HomeMy WebLinkAbout20031723.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR EMERGENCY DISPATCH
SERVICES AND AUTHORIZE CHAIR TO SIGN-MOUNTAIN VIEW 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 Services between the County of Weld,State of Colorado,by and through the
Board of County Commissioners of Weld County, on behalf of the Weld County Regional
Communications Center,and the Mountain View 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 Services between
the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld
County,on behalf of the Weld County Regional Communications Center,and the Mountain View 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 2nd day of July, A.D., 2003.
BOA OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
ATTEST: •
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avid E. L g, Ch
Weld County Clerk t. . e
1861 ,0 iv
Robert D. den, Pro-T
BY: . 6 iJl.. !fir 9
Deputy Clerk to the Board
M. J. eile
DASTOF � �
William H. Jer
unty rAttorne), iyfl
Glenn Vaad----
Date of signature: 770
2003-1723
CM0015
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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"), and Mountain View Fire
Protection District ("Mountain View 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 Mountain View FPD; and
WHEREAS, Mountain View FPD is authorized to lawfully provide, establish, maintain, and
operate firefighting and other emergency services; 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 and of
Mountain View 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 Mountain View Fire Protection District as follows:
a. Provide continuous 24 hour per day, seven days per week dispatching support for
Mountain View Fire Protection District, which may include, but not be limited to,
a pre-alert tone and voice announcement as to the type and location of the
emergency;
b. Emergency Medical Dispatch("EMD")to those calls received that require
medical assistance as per approved procedures;
c. When appropriate, forward the emergency call to Boulder County
Communications Center for continued dispatch services.
2. The Mountain View Fire Protection District agrees to cover any and all costs to adapt its
two way radios to receive the Weld County Communications dispatched emergency on
the agreed upon channel, currently, Weld County Fire Channel A.
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
either party gives 90 days advance written notice to the other party of its intention to
terminate this Agreement.
4. Mountain View FPD agrees to pay to the County the sum of$23,000.00 for dispatch
services provided by the Weld County Regional Dispatch Center for the initial term of
this Agreement, and for each year thereafter unless the County, through the 911 Board,
notifies Mountain View FPD at least 60 days prior to the expiration of the then current
term of an intent to increase the fee for the upcoming term. Mountain View FPD
represents that the payment for dispatch services is being made from sums that Mountain
View FPD is legally authorized to collect from residents of its District. Mountain View
FPD agrees to hold harmless and indemnify County for any claims concerning Mountain
View FPD's funding or payment pursuant to this Agreement.
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.
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.
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 the 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 the other party
to its 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 both 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.
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 the other party.
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 MOUNTAIN VIEW FIRE PROTECTION
WEL;OUNTY, COLORADO DISTRICT
By: ♦ I ��� - By: •
Chair David E. L.7' 07/02/2003 hief
ATTEST: Va
CLERK TO THE B
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