HomeMy WebLinkAbout20082091.tiff RESOLUTION
RE: APPROVE SEVEN INTERGOVERNMENTAL AGREEMENTS FOR PUBLIC SAFETY
DISPATCH SERVICES WITH VARIOUS MUNICIPALITIES AND AUTHORIZE CHAIR TO
SIGN
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 seven Intergovernmental Agreements for
Public Safety Dispatch Services among 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,the City of Greeley,and the municipalities listed below,commencing upon
full execution, with further terms and conditions being as stated in said agreements, and
1. City of Evans
2. Town of Windsor
3. Town of Johnstown
4. City of Fort Lupton
5. Town of Frederick
6. Town of Firestone
7. City of Dacono
WHEREAS,after review,the Board deems it advisable to approve said agreements,copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the seven Intergovernmental Agreements for Public Safety Dispatch
Services among 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,
the City of Greeley, and the municipalities listed above be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreements.
2008-2091
CM0017
CO Cc, E-) 0 — 38—vim
SEVEN INTERGOVERNMENTAL AGREEMENTS FOR PUBLIC SAFETY DISPATCH SERVICES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 30th day of July, A.D., 2008.
Lie/ Iw IT BOARD OF COUNTY COMMISSIONERS
add WELD COUNTY, COLORADO
ATTEST: '1861 r - pt.� —7
Weld County Clerk to the r
q-.1.9
t°1`9 ,Wil H. Jerke, Chair
Robert / I ro-Tem
BY:
Deputy Clerk t' the Board
William F. Garcia
APP AS EXCUSED
/ David E. Long
n torney a. - n A-
Do glas demacher
Date of signature: 8 0
2008-2091
CM0017
Y
CITY ATTORNEY
OFFICE n MEMO
To: -3e ibba d, City Cle k' Office RECEIVED
From: Jeffrey C. Parins, Deputy City Attorney
\ JUL 1 X008
Subject: CommCenter IGAs
Date: July 15, 2008 'MANCE DEPT,
Juan Cruz told me that you will be taking these IGAs to the County Commissioners for
signature and then bringing them back for Juan to circulate for the Municipalities'
signatures.
We had to reprint the Evans IGA so Mr. Phillipsen must re-sign them before you take
them to the County.
If you have any questions, please feel free to contact either Juan or myself.
Thanks.
/
7 .Jnati 55i - 2- ,6
Greeley
Russell J. Lenhart
Assistant City Clerk
City Clerks Office
1000 10th Street
Greeley,CO 80631
(970)350-9741
(970)350-9828 Fax
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2008-2091
e
1
THE CITY OF GREELEY, COLORADO
RESOLUTION NO. 38, 2008
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF GREELEY TO ENTER
INTO SEVEN (7) INDIVIDUAL INTERGOVERNMENTAL AGREEMENTS FOR PUBLIC
SAFETY DISPATCH SERVICES WITH WELD COUNTY,COLORADO,CITY OF DACONO,
CITY OF EVANS,CITY OF FIRESTONE,CITY OF FREDERICK,CITY OF FT.LUPTON,CITY
OF JOHNSTOWN, AND CITY OF WINDSOR.
WHEREAS, the City and Weld County entered into an Intergovernmental Agreement for
provision of communications, records, and criminal justice information systems on the 3`d day of
May, 1993, ("CommCenter IGA"); and
WHEREAS,the CommCenter provides public safety dispatch services for local jurisdictions
with public safety organizations within Weld County, including emergency services vehicles; and
WHEREAS, since the CommCenter began providing such public safety dispatch services
in 1993, costs have risen to a level which must be shared among those local jurisdictions with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, Weld County, City of Dacono, City of Evans, City of Firestone, City of
Frederick, City of Ft. Lupton, City of Johnstown, and the City of Windsor, are each willing to
cooperate in this matter under the terms and conditions contained in the individual Agreements;and
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into the
Intergovernmental Agreements with Weld County,City of Dacono,City of Evans,City of Firestone,
City of Frederick, City of Ft. Lupton, Johnstown, and the City of Windsor.
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 seven (7) individual
Intergovernmental Agreements,all attached hereto and incorporated herein as Exhibits"A"through
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED THIS 151 day of July, 2008.
ATTEST:
THE CITY OF ELEY, COLORADO
Z I A,
City Cle Mayor
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
tit
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this -DO — day of
C�{/a , 2008, by and between the CITY OF GREELEY, COLORADO, whose
address is'l000 10`1' Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as "the CommCenter;" and the CITY OF EVANS, COLORADO, whose address is 1100 37th
Street, Evans, Colorado 80620, hereinafter referred to as "Evans".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(l)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Evans emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007, transmissions for Evans were 43,541, which represents 6.38
percent (6.38 %) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Evans shall make annual payments to the City of Greeley for the
CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Evans's fair share of the costs for transmissions between the CommCenter and
Evans's emergency services vehicles.
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:
I. PROVISION OF SERVICES BY COMMCENTER: CommCenter shall provide
public safety dispatch services for Evans in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
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available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Evans from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Evans to offset the annual costs for
transmissions between the CommCenter and Evans's emergency services vehicles.
3. 2009 PAYMENT BY EVANS: Evans agrees to pay to the City of Greeley, on or before
February 1, 2009, the amount of$8,341.17 for calendar year 2009, representing Evans's
fair share of the costs for transmissions between the CommCenter and Evans's
emergency services vehicles. Calculation for the 2009 payment is described as follows:
a. For 2007, the number of transmissions between the CommCenter and Evans's
emergency services vehicles was 43,541. This represented 6.38 percent (6.38%)
of the total number of 682,175 transmissions handled by the CommCenter in
2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Evans for 2009 is $8,341.17. This sum is calculated by multiplying
Evans's 2007 percentage of total transmissions by the increase of costs for the
CommCenter from the base year of 2007 to the budgeted year of 2009. The
product is then reduced by $10,000, representing the amount of the yearly grant
from Weld County. Lastly, for 2009 only, the sum is then further reduced by two-
thirds (2/3) to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Evans shall pay to
the City of Greeley, on or before February 1s' of each year after 2009, Evans's share of
the costs for transmissions between the CommCenter and Evans's emergency services
vehicles, said payment to be calculated using the methodology set forth in Exhibit B.
attached hereto and incorporated herein.
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
- 7 —
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
IN WITNESS WHEREOF. the parties hereto have signed their signatures on the date
first written above.
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Signed by the p es the,.20 day of Ju nN , 2008.
CITY OF GREEL OLORADO COUNTY OF WELD, COLORADO
1*®N William H. Jerke, Chairman
eto*( *
z*. Board of County Commissioners
SE IL } ; of the County of Weld JUL 3
A ms's ST g' e; )144/S
A /J , /1 li.W,•N
A . - �` �.'!� ''J J�oh) ATTEST: 44/ yr .d :�
�k :Wil ''Clerk Weld County Clerk to the Bo �� ���" y�,
`is I +
APPROVED AS TO EG FORM: By: , ►�G� i_ I►4�' .K. a
Deputy Cle ' to the Boar ! ' ti1„,:
By: de------____-
C. tt rney
APP V D T S E: CITY OF EVANS, CO. ,
By By. /
it "" , ayor
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C
AVAILABILITY OF FUNDS: = SEAL
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C .Director o ante OR PS Y. CflClP
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INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF COMMUNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May, 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County") .
WITNESSETH:
WHEREAS, the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions of both the City and the County, and
WHEREAS, both parties desire to enter into an intergovernmental agreement
so as to combine their communication dispatch centers, criminal records, and
criminal justice information systems for the purposes of economy, efficiency, and
enhanced public safety services, and
WHEREAS. the City has submitted a proposal that the County has accepted,
and
WHEREAS, this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto, and
WHEREAS, the City and the. County are authorized to enter into this
Agreement, by virtue of Section 29-1-203, C.R.S. ; Article II, Section 2-3, Weld
County Home Rule Charter; and the City of Greeley Charter, Section 3-7.
NOW, THEREFORE, in consideration of the following mutual promises and
covenants, the City and the County hereby agree as follows:
1. Contract Representatives: City and County shall each designate, in
writing, Contract Representatives to serve as contract managers and
spokespersons for the respective entities.
2. Facilities: The County shall provide space in the building at 915
Tenth Street at no cost to house the communications dispatch center,
records area, and centralized equipment for the criminal justice
information system. Said facility shall be known as the Weld County
Regional Communications Center (hereinafter referred to as
"Center") .
3. Provision of Utilities to Facilities: The County agrees to provide
water, sewer. gas, and electricity for the Center at no charge to
the City. The County will provide budget for current level of
County telephone service and City will provide budget for City
telephone service.
• EXHIBIT O/0)
93040a
.'s Ulf is •
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain, and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the
combined Center at County cost. The County agrees to provide
interior janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
6. County-wide Emergency Service Dispatching Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire, and ambulance agencies specified in Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving
equipment, to facilitate the receipt of E-911 calls, and to dispatch
appropriate emergency response agencies, per the policies and
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard calls after hours
to include all hours except. Monday through Friday, 7:30 a.m. to 5:30
p.m. , excepting County holidays. During after hour coverage, the
City will page on-call County and court employees as required. The
County shall pay for and maintain the County PBX system.
7. Criminal Justice Information System: The City agrees to install and
maintain a criminal justice information system including a computer-
aided dispatch, records management system, jail automated system,
and case information system for the District Attorney. The system
to be installed is the Tiburon system, Option B, more fully
described in Exhibit B. The system and equipment shall be licensed
in the name of the City.
ICA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
B. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff, including,
but not limited to, automated dictation system, incident reporting,
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws, which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld County E-911
Board per the by-laws of said board, which are attached as Exhibit
D.
11. Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
The City agrees to maintain all records and data pertaining to the
performance of radio maintenance. The County shall provide and
maintain existing computer program known as the "Radio Network
Management" system at no cost to the City to assist in management of
radio network.
12. Licensing and Compliance with Applicable Laws: The City shall
maintain all current FCC licenses for all radio frequencies in the
County radio system in the name of Weld County.
The City agrees to comply with all applicable federal, state,
county, and local laws, rules, regulations, ordinances, orders, and
decrees in effect at the time of execution of this Agreement. The
parties agree that later-enacted laws, rules, regulations,
ordinances, orders, and decrees may require modification of this
Agreement. The City agrees to indemnify, defend, and hold harmless
ICA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County, by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws, rules,
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
14. Employment Status: It is expressly agreed and understood the City
is in all respects an independent contractor as to the work and that
the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be eligible for County benefits. This Agreement
specifies the nature and extent of the work to be done by the City.
but the method utilized to accomplish the work shall be the
responsibility of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the County. City assumes no liability for County employees
working in the Center.
15. Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
involved in providing County services herein. No contract shall,
under any circumstances, relieve the City of its liability and
obligation under this Agreement; and despite such contracting, the
County shall deal through the City, and contractors, will be dealt
with as workers and representatives of the Contractor. The City may
not contract emergency service dispatching services without County
approval.
16. Non-Liability: The City and the County agree that in no event shall
either the County or the City be liable or responsible to each
other, or to other persons due to any stoppage or delay in work
herein provided for, where such stoppages or delays result from acts
of God, fire, war, legal, or equitable proceeding, or any other
cause which is outside the control of the City or the County.
17. Hours of Operation by City of Center: The Center shall be
operational every day of the year, twenty-four hours per day.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 5
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement is
satisfactorily completed.
The County agrees that the City shall have the sole right to select
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge of the
Center as the County's Director of Communications, but such person
shall sign a waiver of County employment rights and benefits prior
to starting the employment. The City shall supervise County staff
in the. Center until October 1, 1993, via the Communications
Director, or until County employment is terminated.
The City agrees to consider for employment current communication and
records staff interested in being hired by the City. Eligibility
for hiring of employees by the City shall be based solely upon the
City's testing and selection process. No current county employee is
guaranteed a position with the City.
The City's employees shall not claim any County right or benefit as
a condition of their employment in the performance of this contract.
The County hereby represents to the Contractor that pre-existing
County benefit plans for County employees involved in communications
and records activities will terminate prior to their employment by
the City, and the City will have no liability or obligation of any
kind for any such benefit plan except the County agrees to pay off
appropriate vacation and sick leave compensable balances to the
employee or at the employee's written option. payment will be made
to the City and corresponding leave credit will be granted to the
employee as a City employee in lieu of payment.
The City's employee benefit programs sl:•all be used for the City's
employees. Any employment transition benefits from County
employment to City employment shall be as agreed between the City
and County. The County shall have no liability or obligation of any
kind for any such benefit plan.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until December 31, 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually
acceptable annual costs. A new cost shall be negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior
to expiration.
20. Compensation: In consideration of the execution of this Agreement,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until
October 1, 1993, any out-of-pocket costs of the City in relationship
to the operation of the Center. Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill.
During the period of October 1, 1993, to December 31, 1993, the
County shall pay for operation of the Center a total of $169,844
paid in monthly installments of $56,614.66 and comprised of the
following:
1 Upgrade Police Lieutenant to Captain $ 2.449
1 Upgrade Computer Systems Manager 2,029
1 Computer System's Analyst 11,250
1 Radio Technician 11,250
10 Dispatchers at PD (top pay) 85,839
4 Data Entry Clerks (top pay) 26,727
Radio Maintenance 20,750
Tower Rental 2,100
Utilities 825
Phones 6,625
Total Costs $1691844
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1, 1994, to December 31, 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75, 364.33 and comprised of the following:
1 Upgrade Police Lieutenant to Captain $ 9,793
1 Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45,000
1 Radio Technician 45,000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks (top pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200.000
Radio Upgrades 25,000
Tower Rental 8,400
Utilities 3,300
Phones 26,500
Total Cost $904,372
County shall receive any cost reimbursement from user agencies for
radio repair. or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc. , shall be
paid by the user.
The County shall pay any and all costs of acquiring and installing
the criminal justice information system per attached Exhibit B.
The City shall pay all outside vendor costs above and bill the
county monthly. For purposes of Section 20 of Article. X of the
Colorado Constitution, revenue and expenditure limits of this
contract shall be considered expenses of Weld County only and not
the City's. The amount paid by the County to the City shall be an
abatement of City expenses and not revenues.
The City shall bill the County monthly as of the first of the month
for the above costs. All billings by the City to the County shall
be paid within 30 days by the County unless the County notified the
City in writing of any disputed amount.
'T
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications and/or Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
Within ten (10) working days of receipt of such notice, the City
shall correct or take reasonable steps to correct the deficiencies
complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
in performing services pursuant to this Agreement. If the City
fails to correct or take reasonable steps to correct the
deficiencies within ten (10) working days, the County may declare
the City in default and terminate this Agreement upon eighteen
months' notice prior to termination.
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the
City and the County.
24. Notice: Any written notice to be given hereunder by either party to
the other party shall be affected by certified mail, return receipt
requested. Notice to the City shall be sufficient if made or
addressed to the Greeley City Manager, 1000 Tenth Street, Greeley,
Colorado, 80631. Notice to the County shall be sufficient if made
or addressed to the Board of County Commissioners of Weld County,
915 Tenth Street, Greeley, Colorado, 80631. Either party may change
the address for notice to it by giving written notice of such change
in accordance with the provisions of this section.
25. Entire Agreement: This Agreement and the attached Exhibits
constitute the entire Agreement between the City and the County, and
neither the City nor the County shall he bound by any requirement
which is not specifically stated in this Agreement.
y
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of Immunity/Third Party Liability: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County to expend
funds not otherwise appropriated in each succeeding year.
28. Severability: If any section, subsection, paragraph, sentence,
clause or phrase of this Agreement is for any reason held or decided
to be invalid or unconstitutional, such a decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
section, subsection, paragraph, sentence, clause, and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado.
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and in accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
31. Ownership: The City shall have ownership of all computer hardware,
software, and equipment acquired for purposes of the center from
date of inception of this contract. Ownership of jail management
and prosecution system of the criminal justice information system
shall transfer to the County from the City at time of termination of
this contract.
32. Dispute Resolution: In the event of a dispute over service or
contract interpretation, a panel of three persons shall be
appointed. The City shall appoint one member, the County shall
appoint one member, and one member will be agreed upon by both City
and County to comprise the panel. The first step shall be a
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 10
mediation process. If no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
•
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement this 3rd day of May, A.D. , 1993.
I: j/I diGQ`�.�ii1
il
ATTEST: ATTEST: p�yi,j� jV 47 By: ,z„)_.1..4..,... 4 •'jtd.a..... By: / - _. . s
City Cle4k / Deputy Clerk to the Board
Ii
THE CITY OR GREELEY, COLORADO THE COUNTY OF WELD, COLORADO.
by and through the City by the through the Board of
Council of the City of Greeley County Commissioners of the
'\ Count of Weld
By: W-
C �.W -- ACs-- `
By f4J ,,.t.J 41.,./..66_,/‘
Mayor Chairman (}s1.:6/y3
APPROVED AS TO y+3Ki: -t-�'- j APPgillIED7AS TO FORM: -
�_..f_
By 0( OA c-c 0 if By: �_-- / • � ...--;---E.%*---)
City icy^ !hetity Attorney -•.
OK)
APPROVED AS TO i+ : Fug APPROV' 'AS TO S/'BSTA `JJ, VII? ia •,
i, ,By: i By: tlitZfil •• //1,416.----
f , ,._r C;r' 4714 cis, County Finan /
e Director
APPROVED AS TO AVAILABILITY OF FUNDS:
B : ' .. C)2/,1
--��1
Finance Dire.
• N. . .
.
.4
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
1) 2008 individual law agency transmissions - 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
= adjusted annual total cost
3) individual agency percentage x adjusted annual total cost= subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
= agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period (i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget —2007 costs;
2012 payment calculation uses 2012 budget—2007 costs; etc.)
The CommCenter budget will include infrastructure depreciation cost of S72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1:3) for 2010 only, and no
reduction for annual payments due thereafter.
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
lit
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this 30 " day of
, 2008, by and between the CITY OF GREELEY, COLORADO, whose
address is 1000 10th Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as "the CommCenter;" and the CITY OF WINDSOR, COLORADO, whose address is 301
Walnut, Windsor, Colorado 80550, hereinafter referred to as "Windsor".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Windsor emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007, transmissions for Windsor were 30,491, which represents 4.47
percent(4.47 %) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Windsor shall make annual payments to the City of Greeley for the
CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Windsor's fair share of the costs for transmissions between the CommCenter and
Windsor's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Windsor in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
- 1 —
f 2s ''0O8
d oos'- /(°9I
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Windsor from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Windsor to offset the annual costs for
transmissions between the CommCenter and Windsor's emergency services vehicles.
3. 2009 PAYMENT BY WINDSOR: Windsor agrees to pay to the City of Greeley, on or
before February 1, 2009, the amount of$4,842.12 for calendar year 2009, representing
Windsor's fair share of the costs for transmissions between the CommCenter and
Windsor's emergency services vehicles. Calculation for the 2009 payment is described
as follows:
a. For 2007, the number of transmissions between the CommCenter and Windsor's
emergency services vehicles was 30,491. This represented 4.47 percent(4.47%)
of the total number of 682,175 transmissions handled by the CommCenter in
2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Windsor for 2009 is $4,842.12. This sum is calculated by multiplying
Windsor's 2007 percentage of total transmissions by the increase of costs for the
CommCenter from the base year of 2007 to the budgeted year of 2009. The
product is then reduced by $10,000, representing the amount of the yearly grant
from Weld County. Lastly, for 2009 only, the sum is then further reduced by two-
thirds (2/3) to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Windsor shall pay to
the City of Greeley, on or before February 1st of each year after 2009, Windsor's share of
the costs for transmissions between the CommCenter and Windsor's emergency services
vehicles, said payment to be calculated using the methodology set forth in Exhibit B,
attached hereto and incorporated herein.
- 2—
l(
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of hinds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
- 3 —
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
GL
Signed by the p ies the day of \1114 , 2008.
CITY OF GRE , COLORADO COUNTY OF WELD, COLORADO
„arm it :_
i os® n,.. By: "1---:77---6-
At ✓
i a or 'c William H. Jerke, Chairmain
�' ' u Board of County Commissioners
liiFitt SF :*` * r r' of the County of Weld JUL 3 0 2008
� A T: 4.e
� A w* k.) ATTEST: �L / `% )Y ,.1 y
- lerk Weld County Clerk to the : ..rd <i1w
,. 1861 �,�
� l
APP' OV G� ;�� • : - 7 RM: By: � !�/ .i � '��"� � il���-� a ��
By: Ii Deputy Clerk ► the'Boar
Ci to rney
APPRO E O S B TANCE: CITY OF N SORR,, CO.
By: By;
C' y ayor
AVAILABILITY OF FUNDS: ATTEST:2---2-- — •,- "
w
. i \ may" *
Director o in e own f e. ,,* �a f
- 4-
&c&-a69d
TOWN OF WINDSOR
RESOLUTION NO. 2008 - 72
BEING A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE INTERGOVERNMENTAL AGREEMENT FOR PUBLIC SAFETY
DISPATCH SERVICES BETWEEN AND AMONG THE TOWN OF WINDSOR,
COLORADO, THE CITY OF GREELEY, COLORADO, AND THE COUNTY OF
WELD, COLORADO
WHEREAS, for the protection of the public the Town of Windsor relies upon public
safety dispatch communications systems operated jointly by the County of Weld and the City of
Greeley "hereinafter, "CommCenter"); and
WHEREAS, the ongoing protection of the public requires the Town continue to rely upon
the CommCenter; and
WHEREAS, the operation of the CommCenter by the County of Weld and the City of
Greeley is governed by an Intergovernmental Agreement between them dated May 3, 1993, as.
amended; and
WHEREAS, it has been determined that the costs of operating the CommCenter have
reached the point where all entities benefited thereby should fairly share in the costs of its
operations; and
WHEREAS, the Town of Windsor's share of transmissions through the CommCenter
have been determined, and have been factored into a formula which, when applied to the overall
costs of operating the CommCenter, fairly depict the Town of Windsor's share of said operating
costs; and
WHEREAS, the Town's Chief of Police has reviewed the formula by which the County
of Weld and City of Greeley propose to allocate to the Town a share of the CommCenter's
operating costs; and
WHEREAS, the Town Attorney has reviewed the Intergovernmental Agreement for
Public Safety Dispatch Services (together with all exhibits), a copy of which is attached hereto
and incorporated herein by this reference; and
WHEREAS, the Town's Chief of Police and the Town Attorney have recommended that
the Town enter into the attached Intergovernmental Agreement for Public Safety Dispatch
Services, and authorize the Mayor to execute same on behalf of the Town.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE
TOWN OF WINDSOR, COLORADO, AS FOLLOWS:
1. The Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the attached Intergovernmental Agreement for Public Safety Dispatch Services
between and among the City of Greeley, Colorado, the County of Weld, Colorado, and the Town
of Windsor, Colorado.
2. The Town of Windsor hereby authorizes the Mayor to execute the attached
Intergovernmental Agreement, and directs the Town Clerk to attest thereto.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted
this 13th day of October, 2008.
TOWN OF INDSORRCOLORADO
By: fizot �
John S. Vazqua(yr
on
ATTEST: ell
F
O I
Town CId�1
.,SC4a....
2
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
THIS INTERGOVERNMENTAL AGREEMENT("IGA"), is made this ,3O-day of
%ud , 2008, by and between the CITY OF GREELEY,COLORADO,whose
address is 11000 10th Street,Greeley,Colorado 80631,and the COUNTY OF WELD,
COLORADO,whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center,hereinafter referred
to as"the CommCenter;"and the CITY OF JOHNSTOWN,COLORADO,whose address is
101 W. Charlotte,Johnstown, Colorado 80534,hereinafter referred to as"Johnstown".
WITNESSETH:
WHEREAS,the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services,and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a),C.R.S.,and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993,as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Johnstown emergency
services vehicles,a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS,since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis,and
WHEREAS, in 2007,transmissions for Johnstown were 15.624, which represents 2.29
percent(2.29%) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein,Johnstown shall make annual payments to the City of Greeley for
the CommCenter beginning in 2009 and continuing each year thereafter,said annual amount
representing Johnstown's fair share of the costs for transmissions between the CommCenter and
Johnstown's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Johnstown in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
- 1 -
625 2008
aoo8 ad9
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency,emergency services telephone call taking;
official business emergency services paging;CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Johnstown from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Johnstown to offset the annual costs for
transmissions between the CommCenter and Johnstown's emergency services vehicles.
3. 2009 PAYMENT BY JOHNSTOWN: Johnstown agrees to pay to the City of Greeley,
on or before February 1, 2009,the amount of$855.88 for calendar year 2009,
representing Johnstown's fair share of the costs for transmissions between the
CommCenter and Johnstown's emergency services vehicles. Calculation for the 2009
payment is described as follows:
a. For 2007,the number of transmissions between the CommCenter and
Johnstown's emergency services vehicles was 15,624. This represented 2.29
percent(2.29%)of the total number of 682,175 transmissions handled by the
CommCenter in 2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is$3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget,minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Johnstown for 2009 is$855.88. This sum is calculated by multiplying
Johnstown's 2007 percentage of total transmissions by the increase of costs for
the CommCenter from the base year of 2007 to the budgeted year of 2009. The
product is then reduced by$10,000,representing the amount of the yearly grant
from Weld County. Lastly, for 2009 only,the sum is then further reduced by two-
thirds (2/3)to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Johnstown shall pay
to the City of Greeley,on or before February 1s`of each year after 2009,Johnstown's
share of the costs for transmissions between the CommCenter and Johnstown's
emergency services vehicles, said payment to be calculated using the methodology set
forth in Exhibit B, attached hereto and incorporated herein.
-2-
6.25/2008 /O1
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement,shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed,all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement,and any renewals, into compliance with Article X, Section 20,of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder,to and until
December 31, 2009,and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
- 3 -
6'2522008 ( oz-
IN WITNESS WHEREOF,the parties hereto have signed their signatures on the date
first written above.
be
Signed by the p. r es the day of a7U h1 ,2008.
CITY OF G' _ I / OLORADO COUNTY OF WELD,COLORADO
®j1 O
I,
I
'a ° ° William H.Jerke, Chairmain
a r,3/46
d Board of County Commissioners
" y;rr 'j of the County of Weld
v,F . JUL
1TES I j�J /,'//l _
/I' I � ¶ "b
ATTEST:
w.;vy jerk Weld County Clerk to the Boa ,?"
1861 I,5i
cal
APPR• !ii ,A Sx r�Sv`�
'ORM: By: �!'si�L/. �rl js� eVi.
By: i�If a -----__ ' Deputy Cler/o the Board �ry�
Ci tti ley
APP' •V f I! :;1 .SCE: CITY OF JOHNSTOWN,C .
B ,: � ill By; Ce/��`
C y '
AVAILABILITY OF FUNDS: Atr '�•
'
By: _ l'
,
r da4Director of F. ce --o Clerk
-4-
6;25 2008
l�o0 aMt 7
•
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF COMMUNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May, 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions: of both the City and the County, and .
. WHEREAS. both parties desire to enter into an intergovernmental agreement
• so as to combine their communication dispatch centers, criminal records, and . .
criminal justice information systems for the purposes of economy, efficiency, and H.
• .:enhanced public safety services, and
WHEREAS. the City has submitted a proposal that the County has accepted,'- '•
and •
WHEREAS, this. . Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto.. And
WHEREAS, the City and the County are authorized to enter into this
Agreement, by virtue.of Section 29-1.203, C.R.S.; Article II, Section 2-3, Weld
County Home Rule Charter; and the City of Greeley Charter, Section 3-7.
•
NOW, THEREFORE, in consideration of the following mutual promises and
covenants, the .City and the County hereby.agree as follows:
•
•
1. Contract !Representatives: .City and County shell each designate, in
wrriting,..Gontract Representatives.to serve as contract managers and
spokespersons far the..res,pective entities. • :
2 Facllit es:i The County shall provide space in the building
Tenth'.;Street, at no cost to house the communications dispatch center`.. .:..:" •
• . .. .... ...
records area, and. centralized equipment;:far the criminal
information system. Said facility shall be,known as the Weld
Regional: 'Communications Center (hereinafter referred to . as. ..
. "Cente r").
3, Provision of Utilities to Facilities: The •County agrees to, provide
.
water;• sewer, gas, and electricity •for the. :Center at no charge to.;..
the City.. The County will Provide budget for current level. of
• 'County telephone service and City will provide budget for City
telephone service. •
S/EXHIBIT 1
. . . .. . ....
.ymagI/ Li
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain, and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the .
combined Center at County cost. The County agrees to provide
interior janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
6. County-wide Emergency Service Dispatching Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire, and ambulance agencies specified i.n Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving
equipment, to facilitate the receipt.of E-911 calls, and to dispatch
appropriate emergency response agencies, per the policies and
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard calls after hours
to include all hours except Monday through Friday, 7:30 a.m. to 5:30 .
p.m., excepting County holidays. During after hour coverage, the.
City will page on-call County and court employees as required. The.... .
County shall pay for and maintain the County PBX.. system.
7. Criminal Justice Information Systems .The.City agrees to install and
maintain a criminal justice information system indiuding a computer.:,::.
aided dispatch, records management system, jail automated system,
and case information system for the District Attorney. The system
to be installed is the Tiburon system, Option B, more fully
described in Exhibit B. The system and equipment shall be licensed
in the name of the City.
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
8. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff. including,
but not limited to, automated dictation system, incident reporting,
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws, which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld County E-911
Board per the by-laws of said board, which are attached as Exhibit
D.
11. Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
The City agrees to maintain all records and data.pertaining to the
. ..... .. :... . .
performance of radio maintenance. The County shall provide and
maintain existing computer program known as the "Radio Network
Management' system at no cost to the City to assist in rn.inagement of
radio network.
12. Licensing and Compliance with .Applicable Laws: The City shall
Maintain all current FCC licenses for all radio frequencies in the
County radio system in the name of Weld County.y
The City agrees to comply with all applicable federal, state,
County, and local laws, rules, regulations, ordinances, orders, and
decrees in effect at the time of execution of.this_ Agreement. The
parties agree that later-enacted laws, rules,. regulations,
ordinances, orders, and decrees may require modification of this
Agreement. The City agrees to indemnify, defend, and hold harmless
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County, by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws. rules.
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
14. Employment Status.: It is expressly agreed and understood the City
is in all respects an independent contractor as to the Work and that
the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be , eligible for County benefits. This Agreement
.'.specifies the nature and extent of the work to be done by the City,
but the method utilized to accomplish the work shall be the
responsibility Of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the County. City assumes no liability for County employees
working in the Center.
15, . Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
involved in providing County services herein. No contreet shall,
under any circumstances, relieve the.. City of its: liability and
obligation under this Agreement; and despite such contracting, the
County shall deal through the City, and contractors, will be dealt
with as workers and representatives of the. Contractor. The City may
not contract emergency service dispatching services without County
approval.
16....: Non-Liability: The City and the County agree that in no event shall
either the County or the City be liable or responsible: to each
other, or to other persons due to any stoppage or delay : in work
herein provided for, where such stoppages or delays result from acts
of God, fire, war, legal, or equitable proceeding, or any other
cause which is outside the control of the City or the County.
17: Hours of Operation by City of Center: The Center shall be
operational every: day of the year, twenty-four hours per day.
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•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE S
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement is
satisfactorily completed.
The County agrees. that the City shall have the sole right to select
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge 'of••the
Center as the County's Director of Communications, but such-person
shall sign a waiver of County employment rights and henefits..prior
to starting the employment. The City shall. supervise County..,staf.f
yin. the Center until October 1, 1993, via the Communications
. Director, or until County employment is terminated.
•
•
. The: City agrees to consider for employment current commun.i,.catiOfl and
records staff interested in being hired by the City. Eligibi:tity
for hiring of employees by the City shall be based solely upon the
city's testing and selection process. No current county empieiree is
guaranteed a position with the City.
•
• The City's employees shall not claim any County right or benefit as
a.condition of their employment in the performance of this contract.
•
The County hereby 'represents to the Contractor that pre?existing
County benefit plans for County employees involved in communications
and records activities will terminate prior to their employment by
the City, and the City will have no liability or obligation: of. any
kind for any such benefit plan except the County agrees..to _pay off
appropriate vacation and sick leave compensable balances to the
employee or at the employee's written option, payment will be:made
to ._the. City. and _corresponding leave c.redit.:wi•ll be granted to..the;
employee as a _C_'ty employee in lieu of payment.
The City's employee"benefit programs shall be used for the City's
employees. Any:' .employment transition benefits froam`::.'County
• employment to.. tatty.employment shall be as agreed between the City
end County.. The:County shall have no liability or obligati.an.of..any
.
kind for any sum-.benefit plan.
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until December 31. 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of _its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually,
acceptable annual costs. A new cost shall be negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior,
to expiration.
20. Compensation: In consideration of the execution of this Agree:ent,,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until
October 1. 1993, any':0ltt-of-pocket costs of the City in relationship;:
to the operation of the Center Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill.
During the period of. October 1, 1993, to December 31, 1993, the
County shall pay for:operation of the Center a total of $169,844
paid in monthly installments of $56,614.66 and comprised of the.
following:
1. Upgrade Police Lieutenant to Captain $ 2,449:
1 . Upgrade Computer Systems Manager 2,02.9..
1 . Computer System's Analyst 11,290::
1 . .Radio Technician : . 1.1.250:
10 Dispatchers at PD (top pay) 85,839
4 Data Entry Clerks (top pay) • .26,727!.
Radio Maintenance 20,:750.
Tower Rental 2100
Utilities 825
Phones 6R 625
Total Costs A189 $44
I
1l�
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1, 1994, to December 31, 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75,364.33 and comprised of the following:
1 Upgrade Police Lieutenant to Captain $ 9,793
1 Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45,000
1 Radio Technician 45,000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks (top pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200,000
Radio Upgrades 25,000
Tower Rental 8.400
Utilities 3,300
Phones 26,500
Total Cost $904,372.
County shall receive any cost reimbursement from user agencies for
radio repair or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc., shall be
paid by the user.
The County shall pay any and all costs of acquiring and installing
the criminal justice information system per attached Exhibit B.
The City shall pay ell outside vendor costs above and bill the
county monthly. For purposes of Section 20 of Article X of the
Colorado Constitution.. revenue and expenditure limits of ;.this..
contract shall be considered expenses of Weld County only and not
the City's. The amount paid by the County to the City shall;.:be
abatement of City expenses and not revenues.
The City shall hill the County monthly as of the first of the month
for the above costs. All billings by the City to the County shall.
be paid.within 30 days by the County unless the County notified the
City in writing of any disputed amount.
/i
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications and/or Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
Within ten (10) working days of receipt of such notice, the City
shall correct or take reasonable steps to correct the deficiencies
complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
in performing services pursuant to this Agreement. If the City
fails to correct or take reasonable steps to correct the.
deficiencies within ten (10) working days, the County may declare
the City in default and terminate this Agreement upon eighteen
months' notice prior to termination.
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the
City and the County.
24. Notice: Any written notice to be given hereunder by either party to
the other party shall be affected by certified mail, return receipt
requested:. Notice to the City shall be sufficient if made or
addressed to the Greeley City Manager, 1000 Tenth Street, Greeley,.
Colorado, 80631. Notice to the County shall be sufficient if made
or addressed to the Board of County Commissioners of Weld County,
915 Tenth Street, Greeley. Colorado, 80.631... Either party may change
the address for notice to it by giving written notice of such change
in accordance with the provisions of this section..
25. Entire Agreement: This Agreement and the attached Exhibits
constitute the entire Agreement between the City and the County, and ..
neither the City nor the County shall be bound by any requirement
which is not specifically stated in this Agreement.
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•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of Immunity/Third Party Liability: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County to expend
funds not otherwise appropriated in each succeeding year.
28. Severability: If any section, subsection, paragraph, sentence,
clause or phrase of this Agreement is for any reason held or decided
to be invalid or unconstitutional, such a .decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
section, subsection, paragra ph. sentence, clause, and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado.
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and in accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
.31. Ownership: The City shall have ownership of all computer hardware,..
software, and equipment acquired for purposes of the center from. .
date of inception of this contract...' Ownership of jail management
and prosecution system of the criminal justice information system
shall transfer to the County from the City at time of termination of: ,._: .
this contract.
32.. Dispute Resolution: In the event of a dispute over service or
contract interpretation,: persons shall be
a panel of three
appointed. The City shall appoint one member, the County shall
appoint one member, and one member will be agreed upon by both City
and County to comprise the panel. The first step shall be a.
: a
IGA.AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 10
mediation process. If no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement this 3rd day of May, A.D.. 1993.
ATTEST: ATTEST: k/Lt, 7
By: .4,..f/ J \ By:
City :Cleyyc , uty Clerk to the Board
THE. CITY O 'GREELEY, COLORADO THE COUNTY OF WELD, COLORADO,
by •.and through the City by the through the Board of
Council of the City of Greeley County Commissioners of the
Coun of Weld
BY O4..t .104:1 �. BY - `-V r..L✓'
Mayor r1-� j Chairman Q$/e6/93_
APPROVED AS TO l erR l: % Y`tt'. APP D -AS TO FORM: ..
re77/1-V
BY 11i'( ' 4 By: {
City ey- ms,{l,� y Attorney
c10
APPROV D AS TO SURSTANC6: F-a APPROV AS TO. l BS A F:By: ?:1L y Plana er C.'t-7 A,�a �.r g County Finan -e Director
APPROVED APPROVED AS TO AVAILABILITY OF FUNDS:
By.: 01104.0-44)17"41
Finance Dired
/ a 3
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
1) 2008 individual law agency transmissions - 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
= adjusted annual total cost
3) individual agency percentage x adjusted annual total cost= subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
=agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period (i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget—2007 costs;
2012 payment calculation uses 2012 budget—2007 costs; etc.)
* The CommCenter budget will include infrastructure depreciation cost of$72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1/3) for 2010 only, and no
reduction for annual payments due thereafter.
Ain Ace?, a gn6
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
te
THIS INTERGOVERNMENTAL AGREEMENT("IGA"), is made this 30 —day of
Jul , 2008, by and between the CITY OF GREELEY, COLORADO, whose
address is'1 000 10`h Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as "the CommCenter;" and the CITY OF FT. LUPTON, COLORADO, whose address is
130 S. McKinley Ave., Fort Lupton, Colorado 80621, hereinafter referred to as "Ft. Lupton".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Ft. Lupton emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007, transmissions for Ft. Lupton were 32,676, which represents 4.79
percent (4.79%) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Ft. Lupton shall make annual payments to the City of Greeley for
the CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Ft. Lupton's fair share of the costs for transmissions between the CommCenter and
Ft. Lupton's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Ft. Lupton in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
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6?5 ?0U8
aoo8ae °
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Ft. Lupton from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Ft. Lupton to offset the annual costs for
transmissions between the CommCenter and Ft. Lupton's emergency services vehicles.
3. 2009 PAYMENT BY FT. LUPTON: Ft. Lupton agrees to pay to the City of Greeley,
on or before February 1, 2009, the amount of$5,427.97 for calendar year 2009,
representing Ft. Lupton's fair share of the costs for transmissions between the
CommCenter and Ft. Lupton's emergency services vehicles. Calculation for the 2009
payment is described as follows:
a. For 2007, the number of transmissions between the CommCenter and Ft.
Lupton's emergency services vehicles was 32 676. This represented 4.79 percent
(4.79%) of the total number of 682,175 transmissions handled by the
CommCenter in 2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Ft. Lupton for 2009 is $5,427.97. This sum is calculated by
multiplying Ft. Lupton's 2007 percentage of total transmissions by the increase of
costs for the CommCenter from the base year of 2007 to the budgeted year of
2009. The product is then reduced by $10,000, representing the amount of the
yearly grant from Weld County. Lastly, for 2009 only, the sum is then further
reduced by two-thirds (2/3) to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Ft. Lupton shall pay
to the City of Greeley, on or before February 1st of each year after 2009, Ft. Lupton's
share of the costs for transmissions between the CommCenter and Ft. Lupton's
emergency services vehicles, said payment to be calculated using the methodology set
forth in Exhibit B, attached hereto and incorporated herein.
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6 7"c l'008 r-,
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•
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
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O(_T'06,8 /r .✓f
I �
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
V--
Signed by the p.rties the S/rday of jug , 2008.
CITY OF GCE ;', COLORADO COUNTY OF WELD, COLORADO
N� ' €;r4 / \
orar ili4 By: �4Yiv
1 IM yoz William H. Jerke, Chairmain
1*I * sF ® � Board of County Commissioners
��A p iz °cit *7 rk` of the County of Weld
I 1. EST .
•@$,.,,, are- t ATTEST: MI
1 e ,,h,
City rk Weld County Clerk to the B d 7 : i
/ t 1'a' a l
AP' 'OV "� EG• FORM: B �� � � „�
By: •-."'—"� Deputy Cle��to t e Boar.'1/4..,—if i ✓
C ! ' orney
APPRO r E:F 'tIiIVITA
By;
Ci ( a;: Mayor
AV• LABILITY OF FUNDS: ATTEST:
By: ' /`1 By: to/eCa-C-Clo alDr-4-/
Director of ma. e ecti Tuwn Clerk
- 4-
o 1:'2008
a eri e
oJoe8- /
•
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF COMMUNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May, 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions of both the City and the County, and
WHEREAS, both patties desire to enter into an intergovernmental agreement •
so as to combine their communication dispatch centers, criminal records, and
criminal justice information systems for the purposes of economy, efficiency, and
enhanced public safety services, and
• WHEREAS, the City has submitted a proposal that. the County has accepted,
• and
WHEREAS, this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto, and
WHEREAS, the City and the County are authorized to enter into this
Agreement, by virtue of Section 29-1-203, C.R.S. ; Article II, Section 2-3, Weld
County Home Rule Charter; and the City of Greeley Charter, Section 3-7.
NOW, THEREFORE, in consideration of the following mutual promises and
covenants, the city and'the County hereby agree as follows:
•
•
1. Conteact.Representati,ves:.. ':City and County shall each designate,
writing, _Con'tract Representatives to serve as: contract managers and:'. ::_.::
spokespersons for the respective entities.. .
2. Facilf ti e: The County shall..provide spatce .1.n the building at
Tenth'_St.reet at no cost;to•hous.e.. the comnumicatio:ns dispatch center,i;.;
.
records area, and centralized equipment f0t the criminal justice
information system. Said' facility shall be known as the Weld County
Regional Communications' Center (hereinaf `r referred to as
"Center")
•
•
3. Provision-of Utilities tp Facilities;' Tire'C WIty..agrees to provide.
water, sewer, gas, and electricity for.,the c• enter at no charge:.ta_
the city. . , The County will •provide budget tar current
County telephone service and City will pt'ovide budget for C- ty
telephone service. jj
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f
•
•
IGA AGREEMENT FOR PROVISION OF
COMMtJNICA'f]ONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G Shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain, and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the
combined Center at County cost. The County agrees to provide
interior janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
G. County-wide Emergency Service Dispatching Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire, and ambulance agencies specified in Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving
equipment, to facilitate the receipt of E-911 calls, and to dispatch
appropriate emergency response agencies, per the policies and
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard. calls after hours
to include all hours except Monday through Frida 7.30 a.m. to 5:30 ..
p.m., excepting County .holidays. During after hour coverage, the• {,..:
City will page on-call County and court employees as required. The .`
County shall pay for and maintain the County PDX system.
7. Criminal Justice. Information_S stem: The City agrees to install and
maintain a criminal Justicein.forMation system including a computer- .:
aided dispatch, records Management system, jail: automated system,
and case information system for the District Attorney. The system
to. be Installed is the 'tiburon system, Option B, more fully :'.
described In Exhibit D. The system and equipment shall be licensed
in the name of the City:
•
•
•
ICA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
8. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff, including,
but not limited to, automated dictation system, incident reporting,
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory . Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws, which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld County E-911
Board per the by-laws of said board, which are attached as Exhibit.
D.
11. Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
The City agrees to maintain all records and data pertaining to the
performance of radio maintenance. The County shall provide and
existing computer
maintain program known as the "Radio Network
Management" system at no cost to the City to assist in management of
radio network,.
: °: :12. Licensing and Compliance :with .Applicable Laws: The City shall
maintain all current FCC l ceases for all radio frequencies in the
:, : County radio system in the name of Weld County..
The City:: agrees to comply with all applicable federal, state,
county, and local laws, rules.
= Y, , regulations, ordinances, orders, and.
decrees' in effect at the time of execution of this Agreement. The
parties agree that later-enacted laws, rules, regulations,
ordinances 4.. orders, and decrees May require modification of this
Agreement. The City agrees to indemnify, defend, and hold harmless
•
1
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS. AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County. by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws, rules,
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
14. Employment Status: It is expressly agreed and understood the City
is in all respects an independent contractor as to the work and that
the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be eligible for County benefits. This Agreement.
specifies the nature and extent of the work to be done by the City.
but the method utilized to accomplish the work shall be the
responsibility of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the county. . City assumes no liability for County employees
working in the Center.
15. ..: Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
involved in providing County services herein. No contract shall.
under any circumstances, relieve the City of its liability and
obligation under this Agreement; and despite such contrasting, the
County shall deal through the City, and contractors, will be dealt
with as workers and representatives of the Contractor:. The City may
not contract emergency service dispatching services .without County
approval.
16. Non-Liability: The City and the County agree that in no event shall
' either the e County or the City be .liable or responsible to each
other, or to other persons due to any stoppage or .delay in work
herein provided for, where such stoppages or delays result from acts
of God. fire, tai, legal, or equitable proceeding, or any other
cause which is outside the control of the City o'r the -County.
17. Hours of Operation by city of:... Cen.ter:: The Center shall be
operational every day of the year, twenty--four hours per day.
•
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 5
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement i.s
satisfactorily completed.
The County agrees that the City shall have the sole right to select.
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge of the
Center as the County's Director of Communications, but such person
shall sign a waiver of County employment rights and benefits prior
to starting the. employment. The City shall supervise County staff
in the Center until October 1, 1993, via the Communications
Director. or until County employment is terminated.
The City agrees to consider for employment current communication and
records staff interested in being hired by the City. Eligibility
for hiring of employees by the City shall be based solely upon the
City's testing and selection process. No current county employee is
guaranteed a position with the City.
The City's employees shall not claim any County right or benefit as
a condition of their employment in the performance of this contract.
,7'he County hereby represents to the Cotttr,actor that pre-existing
County benefit plans for County employees`involved in communications
and records activities will terminate prior to their employment by
fhe City, and the City will have no liability or obligation of any
kind for any such benefit plan except the;County agrees to gay off
appropriate vacation and sick leave compensable balances to the
,4aiployee or at the employee's written option, payment will.;he made
to the City .and corresponding leave credit will. be granted to,the.
employee as a City employee in lieu of payment.
The City's
y employee bene f i t programs shall- be used for the _Gi.ty's
. .employees.
Any:, employment transition benefiC.s from County
employment to City employment shall be as agreed and Count .
between the. City.
County. �h�'County shall have no liability or obligation Of any •
kind for any such benefit plan.
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until December 31, 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually
acceptable annual costs. A new cost shall he negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior
to expiration.
20. Compensation: In consideration of the execution of this Agreement,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until .
October 1, 1993, any out-of-pocket costs of the City in relationObip
• to the operation of the. Center. Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill. .
During the period of October 1, 1993, to December 31, 1993, the
County shall pay for operation of the Center a total of $169,844
paid in monthly installments of $56,614.66 and comprised of the
following:
.. I Upgrade. Police Lieutenant to Captain $ 2,449.
• 1 Upgrade Computer Systems Manager . :2:.0029
1 Computer System's Analyst 1�:i; 5Q�... .
•
3: Radio Technician . i1rZ5Q :
O Dispatchers, at.PD (top pay) 85;839
4 ' Data Entry Clerks.. (top PaY) g:6,7,27
Radio Maintenance: • . 20 .750. •
. Tower Rental. : ., • ,I0o
. Utilities 812'5' .
. Phones
6,.6x5 •
Total Costs ,06 9.04,
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1. 1994, to December 31, 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75,364.33 and comprised of the following:
I Upgrade Police Lieutenant to Captain $ 9,793
1 Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45,000
1 Radio Technician 45,000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks ( :op pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200,000 .
Radio Upgrades 25,000
Tower Rental 8,400
Utilities 3,300
Phones 26, 500.
Total Cost $904,372
County shall receive any cost reimbursement from user agencies for
radio repair or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc.. shall be
paid by the user.
The County shall pay any and all costs of acquiring and installing
the .criminal justice information system per attached Exhibit BA
The City shall pay all ..outside vendor costs above and bill the
county hl monthly. For purposes of Section 2o of Article:X.:of the
Colorado Constitution;:: revenue and exp,enditnre, limits of this
Contract shall be Considered expenses of Weld County only and not
the City's.. The amount paid by the County to the. City shall be an
atetement of City expenses and not revenues.
The City shall bill the County monthly as of the first of the month.
foft. the above costs,, all billings by the. City to the..0ounty shall.
be paid within 30days by the County unless the County.noti.fted the
City in writing of any disputed amount. •
•
........ . .
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications and/or Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
• Within ten (10) working days of receipt of such notice, the City
• shall correct or take reasonable steps to correct the deficiencies
• complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
In performing services pursuant to this Agreement. If the City
• fails to correct or take reasonable steps to correct the
deficiencies within ten (10) working days, the County may declare
the City in default and terminate this Agreement upon eighteen
• months' notice prior to• termination. • •
•
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the .
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the •
City and the County.
•
24. Notice.: Any written notice:to be given hereunder by either party .to.
the other party shall be affected by certified•Mail:, return receipt
requested. Notice to the: City shall be sufficient if made .or.
addressed to the Greeley :City .Manager. 100.0_TetithStreet, Greeley.,
Colorado:, .80631. Notice :to the County shall,:be, sufficient if
or addressed to the Board .of:.County Conmm.iss3,Oners of Weld County`,
915 T.e. .StreetGreeley, Color=ado. 80631. Either
_ ....... .. , y party nta ch ..,:` .
the address for notice to:'it by giving wri:tten-notice .of such eh:a -e-
in accordance with the provisions of this.section.:.
25:
$Yttre.. Agretatent: . 'i' i.s Agreement and the attached Elcttiab: t .;: ..
constitute the entire Agreement between the:Cit :.and the Count: .: :ai)if
neither :the City ner.:the County shall be.bo d by any requirement
which is not specifically stated in this Agrammene.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of Immunity/Third Party Liability: Nc portion of this
Agreement shall be deemed t.o constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not.
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County t.o expend
funds not otherwise appropriated in each succeeding year.
28. Severability:. If any section, subsection, paragraph, sentence,
clause or phrase of this Agreement is for any reason held or decided
to be invalid or unconstitutional, such a decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
section, subsection, paragraph, sentence, clause, and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado.
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and in accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
33. Ownership: The City shall have ownership of all computer hardware,
software, and equipment.atqusired for purposes of the center from"..
date of inception of this contract. Ownership of .jail management: : :.
and prosecution system of the criminal justice information system
shall transfer to the County .from. the City at time of termination of
this contract.
•
32. Dispute Resolution: In the event of a dispute over service or . . .
contract interpretation, a panel of three . .Persons shall
appointed. The City shall":a
pgoint one mer, :ahe County shah: . = .
appoint one member, .and one member will be agreed upon by both City
and County to comprise the panel. The first step shall be a
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 10
mediation process. If no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
•
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement. this 3rd day of May, A.D.. 1993.
ATTEST: ATTEST: I/#1711447
7iQ
f
BY: 4. /Z-i., .i_t ..._,1 e..�;.r y.` By: 1
City Cle r epity Clerk to the Board ,
THE CITY• O .�CREELEY, COLORADO TEE COUNTY OF WELD, COLORADO.
by and through the City by the through the Board.of
Council of the City of Greeley County Commissioners of the
Count of Weld
BY ,,U.~ By i}2!i reve0(/)/.. . "--44
Mayor Chairman d5/65h3
ONGb
APPROVED AS TO hail'.: q4.1-144-4,4i. APPI OWED-eAS TO FORM: .-
8 (2.
3" . dliik By: ./1-�,.,�+...c
Cil.q. A to er(Y1 C .ty Attorney ' `�—.,
0
APPROV D AS TO SUBSTANCE: F'o APPROV AS TA. S BS A '
f
Ir
By �iS •By; ,,l----
_I•t• tlana er C.:r e Al
` C way Final e Director
Aviikitoyp AS TO AVAILABILITY OF FUNDS:
' , Eta� --
F'rnance Dire
.:is
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
1) 2008 individual law agency transmissions_ 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
=adjusted annual total cost
3) individual agency percentage x adjusted annual total cost= subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
=agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period(i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget—2007 costs;
2012 payment calculation uses 2012 budget-2007 costs; etc.)
* The CommCenter budget will include infrastructure depreciation cost of$72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1/3) for 2010 only, and no
reduction for annual payments due thereafter.
J2
•
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this 3O -day of
4�U/ , 2008, by and between the CITY OF GREELEY, COLORADO, whose
address is 1000 10th Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as "the CommCenter;" and the CITY OF FREDERICK, COLORADO, whose address is
401 Locust St., Frederick, Colorado 80530, hereinafter referred to as "Frederick".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Frederick emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007, transmissions for Frederick were 22,267, which represents 3.26
percent(3.26%) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Frederick shall make annual payments to the City of Greeley for the
CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Frederick's fair share of the costs for transmissions between the CommCenter and
Frederick's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Frederick in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
- 1 —
(.,75,m(Hls
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Frederick from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Frederick to offset the annual costs for
transmissions between the CommCenter and Frederick's emergency services vehicles.
3. 2009 PAYMENT BY FREDERICK: Frederick agrees to pay to the City of Greeley, on
or before February 1, 2009, the amount of$2,637.04 for calendar year 2009, representing
Frederick's fair share of the costs for transmissions between the CommCenter and
Frederick's emergency services vehicles. Calculation for the 2009 payment is described
as follows:
a. For 2007, the number of transmissions between the CommCenter and Frederick's
emergency services vehicles was 22,267. This represented 3.26 percent (3.26%)
of the total number of 682,175 transmissions handled by the CommCenter in
2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Frederick for 2009 is $2,637.04. This sum is calculated by
multiplying Frederick's 2007 percentage of total transmissions by the increase of
costs for the CommCenter from the base year of 2007 to the budgeted year of
2009. The product is then reduced by $10,000, representing the amount of the
yearly grant from Weld County. Lastly, for 2009 only, the sum is then further
reduced by two-thirds (2/3)to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Frederick shall pay
to the City of Greeley, on or before February 1s`of each year after 2009, Frederick's
share of the costs for transmissions between the CommCenter and Frederick's emergency
services vehicles, said payment to be calculated using the methodology set forth in
Exhibit B, attached hereto and incorporated herein.
- 2— o q
c a
(� l
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary,the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
- 3 -
6,25 3008 7.00
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
Signed by the p rties the day of ji1/y , 2008.
CITY OF G , COLORADO COUNTY OF WELD, COLORADO
Il
By: �!yZ-L--,
J*/ ayor- William H. Jerke, Chairmain
* 5E , Board of County Commissioners
.ti 41. *4., of the County of Weld i 8
` ®, r�� iss LE '
ATTEST:
City Ierk Weld County Clerk to the r }° '.,a i
; cc, T fr-
APP OV. I�..�j: • I EGA ORM: By: Z/r.d !�ri� i��s"r�"..
By: 4/4 ...---------- Deputy Cler : o the Boar:%�'�
C tnrney
APP VE O S NCE: CITY ►.'ERIC , CO.
By. By;
C ty e Mayor
A LABILITY OF FUNDS: ATTEST:
By: By:
Director of in ce Town Clerk
c .s ,--'el:i„
a �d `1
-4 -
e 2 51008 /0
aoot-dos,
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION Of COMG1IJNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May, 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions of both the City and the County, and
WHEREAS, both parties desire to enter into an intergovernmental agreement
sous to combine their communication dispatch centers, criminal records, and
criminal justice information systems for the purposes of economy, efficiency, and
enhanced public safety services, and
WHEREAS, the City has submitted a proposal that the County has accepted.
and
WHEREAS, this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto, and
WHEREAS, the City and the County are authorized to enter into this
Agreement, by virtue of Section 29-1-203, C.R.S. ; Article II, Section 2-3, Weld
County Home Rule Charter; and the City of Greeley Charter, Section 3-7.
NOW, THEREFORE, in consideration of the following mutual promises and.
covenants, the City and the County hereby agree as follows:
1. Contract Representatives: City and County shall each designate, in
tdriting+c Contract Representatives to serve as contract managers and
spokespersons for the respective entities.
2. Facilitiess. The County shall provide space in the building at 915'
Tenth Street at no cost to house the communications dispatch Center; .,
records area, and centralized equipment for the criminal justice=.:`.
information system. Said facility shall be known as the Weld County
Regional Communications Center (hereinafter referred to :as',.:. .,
'Center").
3. Frovision of Utilities to Facilities: The County agrees to provide
water, sewer, gas, and electricity for the Center at no charge to
the. City. The. County will provide budget: for current Level:::of.
County telephone service and City will provide budget for;:Cty
telephone service.
5/
qa 3O' 444
.... .:.......
I
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain, and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the
combined Center at County cost. The County agrees to provide
interior janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
G. County-wide Emergency Service Dispatching Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire, and ambulance agencies specified in Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving
equipment, to facilitate the receipt of E-911 calls. and to dispatch
appropriate emergency response agencies, per the policies and
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard calls after hours
to include all hours except Monday through Friday, 7:30 a.m. to 5:30
p.m. , excepting County holidays. During. after .hour coverage, the.
City
will page on-call County and court employees as required., The
County shall pay for and maintain the County PBX system.
7.
Criminal Justice Information System: The City agrees to install, and::
Maintain a criminal justice information system including a computer-
aided dispatch, records management system, jail automated system,
and case information system for the District Attorney. The system
to....be installed is the Tiburon system, Option B, more fully!,
described in Exhibit B. The system and equipment shall be licensed
#n the name of the City.
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
8. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff, including,
but not limited to, automated dictation system, incident reporting,
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws, which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld County E-911
Board per the by-laws of said board, which are attached as. Exhibit
D.
11. . Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
The City agrees to maintain all records and data pertaining to the
performance of radio maintenance. The County shall provide and
maintain existing computer program known as the' ° "ttadio Network
Management" system at no cost to the City to assist in management of
radio network.
1,2.E Licensing and Compliance with Applicable Laws: The City shall
maintain all current FCC licenses for all radio frequencies in the
County radio system in the name of Weld County.
The City agrees to comply with all applicable federals state,
county, and local laws, rules, regulations, ordinances. orders, and
decrees in effect at the time of execution of this Agreement: The
Parties agree that later-enacted laws, rules, regulations,
rt gr . _ a
ordinances, orders, and decrees may require modification of This
Agreement. The City agrees to indemnify, defend, and hold harmless.._..
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County, by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws, rules.
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
14. Employment Status: It is expressly agreed and understood the City
is in all respects an independent contractor as to the work and that
the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be eligible for County benefits. This Agreement
specifies the nature and extent of the work to be done by the City,
but the method utilized to accomplish the work shall be the
responsibility of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the County. City assumes no liability for County employees
working in the Center.
15. Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
involved in providing County services herein. No contract shall,
under any circumstances, relieve the City of its liability and
obligation under this Agreement; and despite such contracting, the
County shall deal through the City, and contractors, will be dealt
with as workers and representatives of the Contractor. The City may
not contract emergency service dispatching services without County
approval.
16. Non-liability: The City and the County agree that in no event shall
either the County or the City be liable or responsible to .each
other,. or to other persons due to any stoppage or delay in work
herein provided for where such stoppages PP?g®s or delays reStlt from acts
of God. fire, war. legal. or equitable proceeding, ot any other
cause which is outside the control of the City or the County.
17. Hours of Operation by City of: Center: The Center shall be
operational every day of the year. twenty-four hours per day.
1 l�
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 5
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement is
satisfactorily completed.
The County agrees that the City shall have the sole right to select
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge of the
Center as the County's Director of Communications, but such person
shall sign a waiver of County employment rights and benefits .prior
to starting the employment. The City shall supervise County staff
in the. Center until October 1, 1993, via the Communications
Director, or until County employment is terminated.
The City agrees to consider for employment current communication and
records staff interested in being hired by the City. Eligibility
for hiring of employees by the City shall be based solely upon the
City's testing and selection process. No current county employee is
guaranteed a position with the City.
The City's employees shall not claim any County right or benefit as
a condition of their employment in the performance of this contract.
The County hereby represents to the Contractor that pre-existing
County benefit plans for County employees involved in communications
and records. activities will terminate prior to their employment: by
the City. and.:the City will have no liability or obligation of any
kind for any. such 'benefit plan except the County agrees to ;pay off
appropriate vacation and sick leave compensable balances to the
employee or at.: the:..employee's written option, payment will he made
to the City .and .Corresponding leave credit will. .be. granted. ;ta::,the
employee as a City employee in lieu of payment.
The City's loyee benefit ra rams. shall be used for: the City's
Y mp : P gy
:..
employees. Any employment transition benefits from County
• employment to City employment shall be as agreed between the City
alyd County. The County shall have no liability or obligation ot any .
• kind for any such benefit plan,
•
r„
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until December 31. 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually
acceptable annual costs. A new cost shall be negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior
to expiration.
20. Compensation: In consideration of the execution of this Agreement,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until.
October 1, 1993, any out-of-pocket costs of the City in relationship
to the operation of the Center. Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill.
During the period of October 1, 1993, to December 31, 1993, the
County shall pay for operation of the Center a total of $169,844
paid in monthly installments of $56,614.66 and comprised of the
following:
1 Upgrade Police Lieutenant to Captain $ 2,449
1 Upgrade Computer Systems Manager 2,029
1 Computer System's Analyst 11,250
1 Radio Technician 11.250 .
10 Dispatchers a.t: PD (top pay) 85,839
4 Data Entry Clerks (top pay) 26,727
Radio Maintenance 20,750
Tower Rental .. 2,.100.
Utilities 825
Phones 6,625
Total Costs $169,844
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS. AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1, 1994, to December 31, 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75,364.33 and comprised of the following:
1 Upgrade Police Lieutenant to Captain $ 9,793
I Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45,000
1 Radio Technician 45,000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks (top pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200,000
Radio Upgrades 25,000
Tower Rental 8,400
Utilities 3,300
Phones 26,500
Total Cost $904,372
County shall receive any cost reimbursement from user agencies for
radio repair or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc., shall be
paid by the user.
•
The County shall pay any and all costs of acquiring and installing
the criminal justice information system per attached Exhibit B.
The City shall pay all . outside vendor costs above and bill the
county monthly. For purposes of Section 20 of Article' X of the
Colorado Constitution, revenue and expenditure limit .s..o.f this
contract shall be considered expenses of Weld County only and not
the City's. The amount paid by the County to the City shall be an
abatement of City expenses and not revenues.
The City shall bill. the County monthly as of the first of the month
for the above costs. All billings by.the City to the County shall
be paid within 30 days by the County unless the County notified the
City in writing of any disputed amount.
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, ANI)
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications andjor Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
Within ten (10) working days of receipt of such notice, the City
shall correct or take reasonable steps to correct the deficiencies
complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
in performing services pursuant to this Agreement. If the City
fails to correct or take reasonable steps to correct the
deficiencies within ten (10) working days, the County may declare
•
• the City in default and terminate this Agreement upon eighteen
months' notice prior to termination.
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the
•
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the
City and the County.
• 24. Notice.: Any written notice to be given hereunder by either party to
the other party shall be affected by certified mail, return receipt
requested. Notice to the City shall be sufficient if made or
addressed to the Greeley City Manager, 10O0 Tenth Street, Greeley,
Colorado, 80631.. Notice to the County shall be sufficient if made
Or addressed to the Board of County Commissioners of Weld County,
915 Tenth Street, Greeley, Colorado, 8063.1. Either party
may-change .
the address for notice to it by giving written notice of such change
in accordance with the provisions of this section.
25. Entire Agreement: This Agreement and the attached Exhibits
,constitute the entire Agreement between the City and the County,. and
• neither the City nor the County shall be: bound by any requirement •
which is not specifically stated in this Agreement.
•
•
•
i.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of immunity/Third Party Liability: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County to expend
funds not otherwise appropriated in each succeeding year.
28. Severability: If any section, subsection, paragraph, sentence,
• • clause or phrase of this Agreement is for any reason held or decided
to be invalid or unconstitutional, such a decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
•
section, subsection, paragraph, sentence, clause, and phrase
thereof. irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado.
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and in accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
31. Ownership: The City shall have ownership of all computer hardware,
software, and equipment acquired for purposes of the center from
date of inception of this contract. Ownership of jail management
and prosecution system of the criminal justice information system_
shall transfer to the County from the City- at time -of termination of
this contract.
32. Dispute Resolution: In the event of a dispute over service or .
contract interpretation, a panel of three persons shall, be
appointed. The City shall appoint one member, the County shall_
appoint one member, and one member will be agreed upon by both .C:i:ty
and County to comprise the panel. Thefirst step shall be a
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 10
mediation process. If no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement this 3rd day of May, A.D., 1993.
ATTEST: ATTEST: Atidgar
By: • .rS -k-• d IL" By: /
City Cle r puty Clerk to the Board
THE CITY O /GREELEY. COLORADO THE COUNTY OF WELD, COLORADO.
by and through the City by the through the Board of
Council of the City of Greeley County Commissioners of the
Coun / of Weld
By: lCkv U.� (?C^' By
Mayor Chairman Q5 65/9,3
alb
APPROVED AS TO l eftR: `au 4-44,-.ti, APPROVED-AS To FORM:- r-7/:%*7
&51-By(264/1/ By:J),1 �,-,1t!:r.n. c
City mAaat:terrru. G t(y Attorney
/
APPROV D AS TO SUBSTANCE: PO" APPROV AS TO S BS 1.
0A L
/(
/?By: 1U p03
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County Fi.nan e Director
APPROVED AS TO AVAILABILITY OF FUNDS:
BAley i
Finance Dire
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INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
1) 2008 individual law agency transmissions _ 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
= adjusted annual total cost
3) individual agency percentage x adjusted annual total cost= subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
=agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period (i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget—2007 costs;
2012 payment calculation uses 2012 budget— 2007 costs; etc.)
* The CommCenter budget will include infrastructure depreciation cost of$72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1/3) for 2010 only, and no
reduction for annual payments due thereafter.
/
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this s 1O day of
Q-11% , 2008, by and between the CITY OF GREELEY, COLORADO, whose
address is 1000 10th Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as"the CommCenter;" and the CITY OF FIRESTONE, COLORADO, whose address is
151 Grant Ave, Box 100, Firestone, Colorado 80520, hereinafter referred to as "Firestone".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Firestone emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007,transmissions for Firestone were 30,905, which represents 4.53
percent (4.53%) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Firestone shall make annual payments to the City of Greeley for the
CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Firestone's fair share of the costs for transmissions between the CommCenter and
Firestone's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Firestone in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
- 1 -
625 0(18
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Firestone from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Firestone to offset the annual costs for
transmissions between the CommCenter and Firestone's emergency services vehicles.
3. 2009 PAYMENT BY FIRESTONE: Firestone agrees to pay to the City of Greeley, on
or before February 1, 2009, the amount of$4,953.12 for calendar year 2009, representing
Firestone's fair share of the costs for transmissions between the CommCenter and
Firestone's emergency services vehicles. Calculation for the 2009 payment is described
as follows:
a. For 2007, the number of transmissions between the CommCenter and Firestone's
emergency services vehicles was 30,905. This represented 4.53 percent (4.53%)
of the total number of 682,175 transmissions handled by the CommCenter in
2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Firestone for 2009 is $4,953.12. This sum is calculated by
multiplying Firestone's 2007 percentage of total transmissions by the increase of
costs for the CommCenter from the base year of 2007 to the budgeted year of
2009. The product is then reduced by $10,000, representing the amount of the
yearly grant from Weld County. Lastly, for 2009 only, the sum is then further
reduced by two-thirds (2/3) to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Firestone shall pay
to the City of Greeley, on or before February 1st of each year after 2009, Firestone's share
of the costs for transmissions between the CommCenter and Firestone's emergency
services vehicles, said payment to be calculated using the methodology set forth in
Exhibit B, attached hereto and incorporated herein.
- 2 —
o 28 2008 c/5
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
- 3 -
6 25'2.008
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
72 Signed by the rties the,')/) ay of �u/y , 2008.
CITY OF GRE , COLORADO COUNTY OF WELD, COLORADO
»re
7.i�y� ♦ • A By: [.7 , 1 Q4--/
�� ,.'
4/ * s •ate William H. Jerke, Chairmain
m i( e � Board of County Commissioners
1\ t is ,r 4e *sl of the County of Weld JUL 3
-k
td, A . a Qk ATTEST: L '�etilj 4 '
Citglerk Weld County Clerk to the Bo s 4 t=ry '`q-,
AP'P OV ORM: Ll�/i/ i ►d ► r din,
By: i By: Deputy Cler,o the Board
Cis A irney
APP T I, S :STANCE: CITY OF FIRESTONE, CO.
By ISLE J By; L /
C ty ''•: I Mayor
�I
AVAILABILITY OF FUNDS: ATTEST:
By: / �� //,•*---12_ By: 1 i,
Director of Fi an own lerk
rf 3 40
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t. C:L'; G y
s
C�6�`�",mjy `� G
- 4—
6ii 1003 i 5
aoo8-ao9/
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF COISUNICATIONS, RECORDS,
AND CRIMINAL. JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May. 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions of both the City and the County, and
WHEREAS, both parties desire to enter into an intergovernmental agreement
so as to combine their communication dispatch centers, criminal records, and
criminal justice information systems for the purposes of economy, efficiency, and
enhanced public safety services, and
WHEREAS, the City has submitted a proposal that the County has accepted,
artd
WHEREAS, this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto, and
WHEREAS, the City and the County are authorized to enter into this
Agreement, by virtue of Section 29-1-203, G.R.S.; Article II, Section 2-3, Weld ::
County Home Rule Charter; and the City of Greeley Charter, Section 3-7.
NOW, THEREFORE, in consideration of the following mutual promises and
• `covenants, the City and the County hereby agree as follows;
. ....: ....
1. Contract Representatives: . City and County titan each designate, in
writing, Contract Ree reffiefl atives to serve as. contract managers and
• p t.:
. . ..._... ... spokespersons spottesperscins for the. .taapec;tive entities...
2. Facilities.: The The County shall provide space i,-u the building at 915
Tenth Street at no.:cost to house. the communications dispatch center,
records area, and centralized equipment for the criminal justice
information system. :.Said facility shall be known as the Weld County
Regionai. Gtnmunications Center (hereinafter referred to as
"Center").
•
re:7 : 3. p'.rovision of Utilities to Facilities: The County agrees to provide
water, sewer, gas, and electricity for the Center at ao charge to
the City:: `he. count will� ` ° y , ; y provide budget for current level of
County telephone service and City will provide budget for City
telephone service.
• #`;r' C`
..:.......:
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE TNF'ORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain. and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the
combined Center at County cost. The County agrees to provide
int.erior, janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
G. County-wide Emergency Service Dispatchirtg Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire. and ambulance agencies specified in Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving
equipment.. to facilitate the receipt of E-911 calls, and to dispatch
appropriate emergency response agencies, per the policies and.
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard calls after hours
to include all hours except'Monday through Friday, 7:30 a.m. to 5;3t;
p.m. , excepting County holidays. During after hour coverage. the
City will page on-call County and court employees as required. The
County shall pay for and maintain the County PBX system.
7. Criminal Justice.Information. $ pte0 The City agrees to install and
maintain a criminal justice-information system including a computer-
aided dispatch,
records..:.. ,..: t s. ste;e :,jail:...automated system, .:..; :.;..
and case information system. for .the District Attorney. The system.
to be installed: is the Tiburon system, Option B, more fully
described in Exhibit Bshall be e system- and e�i<, pnterit licensed'
in the name of the City.
T .
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
8. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff, including.
but not limited to, automated dictation system, incident reporting,
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws, which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld County E-911
Board per the by-laws of said board, which are attached as Exhibit
D.
11. Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
The City agrees to maintain all records and data pertaining to the
performance of radio maintenance. The County shall provide and
• • maintain existing computer program known as the *Nadi* Network
Management« system at to cost to the City to assist in management of • •
• radio network.
I .Licensing. and Compliance .With Applicable Laws: The City shall •
maintain all current FCC licenses for all radio frequencies in the '
• -.` County radio system in the uam►e. iif Weld County.
The City agrees to comply with all applicable federal, state,
county, and local laws, rules, regulations, or$i:Renees, orders, and
decrees in effect at the time of execution of is Agreement. The
' parties later-enacted laws, rides, regulations,, - .
agree that
ordinances,. orders, and decrees may requite'Modification of this
Agreement. The City agrees to indemnify, defend, and hold harmless.
.
•
1GA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County, by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws, rules,
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
14. Employment Status: It is expressly agreed and understood the City
is in all respects an independent contractor as to the work and that
the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be eligible for County benefits. This Agreement
specifies the nature and extent of the work to be done by the City,
but the method utilized to accomplish the work shall be the
responsibility of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the County. City assumes no liability for County employees
working in the Center.
15..: Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
•
involved in providing County services herein. No contract shall.
under any circumstances, relieve the City of its liability and
obligation under this Agreement; and despite such contracting, the
County shall deal through the City, and contractors, will be dealt
with as workers and representatives of the Contractor. The City may
not contract emergency service dispatching services without County
- approval.
16..._'.:: Non-Liability: The City and the COunty agree that in no event shall
either the County or the City be liable: or res sidle to each
other or to other
�: .
persons due ..,.,.. ,... ._ a .:delay..' in work
_. . in any stoppage...._..:r• herein provided for. where such stoppages or delays result from acts
of God, fire, war, legal. or equitable proceeding, ;:or any other
cause which is outside the control of the city at the County
. 17. . Hours. of Operation by City of Centers The Center shall be
operational everyday of the year. twenty-four hours par day:
• 4.
r ,
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL. JUSTICE INFORMATION SYSTEMS
PAGE 5
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement is
satisfactorily completed.
The County agrees that the City shall have the sole right to select
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge of the
Center as the County's Director of Communications, but such person
shall sign a waiver of County employment rights and benefits prior
to starting the. employment. The City shall supervise County staff
in the Center until October 1, 1993, via the Communications
Director, or until County employment is terminated.
The City agrees to consider for employment current communication and
records staff interested in being hired by the City. Eligibility
for hiring of employees by the City shall be based solely upon the
City's testing and selection process. No current county employee is
guaranteed a position with the City.
The City's employees shall not claim any County right or benefit as
a condition of their employment in the performance of this contract.
• The County hereby represents to the Contractor that pre-existing
County benefit plans for County employees involved in communications
and records activities will terminate priors too their employment by
the City. and the City will have no liability or obligation of any
<._1... .-kind for any such benefit plan except County agree* to pay off
•
• • appropriate vacation and sick leave',Cempentable balances to the
employee or at .the:
:... :.. employee's written: off►,'payment'Will be made
to .the.. : . r _..
and corresponding leave'- 1�it-x�i11. be:granted
•
employee as. a City employee in lieu ef'`pa t t.
The City's employee Benefit prograMO-rahall be use i for-,the.:City's
:.::..•.....:..... .. to ee `.:A#y :employment traris*t#Qii.. benefits from County
>:;' employment tt City employment sl all• be._:as agreed be en the s. City
and
,:_°• -:-:... :.: : . :, County. ;: .The County shall have n ,i o:ii��i� tsy or ci4�l:�$ao1.oE'afiY
find for any .such benefit plan. •
•
•
•
a
1.'
IGA AGREEMENT FOR PROVISION 01-
COMMUNICATIONS, RECORDS, ANI)
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until December 31. 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually
acceptable annual costs. A new cost shall be negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior
to expiration.
20. Compensation: In consideration of the execution of this Agreement,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until
October 1, 1993, any out-of-pocket costs of the City in relationship
to the operation of the Center. Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill.
During the period of October 1, 1993, to December 31, 1993, the
County shall pay for operation of the Center a total of $169.844
paid in monthly installments of S56,614.66 and comprised of the
following:
1 Upgrade Police Lieutenant to Captain $ 2,449
1 Upgrade Computer Systems Manager 2,029
1 Computer System's. Analyst 11,250
-1 Radio Technician . 11,250
10 Dispatchers at PD (top pay) $5,839.
4 Data Entry Clerks (top pay) .. . .26.7.27
Radio Maintenance . 20:75.0
Tower Rental 20,90
Utilities 625
Phones. . 6b
Total Costs ..
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS. RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1, 1994, to December 31, 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75,364.33 and comprised of the following:
1 Upgrade Police Lieutenant to Captain $ 9, 793
1 Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45,000
1 Radio Technician 45,000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks (top pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200,000
Radio Upgrades 25,000
Tower Rental 8,400
Utilities 3,300
Phones 26.500
Total Cost. $901372
County shall receive any cost reimbursement from user agencies for
radio repair or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc., shall be
paid by the user.
The County shall pay any and all costs of acquiring and installing
the criminal justice information system per attached Exhibit B.
The City shall pay all outside vendor costs above .and bill the.
county monthly.: for purposes of Section. 20 of Article .X of the
Colorado Constitution,;.: revenue and expenditure limits . of tifis.
Contract shall be considered expenses of weld County only and not
the City's, The amount paid by the County to the City °ehall be an.
abatement of City exp and not revenues.
The.City shall bill the County monthly as of the first of the month
fo the above costs. All billings by the City to the County shall
ha paid within 30 days by the County unless. the County notif£ed the
City in writing of any disputed amount.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS. AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PACE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications and/or Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
Within ten (10) working days of receipt of such notice, the City
shall correct or take reasonable steps to correct the deficiencies
complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
in performing services pursuant to this Agreement. If the City
tails to correct or take reasonable steps to correct the
deficiencies within ten (10) working days, the County may declare
the City in default and terminate this Agreement upon eighteen
months' notice prior to termination.
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the
City and the County.
24. Notice: Any written notice to be given hereunder by either party to
the other party shall be affected by certified mail., return receipt .
requested. Notice to the City shall be sufficient if made or. .
addressed to the Greeley City Manager, 100Q Tenth. Street. Greeley.,
Colorado, 6063.1. Notice to the County shall be sufficient if made..
or addressed to the Board..of County Commissioners of Weld County,
915 Tenth Street, Greeley, Colorado, 80631. Either party may. change.
the address for notice t4.itby giving written notice of such change
in accordance wit:h. the provisions of this section.
25. Entire Agreement: This . Agreement and, the attached Exhibits
constitute the entire Agreement between the City and the County, and
neither the City .nor the County shall be bound by any requirement
which is not specifically` stated in this Agreement.
•
•
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of Immunity/Third Party Liability: Nc portion of this
Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County to expend
funds not otherwise appropriated in each succeeding year.
28. Severability: If any section, subsection, paragraph, sentence,
clause or phrase of this Agreement Is for any reason held or decided
to by invalid or unconstitutional, such a decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
section, subsection, paragraph, sentence, clause, and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado.
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and in accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
31. Ownership: The City shall have ownership of all computer hardware,
software, and equipment acquired for purposes of the center from. . :':-
date of inception of this contract. Ownership of ail mane event..;;
and prosecution system of the criminal justice Information system
shall transfer to the County from the City at time of termination of
this contract.
32. Dispute Resolution:: In the event of a dispute over service or
contract interpretation. a panel of three persons shall
appointed. The City shall .
. . : appoint one member, the County shall-..
appoint one member and one member will be agreed upon by both City
and County to comprise the panel. The first step shall be e
!GA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 10
mediation process. If no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement this 3rd day of May, A.D., 1993.
ATTEST: ATTEST: 474j114 /(/✓L?
By: L�i11 f� fi��1` BY= l'-�. Cs
City Cleeik eputy Clerk Co the Board
THE CITY OFJCREELEY, COLORADO THE COUNTY OF WELD, COLORADO.
by and through the City by the through the Board of
Council of the City of Greeley County Commissioners of the
Cozen of weld
By
Mayor Chairman DS/05/93
6j
APPROVED AS TO Vaftfl: ci;u14-4-6-vs4-/: APPROVE�AS TO FORM:
By By:
City A*,i,a4eey- ..,,, C ty Attorney �3---.
0
el
APPROV D AS TO SUBSTANCE: F c4u41 APPROV AS TO. S B. A
By. By:
elly Manager C:t1 Y y}o cy Nnt .I inan e D rector
APPROVED AS TO AVAILABILITY OF FUNDS:
By:
A....254a*/
Finance Di re
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
1) 2008 individual law agency transmissions _ 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
=adjusted annual total cost
3) individual agency percentage x adjusted annual total cost = subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
=agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period(i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget—2007 costs;
2012 payment calculation uses 2012 budget—2007 costs; etc.)
* The CommCenter budget will include infrastructure depreciation cost of$72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1/3) for 2010 only, and no
reduction for annual payments due thereafter.
INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made this 30 — day of
, 2008, by and between the CITY OF GREELEY, COLORADO, whose
address ig 1000 10`h Street, Greeley, Colorado 80631, and the COUNTY OF WELD,
COLORADO, whose address is P.O. Box 758, 915 Tenth Street, Greeley, Colorado 80632,
collectively on behalf of the Weld County Regional Communications Center, hereinafter referred
to as"the CommCenter;" and the CITY OF DACONO, COLORADO, whose address is 512
Cherry St., Dacono, Colorado 80514, hereinafter referred to as "Dacono".
WITNESSETH:
WHEREAS, the parties hereto have the authority to enter into agreements for the
protection and preservation of the public health and as may be necessary for the acquisition of
equipment, for the provision of initial services, and for the operation of emergency service,
pursuant to Section 29-11-102(1)(a), C.R.S., and
WHEREAS, by and through a contract between the City of Greeley and Weld County
dated May 3, 1993, as amended ("CommCenter IGA"), the CommCenter provides public safety
dispatch services for Weld County public safety organizations, including Dacono emergency
services vehicles, a copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, since the CommCenter began providing such public safety dispatch
services in 1993, costs have risen to a level which must be shared among those entities with a
significant percentage of the total number of transmissions handled by the CommCenter on an
annual basis, and
WHEREAS, in 2007, transmissions for Dacono were 15,538,which represents 2.28
percent (2.28 %) of the total number of transmissions handled by the CommCenter in 2007, and
WHEREAS, pursuant to the terms of this Agreement and in accordance with the
calculations set forth herein, Dacono shall make annual payments to the City of Greeley for the
CommCenter beginning in 2009 and continuing each year thereafter, said annual amount
representing Dacono's fair share of the costs for transmissions between the CommCenter and
Dacono's emergency services vehicles.
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 COMMCENTER: CommCenter shall provide
public safety dispatch services for Dacono in accordance with the provisions of the
CommCenter IGA. Such services shall include the following: Communication services
- 1 -
6i25 2008
c9OO8 aO9,
available 24 hours per day, seven days per week to include 9-1-1 emergency telephone
call taking and services; non-emergency, emergency services telephone call taking;
official business emergency services paging; CCIC/NCIC clearances and warrants checks
when fields units are unable to do so because of operational concerns or lack of
equipment; and radio dispatching services. Any additional services desired to be
obtained by Dacono from CommCenter shall be the subject of a separate agreement.
2. YEARLY GRANT BY WELD COUNTY: Weld County agrees to pay the City of
Greeley a grant of$10,000 per year on behalf of Dacono to offset the annual costs for
transmissions between the CommCenter and Dacono's emergency services vehicles.
3. 2009 PAYMENT BY DACONO: Dacono agrees to pay to the City of Greeley, on or
before February 1, 2009, the amount of$832.82 for calendar year 2009, representing
Dacono's fair share of the costs for transmissions between the CommCenter and
Dacono's emergency services vehicles. Calculation for the 2009 payment is described as
follows:
a. For 2007, the number of transmissions between the CommCenter and Dacono's
emergency services vehicles was 15,538. This represented 2.28 percent(2.28%)
of the total number of 682,175 transmissions handled by the CommCenter in
2007.
b. The base year costs for the CommCenter shall be the 2007 actual costs, for a total
2007 cost of$3,424,980. The budgeted amount for 2009 is $3,973,708. Such
budgeted amount is defined as the anticipated operating costs of the CommCenter
as published in the City of Greeley Approved Budget, Greeley Police Department
Communications budget, minus City of Greeley and Weld County specific cost
items, plus non-cash contributions by the City of Greeley and Weld County
towards operations of the CommCenter, and includes an infrastructure
depreciation cost of$36,000 in 2009.
c. The cost to Dacono for 2009 is $832.82. This sum is calculated by multiplying
Dacono's 2007 percentage of total transmissions by the increase of costs for the
CommCenter from the base year of 2007 to the budgeted year of 2009. The
product is then reduced by $10,000, representing the amount of the yearly grant
from Weld County. Lastly, for 2009 only, the sum is then further reduced by two-
thirds (2/3)to arrive at the final 2009 cost.
4. 2010 PAYMENT AND ALL FUTURE ANNUAL PAYMENTS: Dacono shall pay to
the City of Greeley, on or before February ls`of each year after 2009, Dacono's share of
the costs for transmissions between the CommCenter and Dacono's emergency services
vehicles, said payment to be calculated using the methodology set forth in Exhibit B,
attached hereto and incorporated herein.
- 2 -
6/25 2008
g7
5. ANNUAL CALCULATIONS AND PAYMENTS TO BE MADE WITHOUT
AMENDMENT TO AGREEMENT: The Parties agree that the annual calculation
payments to be made pursuant to the terms of this Agreement, shall be made in
accordance with the formula and methodology stated in this Agreement and that the
Parties agree that said annual calculations and amounts as calculated shall not constitute
an amendment to this Agreement. The Parties hereto agree that the annual calculations
and payment of amounts due shall be administratively performed, all without requiring
the Parties to execute a formal amendment to this Agreement. The Parties hereby
authorize staff to perform the calculations and pay the amount required during each
annual term of this Agreement.
6. PAYMENTS SUBJECT TO ANNUAL APPROPRIATION: Notwithstanding
anything in this Agreement to the contrary, the obligation of the Parties to make
payments to the City is expressly subject to annual appropriations by the Parties of funds
for the next ensuing fiscal year. This Section 6 shall control and supersede all other
provisions of this Agreement inconsistent therewith. It is the intention of the Parties that
the annual appropriation requirements set forth in this Agreement shall bring this
Agreement, and any renewals, into compliance with Article X, Section 20, of the
Colorado Constitution
7. 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.
8. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a
waiver of any immunities the parties or their officers or employees 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.
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.
10. TERM: The term of this IGA shall be from the date of signature hereunder, to and until
December 31, 2009, and shall automatically renew for successive one year periods
ending on December 31, 2019, unless terminated sooner by either party by giving to the
other notice of termination at least 180 days prior to the date of a termination.
11. AGREEMENT IN ADDITION TO ALL OTHER AGREEMENTS. This Agreement
is in addition to any and all other Agreements among and between the Parties. The
Parties specifically agree that all other Agreements regarding the CommCenter remain in
full force and effect.
- 3 -
6 25 2008
IN WITNESS WHEREOF, the parties hereto have signed their signatures on the date
first written above.
Signed by the parties then) day of gudti , 2008.
CITY OF GR Y, COLORADO COUNTY OF WELD, COLORADO
`j
By: By: #n-Nn( I t j .
Mayor William H. Jerke, Chairmain
y Board of County Commissioners
��/ of the County of Weld
AT JU 008
� '"
1 ATTEST:
Cit41
}( Ierk Weld County C1erk to the and ' 'H__'.
T i t.
r I /
AP' 'OVER G 0P
FORM: By:
By: — — Deputy Cle to t e Boar `.-
Ci tt+mey
APP ra VE I4 T U:STANCE: CITY OF DACONO, CO.
By: ��I/ I By, l. I t % t2 S M/
Ci y[ .'er Mayor
�4 OF DA CO
AV LABILITY OF FUNDS: ATTEST: G�tp0R 1:6
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I �1* S� I*
By: i�G -- By: � �, kt�B.J.i
Director o in ce T OAP
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6 2i'008
INTERGOVERNMENTAL AGREEMENT
FOR PROVISION OF COMMUNICATIONS, RECORDS,
AND CRIMINAL JUSTICE INFORMATION SYSTEMS
THIS AGREEMENT, made and entered into this 3rd day of May. 1993, by and
between the CITY OF GREELEY, by and through the City Council of the City of
Greeley, Colorado (hereinafter referred to as "City"), and the COUNTY OF WELD,
COLORADO, by and through the Board of County Commissioners of Weld County,
Colorado (hereinafter referred to as "County").
WITNESSETH:
WHEREAS. the operation and maintenance of a communications dispatch center,
criminal records management, and criminal justice information system are proper
governmental functions of both the City and the County, and
WHEREAS, both parties desire to enter into an intergovernmental agreement
so as to combine their communication dispatch centers, criminal records, and
criminal justice information systems for the purposes of economy, efficiency, and
enhanced public safety services, and
WHEREAS, the City has submitted a proposal that. the County has accepted,
and
WHEREAS, this Agreement is intended to define the rights and
responsibilities of the parties hereto with respect to the respective duties of
the parties hereto, and
WHEREAS, the City and. the County are authorized to enter into this
Agreement, by virtue of Section 29-1-203, C.R.S.; Article II, Section 2-3.. Weld
County Home Rule Charter; and the City of Greeley Charter. Section 3-7.
NOW. THEREFORE, in consideration of the following mutual promises and: •
covenants, the City'and the County hereby agree as follows:.
- I. Contract Representatives6: City and CountyAlan :each designate, in
writing, Contract Representatives to serve as contract managers and
• spokespersoljs for the respective entitles.
• 2. Facilit.lea The :County shall provide Space to the building at 915
Tenth Street at ne cost to house the coemunications`dispatct center,
records Area, and :centralized a e ui' nt for. the criminal
• 4 FA► justice
:.- information system. .::$44,d facility shall be kiteklit at the Weld County11
;regional Corrununicatici is ` Center (hereinafter; referred to as
"Center")
3. s .Provision of Utilities to Facilities: The County agrees to provide
i.:'.'. Water, sewer, gas, and elecsxi;Cty for the Center at no charge to
the City. The. County will provide budget for current level of
County telephone service and City will provide budget for City
telephone service.
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 2
4. Equipment and Furniture: The City and the County shall provide the
existing equipment and furniture currently in their respective
communication dispatch centers for the new Center. Ownership shall
remain with each of the respective entities for existing equipment.
Any new equipment purchased shall be owned by the City of Greeley.
Exhibit F attached shall be equipment inventory of City and Exhibit
G shall be equipment inventory of County.
5. Repair, Maintenance, and/or Renovation of Facilities: The County
agrees to repair, maintain. and/or renovate the Center whenever
necessary as determined by the respective entities. County agrees
to renovate the Center prior to October 1, 1993, to accommodate the
combined Center at County cost. The County agrees to provide
interior janitorial maintenance, housekeeping supplies, and
preventative maintenance of the Center at no cost to the City.
G. County-wide Emergency Service Dispatching Services: The City agrees
to provide county-wide emergency service communications services to
all police, fire, and ambulance agencies specified in Exhibit A.
The City agrees to maintain all radio equipment utilized by the
Center, including all tower and radio transmission and receiving.
equipment, to facilitate the receipt of E-911 calls, and to dispatch
appropriate emergency response agencies, per the policies and
procedures established by the Greeley Police Department with input
from the County and/or the Advisory Board.
The City agrees to answer county PBX switchboard calls after hours
to include all hours except Monday through Friday, 7:30 a.m. to 5:30 ,
p.m., excepting County holidays. During after hour coverage. the:
City will page on-call County and court. employees as required. The
County shall pay, for and maintain the County PBX system.
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r- CrimInal Justice Information System: The City agrees to install td:'.
Maintain a criminal Justice-info m ar ation.system including a compute
_aided .dispatch. record!' management system, jail automated sstem,
and case information system for the District Attorney. The system
to. be installed is. the Tiburon system, Option B, more fully
described in Exhibit B. The system and. equipment Mall be licensed
• #ta.the name:of the City. .
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS. AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 3
8. Criminal Records Management: The City agrees to provide criminal
records management services for the Weld County Sheriff. including,
but not limited to, automated dictation system, incident reporting.
records operations, excluding booking and arrest records. Records
shall be located in the Center. The Sheriff shall designate a
deputy custodian for all Weld County Sheriff records in a separate
document who shall be responsible for the safekeeping and
maintenance of such criminal records.
9. Weld County Communications Advisory Board: The Weld County
Communications Advisory Board shall continue to operate as currently
constructed per its by-laws. which are attached as Exhibit C, with
the exception that one police and one fire representative from the
City of Greeley shall be added to the Advisory Board by the Board of
County Commissioners. City shall provide staff services to the
Advisory Board.
10. E-911 Board: The City, via the Communications Director or designee,
shall perform the administrative duties of the Weld. County E-911
Board per the by-laws of said board, which are attached as Exhibit
D.
11. Radio Maintenance: Radio equipment shall be maintained by the City
at the same level as provided in the current radio maintenance
agreement, a copy which is attached as Exhibit E.
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The City agrees to mainta3.n all records and data per.ta,ining to the
Performance of radio maintenance, The County shall provide and
• maintain
existing computer program. known as the. "Radio Network _Management" system at no cost to the City to assist : nantnagement of
radio network.
;12. _I,:ic,0nslnfi and Compliance with Applicable law
�
rent The City shall
ita all ctlr FCC licenses for all radia:: freq es in
i�dthe :: : ; ;_ `':`'':. •
ca tiy`. ra£ o: system in the name of Weld County;.
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The city agrees to comply with all applicable .federal, state,
county, and local lawn;': rules, regulatiOns, ordi'nences_,"orders, and
decrees in ,effect at the time of executi• _ 'oaf this Agreement:- The
Parties
that later-enacted laWsk rules, regulations,
ordinances orders, and decrees may rare_ modification of: `this.'
Agreement. The City agrees to indemnify,. defend, and hold harmless
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 4
the County, by and through the Board of County Commissioners of Weld
County and its employees against any claim or liability arising from
the City's violation of any such applicable laws, rules,
regulations, ordinances, orders, or decrees, to the extent provided
(or limited) by law.
13. Records: Certain records held by the City or Weld County as they
relate to this Agreement may be considered open records, pursuant to
Colorado Statute.
. 14. Employment Status: It is expressly agreed and understood the City
is in all respects an independent contractor as to the work and that
• the City and its employees are not agents, servants, or employees of
the County. All employees of the City shall work exclusively for
the City and shall not be considered employees of the County nor
shall they be eligible for County benefits. This Agreement
specifies the nature and extent of the work to be done by the City,
but the method utilized to accomplish the work shall be the
responsibility of the City. The County assumes no liability for
City employees who may be injured while working in the Center owned
by the County. City assumes no liability for County employees
working in the Center.
1.5:.:.: Contracting: The City may contract services to be performed
hereunder. The City shall advise the County of all contracts
involved in providing County services herein. No contraC't shall,
under any circumstances, relieve the City of its liability and
obligation under. this Agreement.; and despite such contracting, the
County shall dealthrough the City, .and contractors,. willbe dealt
• with as workers and representatives .of .the Contractor: The City may
not contract emergency service dispatching services without County
approval.
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Nott-Liabi:litys: '#7ie City and the:County:agree .thatt. ih no event shall
ei
. ..> . . . ther the County or the City- �:1::14 ��. or:. responsible. .to each
other, or :to to. other persons due ..t,;o' :aiy:'stoppage: or delay in work •
herein provided for, where satz tsigs:.> delay result_from acts .
o God,. fire, war, legal, or ,.equttat 1e proceed'ing, be any other
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cause which is. outside the control of.tte City ac_'the County:
• l: :' ,:.: Hour.s of._Oliera t i on by. City., of C,etter.• The•
,,;Center.. Shall ..be
:,.. perational every day of the ' ` t : :t y'-four' boti_fa' per day.
IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 5
18. Staffing of Facilities: The City shall adequately staff the center
to ensure that the work described in this agreement is
satisfactorily completed.
The County agrees that the City shall have the sole right to select"
or to terminate the City's employees. The County shall designate by
resolution the person designated as the person in charge of the
Center as the County's Director of Communications, but such person
shall sign a waiver of County employment rights and benefits prior
to starting the employment. The City shall supervise County staff
in the Center until October 1, 1993, via the Communications
Director, or until County employment is terminated.
The City agrees to consider for employment current communication and
records staff interested in being hired by the City. Eligibility
for hiring of employees by the City shall be based solely upon the
City's testing and selection process. No current county employee is
guaranteed a position with the City.
The City's employees shall not claim any County right or benefit as
a condition of their employment in the performance of this contract.
The County hereby represents to the Contractor that pre-existing
County benefit plans for County employees involved in communications
and records activities will terminate prior to their employment by
the City, and the City will have no liability or obligation of any.
kind for any such benefit plan except the County agrees to pay off
appropriate vacation and sick leave compensable balances to the
-employee or at the..employee's written option, payment will be made.
to the City::and,cor.respopcl3ng leave credit will be granted to:the
• toy ee as a City employee in lieu of payment.
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The City's. employee.'benefit programs shall be used for the City's
-e stployees. Any employment transition benefits from County
:. :-'•• loyment to City employment shall be as agreed, between the° City'
... ;.and County. ' 'tie County shall have no liability or obligation of any •
Ind .for any such benefit plan.
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 6
19. Term: The City and the County agree that the duration of this
Agreement shall begin upon date of signature of both parties and
extend until. December 31, 1998. The parties hereto further agree
that this Agreement is automatically renewable at the end of its
term of another sixty-month period at the City's and the County's
option. Annually the City and County shall negotiate mutually
acceptable annual costs. A new cost shall he negotiated each year
for the Agreement between the parties. A notice to not renew the
agreement must be received by the other party eighteen months prior
to expiration.
20. Compensation: In consideration of the execution of this Agreement,
the County agrees to pay to the City the following amounts:
During the period from date of the signature of this Agreement until
October 1, 1993, any out-of-pocket costs of the City in relationship
to the operation of the Center. Amounts incurred shall be billed
monthly and paid within thirty days of receipt of bill.
During the period of October 1, 1993, to December 31, 1993. the
County shall pay for operation of the Center a total of $169,844
paid in monthly installments of $56,614.66 and comprised of the
following:
1 Upgrade Police Lieutenant to Captain $ 2,449
1 Upgrade Computer Systems Manager 2,09
. 1 Computer System's Analyst 11,250
1 Radio Technician 11,250:.
::10 Dispatchers at PD (top pay) 05,039
' 4 Data Entry Clerks (top pay) 26.727
• :...: Radio lyaintenarice.
20,150 . .
Tower Rental 2.100
Utilities 025.
Phones
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Total Costs ;;9.;44
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS. AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 7
During the period of January 1. 1994, to December 31. 1994, the
County shall pay for operation of the Center $904,372 paid in
monthly installments of $75,364.33 and comprised of the following:
1 Upgrade Police Lieutenant to Captain $ 9,793
1 Upgrade Computer Systems Manager 8,117
1 Computer System's Analyst 45.000
1 Radio Technician 45.000
10 Dispatchers at PD (top pay) 343,356
4 Data Entry Clerks (top pay) 106,906
Radio Maintenance 83,000
Computer Maintenance 200,000
Radio Upgrades 25,000
Tower Rental 8.400
Utilities 3,300
Phones 26,500
Total Cost $.904137
County shall receive any cost reimbursement from user agencies for .
radio repair or AirLife services. The County shall be responsible
for all billings and collections for such revenue sources.
Consumable supplies, such as computer paper, ribbons, etc.. shall be
paid:by the user.
The County shall pay any and all costs of acquiring and installing . .
the Criminal justice information system per attached Exhibit:.B.
The City shall
pay all outside vendor costs above and bil,i .the
cOunty monthly: For purposes of Section 20 of,Article X of the
Colorado. Constitution._ revenue and Wendittire limits of this. .
contract shall be.considered expenses. of -Weld .County only and not
qty's. h
• :.�� The;:anY6rur�t• paid by the County to thy.City shall be an
abatement of City expenses and not revenues.
The City shall bill the County monthly as of the first of the month
for the above costs. All billings by.t e City to. the County shall
be paid within 30 days by the County u less the County notified the
City in writing of any disputed amount.'
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ICA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, ANI)
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 8
21. Deficiencies in Service: Any deficiencies in service should be
brought to the attention of the Director of Communications for
resolution. If deficiencies in service are not resolved by the
Director of Communications, County or center users shall bring the
service issue to the attention of the Greeley Police Chief. In the
event that the County determines deficiencies in the service and
work provided by the City are not being resolved by the Director of
Communications and/or Chief of Police, the County shall notify the
City in writing as to the precise nature of any such deficiencies.
Within ten (10) working days of receipt of such notice, the City
shall correct or take reasonable steps to correct the deficiencies
complained of including, if necessary, increasing the work force and
equipment or modifying the policies and procedures used by the City
in performing services pursuant to this Agreement. If the City
fails to correct or take reasonable steps to correct the
deficiencies within ten (10) working days, the County may declare
the City in default and terminate this Agreement upon eighteen
mouths' notice prior to termination.
22. Reporting: At least quarterly, the Communications Director shall
make an oral report to the Weld County Commissioners on the status
of the Center.
23. Assignment of Contractor's Duties and Obligations: The City and the
County agree that the duties and obligations in this Agreement are
non-transferable or assignable without prior written consent of the
City and the County.
24. Notice: Any written notice to be given hereunder by either party: to .
the other party shall be affected by certified mail, return receipt
requested. Notice to the City shall be. sufficient if made or
;:addressed to the Greeley City Manager, 1000 Tenth Street, Greeley,
Col:orade,,: :80631. Notice...-to the County shall be.:sufficient. if made
:or addressed to the Board of county Commissioners. of Weld County,:
• pis Tenth:Street,...Greeley Colorado. 60631. Either:party may chee e
Y )$
:the address for notice to it by giving written notice of such `cite
:in. accordance with the
provisions of .thi,s section-
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;Ikcntire Agreeent: This Agreement and the attached Exhibits • •
.'.constitute the entire Agreement between the City and the County,
• :.-..Oeither the City nor the County shall be bound byy any requirement
;, :;, .rd ich is not Specifically stated in this Agreement:
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IGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE 9
26. Waiver of Immunity/Third Party Liability: No portion of this
Agreement shall be deemed to constitute a waiver of any immunities
which the City or the County or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have
created a duty of care on the part of either part to any persons not
a party to this Agreement.
27. Non-Appropriation: No portion of this Agreement shall be deemed to
create an obligation on the part of the City or the County to expend
funds not otherwise appropriated in each succeeding year.
28. Severability: If any section, subsection, paragraph, sentence,
clause or phrase of this Agreement is for any reason held or decided
to be invalid or unconstitutional, such a decision shall not effect
the validity of the remaining portions. The parties hereto declare
that they would have entered into this Agreement and each and every
section, subsection, paragraph, sentence, clause, and phrase
thereof, irrespective of the fact that any one or more sections,
subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
29. Applicable Law: This Agreement shall be interpreted, construed, and
governed by the laws of the State of Colorado_
30. Amendments: Amendments which are consistent with the purposes of
this Agreement may be made in writing duly executed by the parties
hereto and In accordance with the City and County rules and
regulations and all other applicable laws and ordinances.
31. Ownership: The City shall have ownership of all .computer hardware,.
software, and a Ui ment acquired for purposes
9 Po the center fro*
ate of inception of this contract.. Ownership .of`;jail management..:::;_:::;:;
and prosecution s $tem of the criminal Justice information system ,:.;
shall transfer to the County from the City at tine of termination::of. :`. .:: ...!
this contract.
32: Dispute Resolutions. In the event of a dispute over service or
Contract intetptetatioit,: a panel of. three .persons shall be
appointed. The .City shall:appoint one mer., .:the County shall
• int one member,- and one member will be agreed:upon by both City
and County to comprise..the panel. The First step shall be a
JGA AGREEMENT FOR PROVISION OF
COMMUNICATIONS, RECORDS, AND
CRIMINAL JUSTICE INFORMATION SYSTEMS
PAGE JO
mediation process. It no resolution of the issue is reached, the
second step shall be an arbitration process. Both steps by the
panel shall be non-binding upon the City and County; however, both
the City and County shall enter into this process in good faith to
resolve the pending issue.
IN WITNESS WHEREOF, the City and the County have signed and sealed this
Agreement this 3rd day of May, A.D., 1993.
ATTEST: ATTEST: 4-44U/OdUe4
/l
By: f./4 -< all,%, By: /
City Clet'k , eputy Clerk tb the Board 7.7L_S
THE CITY O .1GRNELEY, COLORADO THE COUNTY OF WELD, COLORADO.
by and through the City by the through the Board of
Council of the City of Greeley County Commissioners of the
�� Count of Weld
-O, .,(sIzIA of-, BY ...10.-v..5. -1,„_.4.--- ..,,,/
Mayor Chairman °57osh3
rAa
APPROVED AS TO k T;I: q .A APPB VFD�AS TO FORM:
BY O641/...41.1651-
.. By: if�� F
City l4 Lo ey- c t y Attorney •
APPROV D AS TO SUBSTANCE: Pall" APPROV 'AS TO S B A oo
0,
ierlBY: By:
(I:
ti Manager C.
x' S i TI* �y I uhty F1nah a Director
APPROVED AS TO AVAILABILITY OF FUNDS:
By: eAgoaS4 ( hici
Finance Dire
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INTERGOVERNMENTAL AGREEMENT FOR
PUBLIC SAFETY DISPATCH SERVICES
EXHIBIT B
A. 2010 PAYMENT CALCULATION:
I) 2008 individual law agency transmissions ± 2008 total CommCenter transmissions
= individual agency percentage.
2) 2010 CommCenter budget* minus 2007 CommCenter actual cost of$3,424,980
=adjusted annual total cost
3) individual agency percentage x adjusted annual total cost=subtotal agency payment
4) subtotal agency payment minus $10,000.00 (Weld County Grant)
=agency payment due
5) (for 2010 only**) agency payment due x 2/3 = final 2010 law agency payment
B. ALL ANNUAL PAYMENT CALCULATIONS FOR 2011 THROUGH 2019, INCLUSIVE:
Perform the calculation stated in steps 1 through 4 in A above, substituting the following:
• Calculation for step 1 uses actual calls from preceding biennial period (i.e., 2011
payment calculation uses 2009 actual calls; 2012 payment calculation uses 2010 actual
calls, etc.)
• Calculation for step 2 uses the current payment year CommCenter budget* minus 2007
CommCenter actual cost (i.e., 2011 payment calculation uses 2011 budget—2007 costs;
2012 payment calculation uses 2012 budget—2007 costs; etc.)
* The CommCenter budget will include infrastructure depreciation cost of$72,000 for 2010 and
$108,000 for 2011 through 2019. After 2019, new equipment may be added to the depreciation
cost with a ten year depreciation schedule.
** The individual law agency's share will be reduced by one-third(1/3) for 2010 only, and no
reduction for annual payments due thereafter.
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