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HomeMy WebLinkAbout20160925.tiff RESOLUTION RE: APPROVE REGIONAL COMMUNICATIONS USER AGREEMENT AND AUTHORIZE CHAIR TO SIGN - PLATTEVILLE GILCREST 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 a Regional Communications User Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and the Platteville Gilcrest Fire Protection District, commencing January 1, 2016, and ending December 31, 2016, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Regional Communications User Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Safety Communications, and the Platteville Gilcrest 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 16th day of March, A.D., 2016, nunc pro tunc January 1, 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO y��(4 A w, ATTEST: './.r�"" . ,Lp•4 Mike Freeman, Chair Weld County Clerk to he Board EXCUSED Se- P. onway, Pro-Tem BY: Dep y Clerk to the Board 2L-te (- S� Cozad APP:. . : D AS TO �Iasi t Kirkmeyer orney •�' \ !,, ` I —" teve Moreno `� l Date of signature: ..P 2016-0925 CM0024 WELD COUNTY REGIONAL COMMUNICATIONS USER AGREEMENT 1. PROVISION OF SERVICES BY THE COUNTY: a. The County,through the WCRCC,shall provide the following public safety dispatch services: i. Emergency 911 call answering; ii. Police,fire and EMS CAD/radio dispatching; iii, NCIC/CCIC channel clearances;and iv. After-hour notifications for police, animal control involving concerns for public safety, fire, EMS,water and sewer, risk management,and public works. b. The public safety dispatch services listed in 1(a) shall be provided to the City/Town/District 24 hours per day,seven days a week. c. If the City/Town/District desires additional emergency services beyond those described herein, it may request such services from the County. It shall be in the sole discretion of the County whether to accommodate such requests and any additional services provided shall be the subject of a separate agreement. 2. REQUIREMENTS OF THE CITY/TOWN/DISTRICT a. City/Town/District must show annual maintenance records of all Subscriber units no later than December 31s1 of current year and every year thereafter to include subscriber ID# and date of maintenance to the Director of Public Safety Communications. b. City/Town/District must show New Hire and Annual employee Radio Subscriber Unit Training documentation no later than December 31s1 of current year and every year thereafter to include Name of employee, date of training and current Radio Template to the Director of Public Safety Communications. (See Appendix A for training content) 3. COST FOR DISPATCH SERVICES. The County shall determine costs to be paid by the City/Town/District for dispatch services based upon the following methodology: a. The county shall determine costs to be paid by the City/Town/District for dispatch services based upon the following methodology: 0 Allocation of costs will be charged based upon utilization of services that drives costs,which are dispatched calls. 2016-0925 1 'Page • Call volume will be averaged over the prior four years to avoid an entity from having a spike in costs due to an extraordinary event,such as a tornado. • Cost for police dispatch and fire dispatch are different based upon the number of dispatch positions to handle the call volume. Therefore, costs will be prorated between fire and law based upon the percentage of the number of dispatch law and fire consoles. • The total budget for operations for the Weld County Communication Center (WCRCC) shall be determined annually. From the total for operational costs the amount reimbursed by the Weld County E911 Authority for operations will be subtracted to determine a net cost of operations for the WCRCC to be allocated to user agencies. The net operating costs for the WCRCC shall be allocated between law and fire agencies based upon the number of dispatch positions for law and the number of dispatch positions for fire divided by each of the total respective type of calls to arrive at a cost per call for each type of call (law or fire). • The total cost for infrastructure depreciation for the Weld County Communication Center (WCRCC) shall be determined annually. From the total cost of infrastructure depreciation the amount attributed to infrastructure depreciation for the Weld County E911 Authority will be subtracted to determine a net cost of infrastructure depreciation for the WCRCC to be allocated to user agencies. The net cost of infrastructure depreciation for the WCRCC shall be allocated between law and fire agencies based upon the number of dispatch positions for law and the number of dispatch positions for fire divided by each of the total respective type of calls to arrive at a cost per call for each type of call,similar to the operational costs. • The costs per call type(law or fire) will be multiplied times the call volume averaged over four years for each law and fire agency to determine the total operational cost and cost for infrastructure depreciation for each agency annually. • From the above process the total annual costs for operations and infrastructure depreciation (less the amount allocated to the E911 Authority) allocated to each law and fire agency will be determined. Starting in 2016 each law and fire agency shall pay ten percent (10%) of the total costs for operations and infrastructure depreciation allocated to each law and fire agency,in 2017 twelve and one-half percent (12.5%), in 2018 fifteen percent (15%), in 2019 seventeen and one- half percent(17.5%)and in 2020 and beyond twenty percent(20%). b. If the City/Town/District requests or requires additional emergency services above the current service level as described in 1(a), the City/Town/District will pay for the additional services in their entirety above and beyond any allocation from the adopted methodology. c. The cost basis for public safety dispatch services for the following year will be provided to the City/Town/District by June 1 of each year. d. The County reserves the right to periodically review the cost allocation methodology and make any appropriate changes to the cost allocation methodology. Any such approved changes to the cost allocation shall modify the cost allocation terms of this Agreement and be imposed pursuant to the terms of this Agreement. If the cost allocation methodology change is uniformly applied to all like users no amendment to this agreement is required. 21Page 4. TERM: The term of this IGA shall be from January 1,2015,to and until December 31,2015,and shall continue for successive one year periods thereafter, unless terminated sooner by either party by giving to the other notice of termination at least 180 days prior to the projected date of termination. Or a mutually agreed upon date. 5. 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. 6. NO WAIVER OF IMMUNITY: No portion of this IGA shall be deemed to constitute a waiver of any immunities the parties or their officers, employees, or agents may possess, nor shall any portion of this IGA be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this IGA. 7. NON-A I'l'ROPRIATION: Financial obligations of the parties imposed under this IGA and payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted and otherwise made available. By execution of this IGA, the parties do not warrant that funds will be available to fund this IGA beyond the current fiscal year and no portion of this IGA shall be deemed to create an obligation on the part of the County to expend funds not otherwise appropriated in each succeeding year. 8. NON-LIABILITY: The City/Town/District agrees that in no event shall the County be liable to the City/Town/District due to any stoppage, delay, or any impairment in the provision of dispatch services pursuant to this IGA where such stoppage, delay, or impairment result from acts of God, fire,war, legal or equitable proceeding, or any other cause which is outside the control of the County. 9. INDEMNITY. To the extent authorized or limited by law, the City/Town/District agrees to indemnify, defend, and hold the County, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures to act by the City/Town/District, its employees, officers, and agents, occurring from the point of receiving public safety dispatch services pursuant to this IGA. To the extent authorized or limited by law, the County agrees to indemnify, defend, and hold City/Town/District, its officers, employees,and agents,harmless from and against any and all claims, suits,expenses,damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failures to act by the County, its employees, officers, and agents, occurring from the provision of public safety dispatch services pursuant to this IGA. 10. 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. Wage IN WITNESS WHEREOF,the parties hereto have signed this Agreement this a^a day of /1'1c(- ,201 (s CITY/TOWN/DISTRICT: f) .r.1\s. 6-.1Gre,ssr Croke -1-30, By: -D,si Nrcrr Date Name: �., -- Title: WELD COUNTY: ATTEST: diggailti "`l"';€1 BOARD OF COUNTY COMMISSIONERS Weld Ce my Clerk to the Bo rd WELD COUNTY, COLORADO BY: - �eputy CI •k to the Bo t�k..( _4` Mike Freeman, Chair MAR 16 2016 APPROVED AS TO FU ! I N'. ..�►, 'PROVED AS TO SUBSTANCE: Controller L �ected Official or Department Head ROVED AS ORM: � •+��"' County Attorney 4IPage o2('/4' Hello