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Home My WebLink About20041918 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY DISPATCH SERVICE AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON AND FORT LUPTON FIRE PROTECTION DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Intergovernmental Agreement for Emergency Dispatch Service between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, the City of Fort Lupton on behalf of the Fort Lupton Police Department, and the Fort Lupton Fire Protection District, with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Intergovernmental Agreement for Emergency Dispatch Service between the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld County,the City of Fort Lupton on behalf of the Fort Lupton Police Department,and the Fort Lupton Fire Protection District, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS E� WELD COUNTY, COLORADO 4, t. itc?ertt4a-- 1861 ( _.�"��: ` Robert D. Masden, Chair . ] lerk to the Board ` lez) tWh� \ , William H. erke, Pro-Tem ■eputy Clerk to the Board — AP V D AS M: O,4L if David E. Long UUU ounty Attor ey �/ G enn Vaa Date of signature: 77077 2004-1918 CM0016 John R. Dent, P.C. ATTORNEYS AT LAW 332 Denver Avenue Fort Lupton, Colorado 80621 Tel: 303-857-4667 Fax: 303-857-2467 dentlaw@gwest.net June 25, 2004 ® ECHWEET Ms. Cindy Giauque JUN 2 81004 Weld County Attorneys Office P.O. Box 758915 10th WELD COUNTY Street AT OFFICE Greeley, Colorado 80632 RE: Fort Lupton Police Department and Fire Dispatch Agreement Dear Cindy: I am returning to you three original signed Inter-Governmental Agreements for Emergency Dispatch Service which have now been approved and signed by the City of Fort Lupton and the Fort Lupton Fire Protection District. If you would please have the County sign off and return an original signed copy of the Agreement to both the City of Fort Lupton and to myself for the Fort Lupton Fire Protection District it would be much appreciated. I am also enclosing for your reference a copy of an IGA between the City of Fort Lupton and the Fort Lupton Fire Protection District which has been approved by both bodies as well pertaining to the division or split of the tax credit referenced in paragraph 4 of the Dispatch Agreement. This is simply for your file. If you have any questions please don't hesitate to contact me. However both the Fire District and the City greatly appreciate your efforts in putting this Agreement together and the speed with which you were able to make this happen. Thank you Cindy. Since 67/ John R. Dent JRD:ej Enclosures: Inter-Governmental Agreeme s for Emergency Dispatch Service Copy of IGA between the City of Fort Lupton and the FLFPD cc: Jim Sidebottom Larry Leinweber Bill Wallace 2004-1918 INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY DISPATCH SERVICE THIS AGREEMENT is made by and between Weld County, Colorado, by and through the Board of County Commissioners of Weld County("County"), the City of Fort Lupton on behalf of the Fort Lupton Police Department ("City of Fort Lupton"), and Fort Lupton Fire Protection District ("Fort Lupton FPD"). WITNESSETH: WHEREAS, intergovernmental agreements to provide functions or services, including the sharing of costs of such services or functions, by political subdivisions of the State of Colorado are specifically authorized by Section 29-1-203 C.R.S.; and WHEREAS, County provides emergency radio dispatch services for Weld County public safety organizations through a contract with the City of Greeley and as part of that contract will provide such service to Fort Lupton FPD and the City of Fort Lupton; and WHEREAS, Fort Lupton FPD is authorized to lawfully provide, establish, maintain, and operate firefighting and other emergency services; and WHEREAS, the City of Fort Lupton is authorized to provide, establish, maintain, and operate law enforcement services for the City of Fort Lupton; and WHEREAS, each of the parties hereto maintain all appropriate emergency equipment necessary to their specific function; and WHEREAS, establishment of an intergovernmental agreement will serve a public purpose and will promote the safety, security, and general welfare of the residents of Weld County, the City of Fort Lupton, and of Fort Lupton Fire Protection District. NOW THEREFORE, IT IS MUTUALLY AGREED by and between each of the parties as follows: 1. Weld County agrees to provide, either directly or through a contract with the City of Greeley, dispatching service to the Fort Lupton Fire Protection District commencing December 1, 2004, and dispatching service to the Fort Lupton Police Department commencing on or about January 1, 2005, as follows: a. Provide continuous 24 hour per day, seven days per week dispatching support for Fort Lupton Fire Protection District and the Fort Lupton Police Department. b. Provide Emergency Medical Dispatch ("EMD") to those calls received that require medical assistance as per approved procedures; 1 2. The Fort Lupton Fire Protection District and the City of Fort Lupton agree to cover any and all costs that may be incurred, and to take any necessary and reasonable steps required to adapt two way radios utilized by the Fort Lupton FPD or the Fort Lupton Police Department so that the radios will be able to receive the Weld County Communications dispatched emergency transmissions on the agreed upon talk groups. The parties acknowledge and agree that all parties will comply with the radio protocols of the Weld County Regional Communications Center. 3. This Agreement shall become effective upon the approval and signature by the last to sign of the authorized representatives of the parties hereto and shall continue until such time as a party to this Agreement gives 180 days advance written notice to the other parties of its intention to terminate this Agreement. If the terminating party is either the City of Fort Lupton or the Fort Lupton FPD, then the remaining two parties may elect, by written agreement signed by representatives of the non-terminating parties, to continue this Agreement with no further participation by the terminating party. 4. The City of Fort Lupton and the Fort Lupton FPD agree to pay to the County the sums as set forth on Appenix A, attached hereto and incorporated herein, for dispatch services provided by the Weld County Regional Dispatch Center for the initial term of this Agreement, and for each year thereafter through December 31, 2010,when, unless the parties have negotiated and established a different amount to be paid commencing with the year 2011, the amounts due shall be adjusted each year thereafter in accordance with the percentage reflected by the CPI index for the Denver area. Payments for dispatch services shall be due and payable in equal monthly installments for each year that service is provided, commencing thirty days after service commences, and continuing with monthly installment payments thereafter. The monthly payment amount shall be determined by the amount due for the entire year, divided by 12. Training costs set forth in Appendix A are currently estimates. The parties agree that the City of Fort Lupton will pay Training Costs actually incurred, and such payments shall be made in installments, amortized over a five year period Fort Lupton FPD and the City of Fort Lupton represent that the payment for dispatch services is being made from sums that Fort Lupton FPD and the City of Fort Lupton are legally authorized to collect within the boundaries of each Fort Lupton entity. Fort Lupton FPD and the City of Fort Lupton agree to hold harmless and indemnify County for any claims concerning Fort Lupton FPD's or the City of Fort Lupton's funding or payment pursuant to this Agreement. Fort Lupton Fire Protection District and the City of Fort Lupton shall each receive a property tax credit which total amount will be equal to one-half mill of the assessed value of Fort Lupton Fire Protection District, and which total amount will be divided as Fort Lupton FPD and the City of Fort Lupton agree. If no agreement is reached between the Fort Lupton FPD and the City of Fort Lupton, the total amount of the property tax credit for any given year shall be divided between Fort Lupton FPD and the City of Fort Lupton 2 based upon the same percentage as the prior year. The total amount for the initial year, $70,000, will be divided with 20%to the Fort Lupton FPD and 80% to the City of Fort Lupton. In the event that Weld County changes the financing structure or the policy concerning financing of the Weld County Regional Communications Center, Weld County agrees to re-evaluate the charges currently being assessed to Fort Lupton Fire Protection District and the City of Fort Lupton, as those charges might fairly relate to any restructuring. 5. Each party agrees that its equipment, and the actions, methods and practices of its personnel shall conform to the applicable requirements of Colorado law to acceptable methods and practices of emergency response services. 6. Each party shall at all times obtain and maintain adequate insurance to cover liability, worker's compensation, or other insurance liabilities required by law. Notwithstanding anything contained herein to the contrary, each party while engaged in performing any service, activity or undertaking under this Agreement shall have and retain all rights, privileges and immunities to which they are entitled under the law. A program of self- insurance is acceptable. 7. Each party waives all claims against the other party for compensation for any loss of or damage to equipment and for any loss, damage,personal injury or death sustained by its personnel which occur as a consequence of the performance of this Agreement, except for willful and wanton conduct. 8. This Agreement does not establish a separate legal entity, nor does it create an employment relationship between the parties. Each party agrees that its personnel do not become employees of any other party as a result of this Agreement. Each party's equipment and personnel shall remain the responsibility of that party. Each party's personnel do not become entitled to any employee's benefits provided by any other party to the other party's personnel, as a result of this Agreement. 9. The parties agree that if any part, term or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 10. The parties each acknowledge and agree that the persons signing have lawful authority to do so, and bind each entity and their respective affiliates to this Agreement on behalf of their respective parties. 11. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law and the ordinances and regulations enacted pursuant thereto. 3 12. This Agreement shall be binding upon the successors and assigns of each of the parties hereto, except that no party may assign any of its rights or obligations hereunder, without the prior written consent of all other parties. 13. Each party's participation in this Agreement shall be subject to appropriation of funds by its legislative body, and payment of such funds to the appropriate party. 14. This Agreement shall supersede and replace any and all agreements, contracts and written or oral understandings in existence prior to the execution of this Agreement. 15. This Agreement may be modified only in writing signed by the authorized representatives of the parties to this Agreement. 16. Nothing in this Agreement shall be construed to create a cause of action or civil liability remedy in any person not a party to this Agreement. This Agreement exists for the sole benefit of the parties to this Agreement. The Agreement shall not be construed to create a duty by either party to any third party where no such duty otherwise existed. IN WITNESS WHEREOF, the duly authorized representatives of the respective agencies hereto have signed on the dates indicated below. BOARD OF COUNTY COMMISSIONERS FORT LUPTON FIRE PROTECTION WELD COUNTY, COLORADO DISTRICT By: , \ Y By: �.._ Chair Robert D. Masden Chief cam— U✓`c,�,.w`.`^'� a JUL 12 2004 THE BOARD 186 ? �� CITY OF FORT LUPTON ®ft y �� 1 � _ � a / �y eputy BY: ,f(j• ou /f -takle> Mayor 4 .cVoe) -/9iJ' Appendix A 2004 2005 2006 2007 2008 2009 2010 FORT LUPTON FIRE DEPARTMENT Fort Lupton Fire District Dispatch Services 36,000 36,000 36,000 36,000 36,000 36,000 Talk Group Templates& Unit Programming 4,025 Training for Staff Utilizing 800 MHz Radios 300 I.T. Support 1,000 (Initial Training to retrieve call/incident history info.) Fire District Service for December 1,833 Subtotal Fire District 1,833 41,325 36,000 36,000 36,000 36,000 36,000 CITY OF FORT LUPTON POLICE DEPARTMENT Talk Group Templates& Unit Programming 3,200 Training for Staff Utilizing 800 MHz Radios 250 Upgrade Call-Taker Console to Dispatch Console 40,000 Labor for Console Upgrade 7,500 I.T. Support 1,000 (Initial Training to retrieve call/incident history info.) Subtotal City of Fort Lupton 51,950 0 0 0 0 0 0 Salaries/Benefits for City PD Dispatchers I (5.5 FTE) 112,000 277,920 286,258 294,845 303,690 312,801 322185 Totals: Fire District 1,833 41,325 36,000 36,000 36,000 36,000 36,000 City of Fort Lupton 163,950 277,920 286,258 294,845 303,690 312,801 322,185 Property Tax Credit 70,000 70,000 70,000 70,000 70,000 70,000 70,000 Fort Lupton Fire District-20% 0 14,000 14,000 14,000 14,000 14,000 14,000 City of Fort Lupton - 80% 70,000 56,000 56,000 56,000 56,000 56,000 56,000 Net Fort Lupton Fire District $1,833 $27,325 $22,000 $22,000 $22,000 $22,000 $22,000 Net City of Fort Lupton $93,950 $221,920 $230,258 $238,845 $247,690 $256,801 $266,185 Rev. I Hello