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Home My WebLink AboutC03-064 Bond-McCoy Volunteer Fire Departmentw ' OFFICE OF THE BOARD OF COMMISSIONERS (970) 328-8605 FAX (970) 328-8629 TDD (970) 328-8797 Email: Eagleco@eagle-cour-ty.com C7 ff~GL~ COUNIY March 11, 2003 Robert W. McLaurin Town Manager Town of Vail Re: Bond/McCoy Volunteer Fire Department Dear Robert: ~®~~-6c~~/d MICHAEL L. GALLAGFiER TOM C. STONE ARN M. MENCONI It is my understanding that the Town of Vail is in negotiations with the Bond/McCoy Volunteer Fire Department to provide dispatch services through the Town's Communication Center for the transmission and dispatching of messages pertaining to fire, emergency medical, and other public safety services in the Bond/McCoy area. Pursuant to these negotiations, the Town of Vail is requesting that the Bond/McCoy Volunteer Fire Department provide a guarantor of payment under the contract. >: Eagle County is willing to guarantee payment to the Town of Vail of all indebtedness of the Bond/McCoy Volunteer Fire Department, not to exceed the sum of $2,500.00 annually, arising from an executed contract between the Town of Vail and the Bond/McCoy Volunteer Fire Department in a form similar to the attached. This guarantee is conditional in that it is a guaranty of payment only in the event of payment default by the Bond/McCoy Volunteer Fire Department. Eagle County shall not be required to make any payment until reasonable attempts, with due diligence, to collect from the Bond/McCoy Volunteer Fire Department have failed. Eagle County makes no other guaranties with regard to the Bond/McCoy Volunteer Fire Department's performance of the terms and conditions of the contract with the Town of Vail. Eagle County assumes no other liability under said contract except for that stated herein. Payment of this amount is conditioned upon funds being budgeted and appropriated for this purpose. County shall have no obligations under this guarantee, nor shall any payment be made to the Town in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation by the County in accordance with a budget adopted by the Board of Eagle County Commissioners. Eagle County makes this guarantee as the provision of fire, emergency medical, and other public safety dispatch services in the Bond/McCoy area furthers the valid public purpose of providing Eagle County Building, 500 Broadvway, P.O. Box 850, Eagle, Colorado 8 1 63 1-0850 emergency services to the citizens of Eagle County and benefits the residents of this County. As such, this guarantee is appropriate under the Colorado Constitution, Article XI, Sections 2 and 3. However, this guarantee is expressly limited by and subject to the language of these constitutional sections. This guaranty shall remain in full force and effect until written notice of its termination is given by Eagle County to the Town of Vail. Eagle County would like to the thank the Town for their continued provision of dispatch services throughout the valley and their dedication to the safety of Eagle County citizens. Chairman, Board of Commissioners ! ~ AGREEMENT THI5 AGREEMENT, made and entered into this day of 2003, by and between the Town of Vail, Colorado and Bond/McCoy Volunteer Fire Department, Inc., a Colorado non-profit corporation within the County of Eagle of the State of Colorado, and hereinafter referred to byname or as the "contracting entity" for services to be provided by the Town of Vail Communications Center, hereinafter referred to as "the communications center." WITNESSETH: WHEREAS, the contracting entity in the performance of their corporate functions, does fiarni~h fire protection and other public safety services to the citizens and residents within the boundary and area of its service area, and WHEREAS, the contracting entity is authorized to and does presently maintain and operate a radio communications system for the transmission of messages relating to fire protection and other public safety services, to citizens and residents in need from their own organization, and WHEREAS, Town of Vail operates a communications center performing that dispatching for itself and others, among other things, and WHEREAS, the contracting entity does hereby determine and declare that this Agreement is necessary, proper and convenient for the continued fostering and preservation of the public peace, health and safety. NOW, THEREFORE, in consideration of the premises and of the respective covenants and undertakings of the parties hereto, each covenanting to and with each other, as herein set forth, IT IS AGREED as follows, to-wit: ARTICLE I - COMMUI~TICATIONS CENTER The Town of Vail will at all times operate its communications center facilities in an efficient manner and will supply its radio communications services in the transmission and dispatching of messages to and from the participating departments of the contracting entity as hereafter needed to fully discharge the responsibilities of such entity in the providing and furnishing of fire, and emergency medical protection and incidental public safety services to the citizens and residents within the boundary and area of their service area, hereinafter sometimes referred to as "such services". The contracting entity covenants and agrees to purchase from the Town of Vail services as needed by its participating departments. The Town of Vail agrees to charge for such services and the contracting entity agrees to pay for such services, all in accordance with the standards as hereinafter set forth for computing operating costs of the Town of Vail communications center. ARTICLE II -PERMITS AND LICENSES The Town of Vail shall obtain at its expense, any and all permits, certificates and licenses required by any rules, regulations and laws for the construction and operation of its communication facility. The contracting entity will cooperate with the Town of Vail, to the extent necessary, in obtaining such permits, certificates and licenses. ARTICLE III -MAINTAINING EQUIPMENT It is agreed and acknowledged that it is of the essence to this Agreement that the communications center facility shall at all times be maintained in proper operating condition, and the Town of Vail shall sufficiently and adequately protect and maintain its communication center facility and the equipment thereof in such manner that its services shall at all times be efficiently rendered to the participating departments of the contracting entity as and when needed. C:\WINDOWS\TEMP\BMVFD Amended DispatchAGREEMENT.doc DRAFT 2/12/03 • ARTICLE IV -PERSONNEL • The Town of Vail agrees to furnish sufficient and qualified personnel to properly operate the communications center facility and to supply the needed services to the participating departments of the contracting entity on a 24 hour basis everyday hereafter, commencing on or before ARTICLE V -OWNERSHIP AND MANAGEMENT OF COMMLINICATIONS CENTER The contracting entity, by virtue of this Agreement, shall not be the owner or part-owner of any of the assets of the communications center; and, except as otherwise provided herein, the contracting entity other than the Town of Vail shall have no control whatsoever in the management, operation and ownership of the communications center. At the time of entering into this Agreement Eagle County and the Eagle County Emergency Telephone Services Authority have equipment which is presently being utilized in the Town of Vail communications center and it is anticipated that such use will continue. The Town of Vail, by virtue of this Agreement, shall not be the owner or part owner of those assets owned by other entities and being utilized in the communications center. ARTICLE VI -ADVISORY BOARD While the management, operation, and ownership of the communication center sufficient to meet the obligations of this Agreement remains with the Town of Vail, there shall be created an advisory board for the purpose of reviewing protocol and making suggestions as appropriate. The advisory board is intended to create an opportunity for the user agencies to address issues that arise concerning the communication center services rendered by the Town of Vail. The advisory board will meet on a regular basis as determined adequate by that board to address issues and/or concerns that may affect the service being provided. Each user agency has the opportunity to appoint one representative to serve as a member of the advisory board. Such member shall be designated on an annual basis prior to July 18` of each year in which the appointing entity is utilizing the services provided pursuant to this Agreement. If a user agency changes its designated representative other than on July 1~`, such change must be made in writing to the advisory board and the Town of Vail. ARTICLE VII -ANNUAL CHARGES FOR SERVICES The contracting entity hereby agrees to the payment of a proportionate share of the operating costs of the communications center, which shall include but not be limited to the costs of salaries and fringe benefits for employees, telephones, supplies, utilities, maintenance, remote computer terminals, insurance, and any other expenses related to the efficient operation of the communications center. Such operating costs chargeable to the contracting entity will be assessed on a yearly basis. Such annual charges shall be based on police and emergency medical dispatch services by the number of total calls and for fire dispatch services it will be based upon apparatus responses. Actual radio exchanges may be used as part of the criteria for charges. A radio exchange is one or more transmissions between the dispatcher and a unit of the participating department, involving a single topic, a single participating department and a relatively short period of time, as maybe further defined from time to time. A transmission is one continuous and uninterrupted message to or from the dispatcher. Annually, there will be an individual cost analysis and agreement with the contracting entity as to the amount of the annual charges. ARTICLE VIII - DEFAULT IN PERFORMANCE C:\WINDOWS\TEMP\BMVFD Amended DispatchAGREEMENT.doc DRAFT 2!12/03 In the event the contracting entity fails to pay its share of the operating costs when due, the Town of Vail shall cause written notice to be given to the defaulting contracting entity's legislative body or other authority that approved this Agreement, of its intention to terminate said Agreement as to such contracting entity in default unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within the said thirty (30) day period, this Agreement shall be terminated as to the defaulting contracting entity only which shall thereafter be denied communication center service by the Town of Vail. Upon the Town of Vail's default of any of its obligations to operate and maintain the communication center as required by this Agreement, the contracting entity may give written notice of such default to the Town of Vail, which shall cure such default within thirty (30) days. This article is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have for breach of this Agreement. ARTICLE IX -CONTRACTS BY THE TOWN OF VAIL FOR COMMUNICATIONS SERVICES It is agreed by and between the parties that the Tgwn of Vail maybe in a position to furnish radio communications services to other public safety entities and, in this regard, the contracting entity and the Town of Vail hereby expressly agree and consent that such other contracts between the Town of Vail and other political subdivisions shall be on the same terms and conditions as this Agreement, including the formula used for annual cost calculation, as well as any other terms and conditions that the Town of Vasil may deem appropriate which are not inconsistent with this Agreement, do not lessen the service to, or increase the charges due from, the other contracting entities. ARTICLE X -DURATION OF AGREEMENT A. The duration of this Agreement shall be for a minimum period of three years from its effective date. If the contracting entity shall desire to terminate this Agreement, it shall give written notice to the Town of Vail of its intention to terminate the same as of the date of expiration of the annual term hereof, and upon failure so to give such notice to the Town of Vail, then as to such contracting entity not exercising its right to terminate, this Agreement shall continue for its initial three year term and thereafter on a year to year basis, indefinitely until such contracting entity shall exercise its right to terminate this Agreement by written notice to the Town of Vail of its intention so to terminate. The written notice shall be given a minimum of ninety (90) days prior to the next succeeding anniversary date hereof when such contracting entity might duly terminate the same as aforesaid. Termination of this Agreement by the contracting entity shall be effected by filing with the Town of Vail a notice aclmowledging that this Agreement, as it then exists, has been duly terminated by the due resolution of the corporate body or other appropriate authority of such contracting entity so desiring to terminate the same and such notice shall be duly signed by the presiding officer of said corporate body or the chief executive officer of such contracting entity. B. ~ The Town of Vail agrees to provide the services that are the subject of this Agreement for as long as the contracting entity desires the same to be provided, unless the number of contracting entities desirous of such services is reduced so as to make it economically not feasible to continue the operation of the communications center in the judgment and sole discretion of the Town of Vail. Termination by the Town of Vail shall be subject to the provisions of Section A. of this Article. ARTICLE XI -EFFECTIVE DATE C:\WINDOWS\TEMP\BMVFD Amended DispatchAGREEMENT.doc DRAFT ?J12/03 ~ ~ This Agreement shall become effective upon the execution hereof by the authorized signatories of the parties. ARTICLE XII - SEVERABILITY CLAUSE If any provision of the Agreement or the application thereof to any party or circumstance is held invalid, such invalidity shall not affect other provisions or application of the Agreement which can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are declared to be severable. IN WITNESS HEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this Agreement to be executed the day and year first above written. TOWN OF VAIL, a Colorado Municipal corporation By: Robert W. McLaurin Town Manager ATTEST: BOND/MCCOY VOLUNTEER FIRE DEPARTMENT, INC., a Colorado non profit Corporation By: Its: Lorelei Donaldson, Town Clerk C:\WINDOWS\TEMP\BMVFD Amended DispatchAGREEMENT.doc DRAFT 2/12/03