement to cooperate in the creation and maintenance of a shared network switching center or "CORE" (defined below) that forms the backbone of the RCS; and WHEREAS, Arvada is in the process of purchasing and implementing a P25 digital public safety RCS for use in carrying out emergency response and police service operations; and WHEREAS, Arvada has purchased from the Harris Corporation ("Harris") components necessary to construct and 0perate an emergency response and police services RCS including infrastructure hardware, terminal equipment, computer software, along with needed maintenance and support services for those components; and WHEREAS, Arvada and the AFPD either have or will purchase separately from Alcatel­ Lucent USA, Inc., ("Alcatel") additional infrastructure communications (i.e., microwave) equipment necessary to operate the RCS or function as a user on the RCS; and WHEREAS, Arvada has purchased from Sabre Industries, Inc., ("Sabre") a radio communications tower to enable emergency response and police service radio communications services; and WHEREAS, the contracts with Harris, Alcatel-Lucent, and Sabre are predicated in part on the participation of the AFPD as a user of Arvada's system; and WHEREAS, the RCS consists of certain equipment and facilities located in Arvada and in other areas located around the Denver metropolitan area as more fully described below; and WHEREAS, the RCS enables emergency services communications among Arvada employees, and between Arvada and other emergency services providers; and WHEREAS, the AFPD has a need to use the RCS and related facilities to provide necessary emergency response services to areas served by the AFPD; and WHEREAS, Arvada agrees to grant to the AFPD the non-exclusive right to use certain portions of the RCS and related facilities subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration ofthe above and the mutual covenants made herein, the Parties agree as follows: 1.0 DEFINITIONS. In addition to the terms defined elsewhere in this Agreement, the following definitions shall apply: Agency RCS Administrator(s) means the employee or volunteer designated by each Party in writing to be responsible for the day-to-day administration of this Agreement. Each Party shall use its continuing best efforts to communicate to the other the name and contact information of this designated employee or volunteer. In the event that a Party fails to make such a designation, that Party's Agency RCS Administrator shall be the Chief of that Party. The initial Agency RCS Administrator for Arvada shall be Ira Cohen. The initial Agency RCS Administrator for the AFPD shall be Chris Ambrosio. CORE or RCS CORE means the electronic backbone of the radio communications system consisting of a shared network switching center housed primarily in Denver and Lakewood and that is subject to an intergovernmental agreement ("CORE IGA") between Denver, Lakewood, and Arvada for the use and maintenance of the CORE network. Other entities or agencies may become members ofthe CORE IGA. Dispatch Console means the fixed base station equipment and related accessories that are located in the communications center of the APD, the AFPD, or any future authorized user of the RCS that is utilized by that agency's dispatchers for emergency and police radio communications pursuant to this Agreement. 2 Fixed Hardware means equipment, goods, and materials provided by Harris to construct the RCS system, but it does not include Infrastructure Communications Equipment or Terminal Equipment. It also includes control stations, Dispatch Consoles, and related accessories purchased from Harris by each Party, notwithstanding any provision of this Agreement or any Exhibit to the contrary. Infrastructure Communications Equipment means microwave and related equipment provided by Alcatel or any other equipment or telecom provider necessary to allow communications between component parts of the RCS. It does not include Fixed Hardware or Terminal Equipment. Radio communications system or RCS means all components of the system that are used by the Parties to facilitate emergency and police radio communications. This includes the RCS CORE and related facilities, Fixed Hardware, Infrastructure Communications Equipment, Terminal Equipment, the Tower, the Tower Site, and Software necessary to operate the RCS. Software means computer programs licensed by Harris to Arvada for use in operating the RCS and any updates thereto or successor versions or releases thereof. Maintenance and support services for RCS Software may be referred to as "Software FX." Terminal Equipment means interface equipment purchased from Harris by the APD, the AFPD, or any future authorized user of the RCS, including but not limited to, mobile and portable radio units that are utilized by personnel of that agency for emergency and police radio communications pursuant to this Agreement. It does not include Fixed Hardware or Infrastructure Communications Equipment. Tower or Tower Site means the communications tower that is currently in place and owned by Arvada and which is located at 6863 Dover Way in Arvada, Colorado, or any successor tower placed at that location by Arvada that is used by Arvada to facilitate the RCS. This site is sometimes referred to as being located 1 at 68 h and Estes in Arvada. Tower or Tower Site also includes the grounds at that location and all related appurtenances and equipment, including but not limited to support structures, guy wires, buildings, foundations, pads, and any lighting, backup, heating, ventilation, air conditioning, electrical, fire protection, or other systems necessary for the operation of the Tower. Except as otherwise specifically set forth herein, any reference to "Tower" in this Agreement shall be solely to the Tower located at 6863 Dover Way. 2.0 EXHIBITS. 2.1 Exhibit "A" is a copy of a System Purchase Agreement between the City of Arvada and Harris Corporation RF Communications Division ("Harris 3 contract") dated June 3, 2013. It contains a description of the components of the RCS provided by Harris. 2.2 Exhibit "B" consists of a list of Fixed Hardware and Terminal Equipment that is to be purchased by the AFPD pursuant to the Harris Corporation System Purchase Agreement as a user of the RCS pursuant to this Agreement. Each of these exhibits is incorporated by reference herein for all purposes. 3.0 TERMS AND CONDITIONS. 3.1 Non-exclusive license to use the RCS. Subject to the terms and conditions of this Agreement, Arvada grants to the AFPD a non-exclusive license to use the RCS throughout the Initial Term and any Renewal Term(s) of this Agreement. The AFPD shall connect to the RCS by installing Infrastructure Communications Equipment on the Tower or Tower Site on the terms set forth herein. 3.2 RCS CORE. Arvada shall be responsible for maintaining the CORE IGA to ensure the continuing functionality of the RCS. Arvada shall be responsible for payment obligations under the CORE IGA. Ownership of RCS components that are part of the CORE shall be as set forth in the CORE IGA. Any needed repairs to CORE components or facilities as well as maintenance and support services costs of the CORE shall be Arvada's responsibility as set forth in Table 4.1 below. 3.3 Harris Fixed Hardware. Arvada shall purchase and retain title to, and ownership of, all Fixed Hardware purchased by it pursuant to this Agreement or pursuant to Exhibit "A," except that the AFPD shall purchase and retain title to, and ownership of any control stations and any Dispatch Consoles it purchases as part of the RCS. All replacement costs shall be the responsibility of Arvada except for replacement of any control stations or Dispatch Consoles purchased by the AFPD. The Parties agree that Harris shall be the initial provider of all maintenance and support services as set forth in the Harris contract. Arvada may, in accordance with its Purchasing Ordinance, select another vendor to provide these services during the Initial Term or any Renewal Term of this Agreement. Arvada shall consult with the AFPD in the vendor selection process. The Parties shall share maintenance and support services costs for this component ofthe RCS as set forth in Table 4.1 below. 3.4 Alcatel Infrastructure Communications Equipment. Each Party shall separately contract with and purchase from Alcatel or any other equipment or telecom provider any Infrastructure Communications Equipment it deems necessary to the operation of the RCS or to function as a successful 4 user of the RCS. Costs for replacement items are the responsibility of the Party that needs the replacement item. All Infrastructure Communications Equipment purchased by a Party shall remain the property of that Party.
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