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Home My WebLink About920378.tiff RESOLUTION RE: APPROVE AGREEMENT FOR OPTICOM EMITTER SYSTEM WITH THE CITY OF GREELEY AND AUTHORIZE CHAIRMAN 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 an Agreement for Services for the Opticom Emitter System between the County of Weld and the City of Greeley, automatically renewable on December 31 of each year, with the further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Services for the Opticom Emitter System between the County of Weld and the City of Greeley be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 27th day of April, A.D. , 1992. �� BOARD OF COUNTY COMMISSIONERS �, ATTEST: U '/G�.cr�' WELD COUNTY, COLORADO Weld County Clerk to the Board „mot-% s 11 GG��o e Kennedy, Chairman BY: J'��ruacs �i+�JZsIA�x�-! ic'�5 C/ ✓uP<<� Deputy Cle to the Board Constance L. Harbert, Pro-Tem APPROVED AS FORM: County Attorney Gord cy W. H. Webster 920378 Am O008 c (+1 c r�� k L LT y c'7 AGREEMENT FOR SERVICES THIS AGREEMENT, made this (Ai / day of 19 Qr ,, by and between the CITY OF GREELEY, COLORADO inafter referred to as the "CITY" and the COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of Weld County Commissioners of Weld County, hereinafter referred to as "COUNTY" : WHEREAS, the County operates the Weld County Ambulance Service which provides emergency medical services throughout Weld County and within the city limits of the City of Greeley; and WHEREAS, the City, in order to improve the safety and response time for certain emergency vehicles, has installed special signal receivers on some traffic control signals throughout the City. These receivers allow the operator of an emergency vehicle equipped with special signal emitters to control manually certain traffic signals and intersections; and WHEREAS, it is beneficial to the citizens of the City and of the County to have the fastest and safest response time available for authorized emergency vehicles responding to medical emergencies . NOW THEREFORE, for and in consideration of the mutual covenants , conditions and promises contained herein, the parties hereto agree to the following: I . DEFINITIONS A. "Special Signal Receivers"--Devices capable of controlling specially equipped traffic signals and street intersections by the manual operation of special signal emitters . B. "Special Signal Emitters"--Devices capable of sending certain signals affecting special signal receivers for the purpose of manually controlling specially equipped traffic signals and street intersections . II . SERVICES TO BE PROVIDED BY COUNTY A. The County agrees that the Weld County Ambulance Service shall adopt standard operational procedures relating to the use of its Special Signal Emitters . Such procedures shall conform to all statutes, state regulations, and County and City ordinances pertaining to the operation of "authorized emergency vehicles . " Such procedures shall not conflict with any operational procedures adopted by the Greeley Fire Department for the use of its special Page 1 of 5 Pages 9 2037 d signal emitters . A copy of the Weld County Ambulance Service ' s current standard operational procedures is attached to this Agreement as Schedule A and is hereby incorporated into this Agreement. The County' s Contact Person, referenced below in Section IV shall provide the City' s Contact Person, referenced below in Section IV, copies of any revisions or changes to these procedures in Schedule A within a reasonable time after any such revisions or changes are approved by County. B. The County agrees that the Weld County Ambulance Service shall keep records pertaining to the type, manufacturer and number of special signal emitters actually in use by the Weld County Ambulance Service together with the identification of the emergency vehicle in which each special signal emitter is located. The Counties Contact Person shall provide this information to the City' s Contact Person within a reasonable time after the execution of this Agreement. C. The County agrees that if the emergency vehicle in which a special signal emitter is installed is sold or is otherwise removed from use by the Weld County Ambulance Service as an authorized emergency vehicle, the County shall remove the signal emitter from the vehicle prior to its sale or other disposition. D. The County agrees to keep its signal emitters properly functioning and well-maintained at County' s expense . If any of County' s special signal emitters is damaged beyond repair, the County assures that such special signal emitter shall be disposed of properly. Records of such disposal shall be maintained for a reasonable time by County. The County agrees to allow the City' s Contact Person or other representative to inspect County' s special signal emitters on annual basis at no cost to County. Such inspection shall take place at the City' s election upon reasonable notice by City' s Contact Person to County' s Contact Person at a mutually agreeable time and place. III . SERVICES TO BE PROVIDED BY CITY A. The City agrees to check the operation of each of County' s special signal emitters on an annual basis at no cost to County. B. The City agrees to assist, within reason, the County with any problems with the operation of the special signal emitter equipment and to procure any necessary information or services from the equipment manufacturer as may be required. C . The City' s Contact Person shall timely notify the County' s Contact Person of any additions, deletions or alterations to any intersections utilizing the special receiver units . The City' s Contact Person shall provide the County' s Contact Person Page 2 of 5 Pages Q CIAp/-�p with a map of the current location of the special signal receiver installations within a reasonable time after execution of this Agreement. IV. CONTACT PERSONS In order to administer this Agreement effectively, the County and the City shall each designate a Contact Person. Until further notice is received, each party' s respective Contact Person shall be the individual named in Schedule B attached hereto and incorporated herein by this reference. Any change in either party' s Contact Person shall be effective upon ten ( 10) days advance written notice to the other party' s Contact Person. V. DURATION This Agreement shall be effective upon final execution by the appropriate officers of each party. This Agreement shall continue through December 31, 1992, and shall be automatically renewable year-to-year unless sooner terminated in accordance with Section VI of this Agreement. VI . TERMINATION This Agreement will terminate upon thirty ( 30) days written notice by either party that it plans to discontinue all use of the respective special signal receivers or the special signal emitters . Such notice shall be delivered to the other party in accordance with Section VIII , "Notices . " VII . RESPONSIBILITY FOR LEGAL PROCEEDINGS The City shall be responsible for defending itself and its officers and its employees in any civil action brought by any person claiming damages as a result of any use and/or maintenance of the special signal receivers and the special signal emitters by either party. Likewise, the County shall be responsible for defending itself and its officers and its employees in any civil action brought against the County and its officers and employees by any person claiming damages as a result of any use and/or maintenance of the special signal receivers and the special signal emitters by either party. The City and its officers and employees shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County, or any officer or employee thereof, arising out of any use and/or maintenance of the special signal receivers and special signal emitters . Likewise, the County and its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the City, or any officer or employee thereof, arising out of any use and/or maintenance of the special signal receivers and special signal emitters . Page 3 of 5 Pages VIII . NOTICES Any notice provided for in this Agreement shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid, at the addresses listed in Schedule C, attached hereto and incorporated herein by reference, until such time as written notice of a change is received from the other party. Any notice so mailed and any notice served by personal delivery shall be deemed delivered and effective upon receipt or upon attempted delivery. This method of notification will be used in all instances, except for emergency situations when immediate notification to the City' s Contact Person or the County' s Contact Person is required. IX. NO THIRD-PARTY BENEFICIARY ENFORCEMENT It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the City and the County, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person on this Agreement. It is the express intention of the City and the County that any entity, other than the City or the County receiving services or benefits under this Agreement, shall be deemed an incidental beneficiary only. X. MODIFICATION AND BREACH This Agreement and the attached Schedules contain the entire agreement and understanding between the parties and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal or other alteration of or to this Agreement and the attached schedules shall be deemed valid or of any force or affect whatsoever, unless mutually agreed upon in writing by the parties . No breach of any term, provision or clause of this Agreement and the attached schedules shall be deemed waived or excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach. XI . SEVERABILITY If any term or condition of this Agreement shall be held to be invalid, illegal or unenforceable, this Agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties . Page 4 of 5 Pages ore Ai A, M IN WITNESS WHEREOF, the City and the C nty, have signed and sealed this Agreement this ' day ofJl l�l , 19 qO. ATTEST: THE CITY OF GREELEY, COLORADO U / BY lailt_ 5n City r Mayor APPROV //�ApS TO SUBSTANCE : APPROVED AS TO FORM: � 0-__A-7 ` {c//(C r cd sty Manager City Attorney BOARD OF COUNTY COMMISSIONERS ATTEST: 4 WELD COUNTY, COLORADO Weld County Clerk to the Boar By. airma Oq 099ha By: /7,4,4d - Via-z Deputy Clerk_-\ __-APPROVED AS O FORM: �- County Attorney aweldamb.bap Page 5 of 5 Pages SCHEDULE A Weld County Ambulance Service Standard Operational Procedures Special Signal Emitters PAGE 3: AMBULANCE OPERATIONS DATE REV: JAN. 31 . 1992 BACK UP ALARM/EMERGENCY LIGHTS: WCAS vehicles have a back up alarm, and it must be used with ALL backing motion. The white rocker switch is located at the first switch just before the flood light switches. Whenever available, you must be backed by a second person . Emergency lights should always be on when backing . OPEN DOOR INDICATORS: WCAS vehicles are equipped with open door indicators. These are the large red buttons on the far left end of the emergency light panel and will blink if either an outside door compartment, rear or side door is open or not closed completely . If these blink while driving the ambulance. stop the ambulance, and locate the open door and close it prior to going into motion . The ambulance must be completely stopped before engaging in either a forward or backward motion. / OPTICOM: / The Opticom rocker switch is located on the light switch panel . ` The Opticom priority control system enables the intersection controller to work for emergency vehicles by placing temporary(/ command of the intersection with the emergency vehicle operator . At no time should the Opticom take the place of common sense while entering an intersection . All traffic rules and regulations should be followed at all times. Drivers must be aware of the possible presence of other emergency vehicles in the vicinity of ` emitter-controlled intersections . Emergency fire vehicles =hall be given the right-of-way and emitter priority in such intersections. After arrival on scene, THE OPTICOM SWITCH SHOULD BE RETLRNED TO THE OFF POSITION. MOKING: It is the policy of Weld County and Weld County Ambulance Service that there is no smoking in county vehicles at any time. OVERDRIVE: Some of the vehicles have an overdrive switch ( located on the lower dash just to the left of the steering post) . When operating the vehicle inside the city , the switch should be depressed (yellow light comes on ) . When operating on the ...i highway , the overdrive should be deactivated. 82 Mr' Of. SCHEDULE B 1 . Until further notice is received, the City' s Contact Person shall be: William A. Sterling, Director Department of Public Works 1000 10th Street Greeley, CO 80631 Telephone: ( 303) 350-9795 2 . Until further notice is received, the County' s Contact Person shall be: Gary McCabe, Director Weld County Ambulance Service 1658 15th Street Greeley, CO 80631 Telephone: ( 303 ) 353-5700 p f SCHEDULE C 1 . Any notice to the City provided for in this Agreement shall be sent to: Greeley City Council 1000 10th Street Greeley, CO 80631 Telephone: ( 303 ) 350-9775 with a copy to: William A. Sterling, Director Department of Public Works 1000 10th Street Greeley, CO 80631 Telephone: (303) 350-9795 2 . Any notice to the County provided for in this Agreement shall be sent to: Board of Weld County Commissioners P. O. Box 758 Greeley, CO 80632-0758 Telephone: ( 303 ) 356-4000, Ext. 4225 with a copy to: Gary McCabe, Director Weld County Ambulance Service 1658 15th Street Greeley, CO 80631 Telephone: (303 ) 353-5700 0^IP7-T o DEPARTMENT OF PUBLIC WORKS Cit of 1000 10TH STREET, GREELEY, COLORADO 80631 Greeley C `' dill_._ `i April 22, 1992 r , )1i APR 2 , 1992 WELD COUNTY JAN ALLISON ATTORNEY'S OFFICE ASSISTANT WELD COUNTY ATTORNEY PO BOX 1948 GREELEY COLORADO 80632 SUBJECT: EMITTER AGREEMENT FOR SERVICES Attached are four ( 4 ) City executed agreements for emitter services. Please have the appropriate County officials execute the agreement on behalf of the County. As soon as you have obtained the necessary County signatures , please return two copies to our office. Thank you for your assistance in this matter . WILLIAM A. STERLING, P.E . Director of Public Works clw Attachments Hello