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Home My WebLink About2019-08 IGA with Eagle County for Public Safety Commnications Center Information Technology Support RESOLUTION NO. 8 SERIES OF 2019 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND EAGLE COUNTY FOR PUBLIC SAFETY COMMUNICATIONS CENTER INFORMATION TECHNOLOGY SUPPORT WHEREAS, the Town owns and operates the Vail Public Safety Communications Center (the"Dispatch Center")which services valley wide; WHEREAS, the Dispatch Center requires additional information technology support("IT Support"); WHEREAS,Eagle County(the"County")is willing to provide IT Support by providing the services of one or more of its Deputy Sheriffs or other qualified staff; WHEREAS,the Town and County would like to enter into an Intergovernmental Agreement (the"IGA") formalizing the responsibilities of the IT Support; 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 glk 4110 r 446.POP 0 Talgto._el, own - -A. r r............\\,,,H1/4Lave Chapin,Mayor 4'' „4.7„,i 1,.. 4 y c\ ,:: pro Resolution No. 8,Series of 2019 EXHIBIT A INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and entered into this day of , 2019 (the "Effective Date"), by and between the TOWN OF VAIL, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 ("Vail") and EAGLE COUNTY, a Colorado county with an address of 794 Fairgrounds Road, Eagle, Colorado 81631 ("Eagle") (each a "Party" and collectively, the "Parties"). WHEREAS, Vail requires additional information technology support ("IT Support")for its Public Safety Communications Center (the "Dispatch Center"); WHEREAS, Eagle is willing to provide such IT Support by providing the services of one or more of its Deputy Sheriffs or other qualified staff (the "IT Staff"); WHEREAS, the Parties are government entities authorized to enter into agreements with one another to cooperate in the provision of services and facilities pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29- 1-203; and WHEREAS, each Party has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Term and Termination. This Agreement is effective as of the Effective Date and shall remain in effect until terminated by either Party upon 10 days' prior written notice. 2. Assignment of IT Staff. Upon the request of Vail and on an as-available basis, Eagle shall assign one or more of its IT Staff to provide IT Support to the Dispatch Center and supports operation of emergency services mobile devices throughout the county . IT Support shall include without limitation any necessary services related to the products, goods, equipment, hardware, supplies, or software related to information technology used at the Dispatch Center. 3. Requests for IT Staffing. Requests for assignment of IT Staff shall be made to Eagle as early as reasonably practicable after the need for IT Support exists. Requests for IT Support shall be made by the Director of the Vail IT Director or designee to 1/31/2019 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIIT DISPATCH-A011819 KMH-1.DOCX 4. Compensation. Compensation hereunder shall be at a rate of $60 per hour per IT Staff person, excluding travel time up to a maximum of 500 hours, or $30,000 per year unless specifically authorized by Vail. Each IT Staff person shall maintain a time record in the form of Exhibit A, which time record shall be completed and initialed by the IT Staff person at the end of the extra duty shift and presented to the Director of the Vail IT Director or designee for review and billing. Thereafter, Eagle shall prepare a quarterly invoice and present it to Vail. Vail shall pay such invoices within 30 days of receipt, and a copy of the invoice shall be included with such quarterly payment. 5. Emergency Availability. IT Staff shall, at all times while assigned as provided in Section 1, be available to respond to any incident occurring within Eagle's jurisdiction if the IT Staff's employer determines that there is an emergency. 6. Relationship of Employee. IT Staff assigned hereunder shall at all times remain in Eagle's employment acting within the scope of their employment. Eagle shall at all times be and remain responsible for providing any workers' compensation or pension benefits of its employees, including without limitation disability, death, and survivor benefits, to which the individual would otherwise be entitled if the injury, disability, or death had occurred within Eagle's jurisdictional boundaries. IT Staff shall report any injuries incurred while performing services hereunder to Eagle, and workers' compensation benefits or unemployment insurance benefits shall be Eagle's responsibility. Eagle shall be responsible for paying federal and state income tax on any monies earned pursuant to this Agreement and shall comply with all employment laws and insurance laws related to its employees. 7. Miscellaneous. a. Notices. All notices under the Agreement shall be in writing and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. b. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. c. Integration. This Agreement represents the entire agreement between the Parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. d. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. e. Modification. This Agreement may only be modified by written agreement of the Parties. 2 1/31/2019 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIIT DISPATCH-A011819 KMH-1.DOCX f. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. g. No Third-Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. h. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall either Party or its employees or its representatives be considered or authorized to act as employees or agents of the other Party. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of either Party under this Agreement is specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of either Party within any statutory or constitutional provision. j. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities either Party and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL Greg Clifton, Town Manager ATTEST: Tammy Nagel, Town Clerk COUNTY OF EAGLE [Name] ATTEST: 3 1/31/2019 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIIT DISPATCH A011819 KMH-1.DOCX EXHIBIT A EMPLOYEE: ADDRESS: CONTACT CONTACT #: DATE WORKED HOURS WORKED SIGNATURE: 4 1/31/2019 IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIIT DISPATCH-A011819 KMH-1.DOCX