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HomeMy WebLinkAbout1998-03 IGA to Provide Dispatch Services by the Town of Vail Communications CenterZ 1 RESOLUTION N0.3 SERIES OF 1998 A RESOLUTION ADOPTING THE INTERGOVERNMENTAL AGREEMENT TO PROVIDE DISPATCH SERVICES BY THE TOWN OF VAIL COMMUNICATIONS CENTER. WHEREAS, the Town of Vail is offering dispatch services to other political subdivisions within the County of Eagle of the State of Colorado including Eagle County, the Western Eagle County Ambulance District, the Tawn of Eagle, the Town of Gypsum Fire Department, the Greater Eagle Fire Protection District, the Town of Minturn, the Minturn Fire District, the Town of Avon, and the Eagle County Ambulance Service; and WC-IERCAS, the Towij has previously provided dispatch services to other political subdivisions up to and including at the present tune; and WHEREAS, there has been created a greater need for such services within the County at the present time with the removal of the Sta#e Highway Patrol Dispatch Center from Eagle County; and WI-IEREAS, this enables the Town of Vail to further its responsiveness to other political subdivisions in Eagle County and thereby further regional cooperation. NOW, THEREFORE, BE IT RESOLVED by the Tawn Council of the Town of Vail, Colorado, that: The Town Council hereby adopts the Agreement attached hereto as Exhibit A which is presently being reviewed by the political subdivisions wha are potential uses of the Town of Vail Communication Center services. 2. The Town Council recognizes that this Agreement, at the time of final execution, may be subject to some amendment to satisfy the needs of all users but that it will remain substantially in its present form. o~ Nti I Itot~ 7r ~ ~~~`' r,' 3. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPT this 20th day of r r , 199$, Robert E. Ford Ma orSEALy ATTEST: f ~Au~ 17711 IIH11111~~ t.~~,' d--~--J 1 elei l~analdson, Town Clerk Rasolulian No. 2, Series of 1998 i Z ~ AGREEMENT THIS AGREEMENT, made and entered into this day of 1998, by and between the Town of Vail, Colorado and Eagle County, the Western Eagle County Ambulance District, the Town of Eagle, the Gypsum Fire Protection District, the Greater Eagle Fire Protection District, the Town of Minturn, the Minturn Fire District, the Town of Avon, the Eagle County Ambulance Service, each being a political subdivision within the CoLUity of Eagle of the State of Colorado, and hereinafter severally referred to by name or collectively as the contracting governments" and by and between the said contracting governments for services to be provided by the Town of Vail Communications Center, hereinafter referred to as "the communications center." WITNESSETH: WHEREAS, the contracting governments in the performance of their governmental functions, do furnish fire andlor police protection and other public safety services to the citizens and residents within the boundaries and areas of their respective political subdivisions, and WT~EREAS, the contracting governments are severally authorized to and do presently, severally, maintain and operate radio communications systems for the transmission and dispatching of messages relating to fire andlor police protection and other public safety services, and, as an incident thereto do engage in the dispatching of ambulance vehicles and services from ambulance service organizations to citizens and residents in need, as well as other vehicles and personnel from other public or private entities affected with the public safety and interest, and WHEREAS, pursuant to the provisions of Section 29-1-201, et sea., Colorado Revised Statutes, as amended, of Article XTV of the Constitution of the State of Colorado, each of the contracting governments is legally authorized to cooperate and contract with the others for the purpose of intergovernmentally providing any function, service or facility authorized to it, including the sharing of costs and incurring of debt, and further including authority to provide for the joint exercise of such function, service or facility, and WHEREAS, the contracting governments are desirous of purchasing such services and eliminating any similar departments and services now operated by the participating departments of the contracting governments, and 1 exhibit A r WHEREAS, the contracting governments do hereby severally and jointly determine and declare that this Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the parties hereto, each covenanting to and with each other jointly and severally, as herein set forth, IT IS AGREED as follows, to-wit: ARTICLE I -COMMUNICATIONS CENTER The communications center will at all times operate its facilities in an efficient manner and will supply its radio communications services in the transmission and dispatching of messages to and fiom the participating departments of the contracting governments as hereafter needed to fully discharge the responsibilities of such governments in the providing and furnishing of police, fire, and emergency medical protection and incidental public safety services to the citizens and residents within the boundaries and areas of their respective political subdivisions, hereinafter sometimes referred to as "such services". The contracting governments covenant and agree to purchase from the communications center all such services needed by their respective participa#ing departments. The communications center agrees to charge for such services and the contracting governments agree to pay for such services, all in accordance with the standards as hereinafter set forth for computing operating costs of the communications center, ARTICLE II - CENTER A P[JI3LIC ENTITY It is mutually acknowledged, agreed and understood by and between the contracting governments and the communications center that the principal reason for the existence of the communications center is that of establishing an instrumentality for providing such services for the various participating departments of the contracting governments on a more sound and/or economical basis than each contacting government could provide on its own. ARTICLE iIT -PERMITS AND LICENSES The comrnunieations center shall obtain at its expense, any and all permits, certificates and licenses required by any rules, regulations and laws for the construction and operation of its communication facility. The contracting governments will cooperate with the communications center, to the extent necessary, in obtaining such permits, certificates and licenses. 2 ARTICLE IV -MAINTAINING EC}UIPMENT It is agreed and acknowledged that it is of the essence to this Agreement that the communications center facility shall at all times be maintained in proper operating conditions, and the communications center shall sufficiently and adequately protect and maintain its facility and the equipment thereof in such manner that its services shall at all times he efficie~rtly rendered to the participating departments of the contracting governments as and when needed. ARTICIIE V -PERSONNEL The communications center agrees to furnish sufficient and qualified personnel to properly operate the communications facility and to supply the needed services to the participating departments of the cantracting governments an a 24 hour basis everyday hereafter, commencing on or before July I, 1998. ARTICLE VI -OWNERSHIP AND MANAGEMENT OF CC}MMITNICATIONS CENTER The contracting governments shall not be the owner or part-owner of any of the assets of the communications center; and, except as otherwise provided herein, the contracting governments shall have no control whatsoever in the management, operarion and awnership of the communications center. ARTICLE VII -ADVISORY BOARD While the management, operation, and awnership of the communication center remains with the Town of Vail, there shall be created an advisory board for tl~e purpose of reviewing protocol and making; suggestions as appropriate. `l~he advisory board is intended to create an opportunity For the parties to this Agreement to address issues that arise concerning the service rendered by the communication center. The advisory board will meet on a regular basis as determined adequate by that board to address issues and/or concerns that may affect the service being provided. Each party to this Agreement has the apportiuiity to appoint one representative to serve as a member of the advisory board. Such member shall be designated on an annual basis prior to the anniversary of July 1st for each year in which the appointing entity is a party to this Agreement. If during the annual term of a designated representative to the advisory board, there is a change, such change must be made in writing to the advisory board and the Town of Vail. ARTICLE VIII -ANNUAL CHARGES FOR SERVICES l'he contracting l;overnmenis hereby agree la the payment of a proportianate share ol• the operating costs of the communications center, which shall include but not be limited to the costs of salaries and li•inge benefits for employees, telephones, supplies, utilities, maintenance, remote computer terminals, insurance, and any other expenses related to the efficient operation of the communications center. Such operating costs chargeable to each contracting government will be assessed on a yearly basis. Such annual charges shall be based on police and emergency medical dispatch services by the number of total calls and for fire dispatch services it will be based upon apparatus responses. Actual radio exchanges may be used as part of the criteria for charges. A radio exchange is one or mare transmissions between the dispatcher and a unit of a participating department, involving a single topic, a single participating department and a relatively short period of time, as may be further defined from time to time. A transmission is ane continuous and uninterrupted message to or from the dispatcher. ARTICLE IX -DEFAULT IN PERFORMANCE In tl~e event any contracting government fails to pay its share of the operating costs when due, or to perform any of its covenants and undertakings under this Agreement, the Town of Vail through the communications center shall cause written notice to be given to the legislative body or other authority that approved this Agreement of its intention to terminate said Agreement as to such contracting government in default unless such default is cured within 30 days from the date of such notice. Upon failure to cure said default within the said thirty day period, the membership in the communications center of such contracting governments shall thereupon terminate and shall thereafter be denied service by the communications center. This article is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have far breach of this Agreement. ARTICLE X - Fi1TIJRE CONTRACTS BY CQMMi1NICATIONS CENTER It is agreed by and between the parties that the communications center may be in a position to furnish radio communications services to other potential subdivisions in and within the County of Eagle and, in this regaxd, the contracting governments and the communications center hereby expressly agree and consent that such other contracts between the communications 4 center and other political subdivisions shall be on the same terms and conditions as this Agreement, as well as any other terms and conditions that the communications center may deem appropriate. ARTICLF, XI - DIJRATION OF AGREEMENT A. The duration of this Agreement shall be for a minimum period often years from its effective date. Not-withstanding the foregoing, however, with regard to any particular contracting government whose power to enter into contracts is limited to a specific period of time less than ten years, the contractual obligation of such government shall be for the maximum limit permitted to it. The contractual obligation of the parties to this Agreement shall also be subject to the annual appropriations as required by Article X, Section 20 of the Constitution of the State of Colorado. If a contracting government shall desire to terminate this Agreement as of the end of its term as aforesaid, it shall give written notice to the cammu~~ications center of its intention to terminate the same as of the date of expiration of the term hereof, and upon failure so to give such notice to the communication center, then as to such contracting government so failing to e ~;ercise its right to terminate, this Agreement shall continue thereafter on a year to year basis, indefinitely until such contracting government shall exercise its right to terminate this Agreement by written notice to the communications center of intention so to terminate the same to be given a minimum of 94 days prior to the next succeeding anniversary date hereof when such contracting government might duly terminate the sanne as aforesaid. Termination of this Agreement by a contracting government may be effected by filing with the Town of Vail an affidavit acknowledging that this Agreement, as it then exists, has been duly terminated by the due resolution of the legislative body or other appropriate authority of such contracting government so desiring to terminate the same and such off davit shall be duly signed by the presiding officer of said legislative body and the chief executive officer of such contracting government. B. The communications center agrees to provide the services that. are the subject of this Agreement for as long as the contracting governments desire the same to be provided, unless the number of contracting governments desirous of such services is reduced so as to make it economically not feasible to continue the operation of the communications center in the judgment and sole discretion of the communications center. 5 ARTICLE XIf - F.,FFECTfVE PATE This Agreement shall become effective upon the execution hereof by all of the duly authorized signatories of the parties. But in the event that all of the parties identified in this Agreement shall not have signed this Agreement on or before January 30, 1998, then and in that event this Agreement shall be effective and binding upon those parties who are signatories on or before said date. As to any political subdivision which shall not have become a signatory to this Agreement on or before said date, any participation by said political subdivision in the communications center shall be subject to the provisions of Article IX of this Agreement. ARTICLF, XIIf - SEVERABILITY CLAUSE If any provision of the Agreement or the application thereof to any party or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are declared to be severable. ARTICLE XIV -EXECUTION This Agreement may be executed in counterparts. Execution of this Agreement by fewer than all parties shall cause the Agreement to be effective between those parties so executing. IN WITNESS HEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be executed the day and year first above written. TOWN OF VAIL By: Attest: Robert W. McLaurin Lorelei Donaldson, Town Clerk Its: Town Manager EAGLE CaUNTY I3y Attest: Its; WESTERN EAGLE COUNTY AMBULANCE DISTRICT BY: Attest: Its: TOWN OF EAGLE BY: Attest: Its: GYPSUM FIRE PROTECTION DISTRICT By: Attest: Its: 1REA'i'Eit L;AGLE FIRL; P[t0'1'EC'1'lON UIS"1'RIC'1' 3y; Attest: Its: TOWN OF MINTURN By: Attest; Its: MINTURN FIRE DISTRICT BY~ Attest: Its: TOWN OF AVON BY: Attest: Its: 7 r 'i i t EAGLE COUNTY AMBULANCE SERVICE By: Its: Attest: 1~:5dispatcls,agl