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Home My WebLink About20132356.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Public Safety Dispatch Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and City of Greeley, commencing January 1, 2014, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Intergovernmental Agreement for Public Safety Dispatch Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Regional Communications Center, and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board n BY: Deputy C k to the Board APP AS ttorne Date of signature§EP 0 4 2013 a bAltt-t:0 Gar Chair � rn, L a Radema her, Pro-Tem P. Conway r Freeman arbara Kirkmeyer ed. : c, dtee/ (Bless)] 52) 2013-2356 SO0034 INTERGOVERNMENTAL AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this /7 day of August, 2013, by and between the COUNTY OF WELD, COLORADO (hereinafter "County"), whose address is 1150 0 Street, Greeley, Colorado 80632, and the CITY OF GREELEY, COLORADO (hereinafter "City"), whose address is 1000 10th Street, Greeley, Colorado 80631, for the provision of public safety dispatch services by the County to the City. The effective date of the terms of this Agreement shall begin on January 1, 2014. RECITALS WHEREAS, the parties have historically cooperated to operate a joint public safety dispatch operation named the Weld County Regional Communications Center (hereinafter "WCRCC"); and WHEREAS, the parties agree that it is in their best interest and the interest of all agencies receiving public safety dispatch services from the WCRCC to have the County assume sole operation and maintenance of the WCRCC; and WHEREAS, the operation and maintenance of a public safety dispatch center is a proper County function; and WHEREAS, upon the County assuming sole operation and maintenance of the WCRCC, the City shall receive public safety dispatch services pursuant to the terms outlined in this Agreement; and WHEREAS, the County and the City are authorized to enter into this Agreement pursuant to § 29-1-203, C.R.S., Article IL § 2-3 of the Weld County Home Rule Charter, and § 3- 7 of the City of Greeley Charter. WHEREAS, pursuant to the terms of this IGA and in accordance with the calculations set forth herein, the City shall make payments to the County for the provision of public safety dispatch services beginning in 2014, and each year thereafter, a sum representing its fair share of the costs for the public safety dispatch services as set forth in this Agreement. NOW THEREFORE, in consideration of the covenants herein contained and other good and valuable consideration, the adequacy of which is acknowledged by and among the parties, the parties agree as follows: 1. PROVISION OF SERVICES BY THE COUNTY: a. The County, through the WCRCC, shall provide the following public safety dispatch services: i. Emergency 911 call answering; Page 1 of 4 Pages o20/2-073-54 ii. Police, fire and EMS CAD/radio dispatching; iii. NCIC/CCIC channel clearances; and iv. After -hour notifications for police, animal control involving concerns for public safety, fire, EMS, water and sewer, risk management, and public works. b. The services currently provided shall not be modified, nor discontinued, without prior consideration by the Communications Board and notice to the City. c. The public safety dispatch services listed in 1(a) shall be provided to the City 24 hours per day, seven days a week. d. If the City desires additional emergency services beyond those described herein, it may request such services from the County. It shall be in the sole discretion of the County whether to accommodate such requests and any additional services provided shall be the subject of a separate agreement. 2. COST FOR DISPATCH SERVICES. a. The County shall determine costs to be paid by the City for dispatch services based upon the following methodology recommended by the Weld County Communications Advisory Board in 2012 and approved by the Board of Weld County Commissioners: i. Allocation of costs among all users of the WCRCC dispatch services will be based upon the number and type of dispatched calls with law and fire dispatched calls charged at different rates. ii. All volumes of calls will be averaged over four years. iii. The cost figure charged in the first year of this IGA shall thereafter be increased annually by the Denver -Boulder CPI. b. If the City requests or requires additional emergency services above the current service level as described in 1(a), the City will pay for the additional services in their entirety above and beyond any allocation from the adopted methodology. c. The cost basis for public safety dispatch services for the following year will be provided to the City by June 1 of each year. d. The County reserves the right to periodically ask the Communications Advisory Board to review the cost allocation methodology and make recommendations regarding any appropriate changes to the cost allocation methodology for the Weld Page 2 of 4 Pages - County Board of Commissioners to consider for approval. Any such approved changes to the cost allocation shall modify the cost allocation terms of this Agreement and be imposed pursuant to the terms of this Agreement. If the cost allocation methodology change is uniformly applied to all like users no amendment to this agreement is required. 3. TERM: The term of this IGA shall be from January 1, 2014, to and until December 31, 2014, and shall continue for successive one year periods thereafter, unless terminated sooner by either party by giving to the other notice of termination at least 180 days prior to the projected date of termination. 4. ENTIRE AGREEMENT: This writing constitutes the entire agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties, their officers, employees, agents and assigns. 5. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a waiver of any immunities the parties or their officers, employees, or agents may possess, nor shall any portion of this IGA be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this IGA. 6. NON -APPROPRIATION: Financial obligations of the parties imposed under this IGA and payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this IGA, the parties do not warrant that funds will be available to fund this IGA beyond the current fiscal year and no portion of this IGA shall be deemed to create an obligation on the part of the County or the City to expend funds not otherwise appropriated in each succeeding year. 7. NON -LIABILITY: The City agrees that in no event shall the County be liable to the City due to any stoppage, delay, or any impairment in the provision of dispatch services pursuant to this IGA where such stoppage, delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside the control of the County. 8. INDEMNITY. To the extent authorized or limited by law, the City agrees to indemnify, defend, and hold the County, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures to act by the City, its employees, officers, and agents, occurring from the point of receiving public safety dispatch services pursuant to this IGA. To the extent authorized or limited by law, the County agrees to indemnify, defend, and hold the City, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures Page 3 of 4 Pages to act by the County, its employees, officers, and agents, occurring from the provision of public safety dispatch services pursuant to this IGA. 9. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this IGA shall give or allow any claim or right of action whatsoever by any other person not included in this IGA. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this IGA shall be an incidental beneficiary only. IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date first written above. CITY OF GREELEY, COLORADO By: Tom Norton, Mayor ATTEST: Betsy I dlder, Cit Clerk COUNTY OF WELD, COLORADO By: Wiiam arcia, Chairman Board of County Commissioners of Weld County, Colorado AUG 1 9 2013 ATTEST Weld County Jerk to the Board t By: eputy Cle to the Board APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: Phi ou Mar / City A rTrney APPROVED AS T,I BSTANCE: By: anager Attorney AVAILABILITY OF FUNDS: B r. ce T. Barker, Weld County By: Q Victoria Runkle, Director of Finance Page 4 of 4 Pages THE CITY OF GREELEY, COLORADO RESOLUTION 52 , 2013 A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR PUBLIC SAFETY DISPATCH SERVICES. WHEREAS, the parties have entered into previous intergovernmental agreements related to the provision of Emergency Dispatch and Criminal Records management services entitled "Intergovernmental Agreement for Provision of Communications, Records, and Criminal Justice Information Systems," dated May 3, 1993, as amended by a document entitled, "Amendment to Intergovernmental Agreement," dated May 2, 1994; and the Intergovernmental IGA for the Provision of Public Safety Information System in Weld County, Colorado" dated June 7, 2010 ("2010 IGA"); and WHEREAS, as part of their joint operation of the Weld County Regional Communications Center and the Greeley/Weld Records Division the parties have historically cooperated to operate and maintain a public safety information network system which provides records functions and computer -aided dispatch functions in addition to other related functions; and WHEREAS, pursuant to the 2010 IGA and the prior agreements, the City has managed the operation of the Weld County Regional Communications Center since 1993; and WHEREAS, the parties agree that it is in their best interest and the interest of all agencies receiving Public Safety Information Network services through the Weld County Regional Communications Center to have the County assume operation of the Weld County Regional Communications Center; and WHEREAS, upon the County assuming sole operation and maintenance of the Weld County Regional Communications Center, the City shall receive public safety dispatch services pursuant to the terms outlined in this Agreement; and WHEREAS, the City shall make payments to the County for the provision of public safety dispatch services beginning in 2014, and each year thereafter, in an amount representing its fair share of the costs for the public safety dispatch services as set forth in this Agreement. WHEREAS, the _County_andxhe City are -authorized -to-enter-into this Agreementpursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter, and § 3-7 of the City of Greeley Charter; and WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the Intergovernmental Agreement with Weld County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: 1. The City Council hereby authorizes the Mayor to enter into the Intergovernmental Agreement, attached hereto and incorporated herein as Exhibit "A". 2. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED, SIGNED AND APPROVED THIS August ,2013. ATTEST: 70th day of THE CITY OF GREELEY, COLORADO City Cler Mayor Hello