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HomeMy WebLinkAboutC04-030 Town of Vail IGA
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ADDENDUM TO DISPATCH SERVICES
INTERGOVERNMENTAL AGREEMENT
TO ADD EAGLE COUNTY ANIMAL CONTROL
AS A CONTRACTING ENTITY
AND TO AMEND CERTAIN TERMS AND CONDITIONS
OF THE INTERGOVERNMENTAL AGREEMENT
This Addendum made and entered into this Q day of ~ ,2004, by
and between the Town of Vail, a Colorado municipal corporation' Eagle Co ty, Colorado and
the County of Eagle, State of Colorado, by and through its Board of County Commissioners on
behalf of the Eagle County Animal Control Department (hereinafter "Eagle County Animal
Control"). The Town of V ail and Eagle County Animal Control are collectively referred to as
the "Parties."
RECITALS
WHEREAS, Eagle County Animal Control, a department within the County of Eagle of
the State of Colorado, has applied to avail themselves of dispatching services provided by the
Town of Vail Communications Center; and
WHEREAS, the Town of Vail wishes to include Eagle County Animal Control as a
contracting entity under the existing Dispatch Services Intergovernmental Agreement dated June
29, 1998 attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, Eagle County Animal Control desires to amend certain terms and
conditions of the existing Dispatch Services Intergovernmental Agreement as set forth below.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties
agree as follows:
AGREEMENT
1. Eagle County Animal Control is hereby added as a contracting entity, subject to
the terms and conditions set forth in the existing Dispatch Services Intergovernmental
Agreement dated June 29, 1998, with the exception of those terms and conditions expressly
amended in this Agreement.
2. Article X, Paragraph A ("Duration of Agreement") with respect to Eagle County
Animal Control shall be amended to read as follows:
A. The duration of this Agreement shall be for a minimum period of one
(1) year, from its effective date of January 1, 2004 through December 31, 2004. The
contractual obligation of the Parties to this Agreement shall be subject to the annual
appropriations as required by Article X, Section 20 of the Constitution of the State of
Colorado. If a 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 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 one (1) year term and
thereafter on a year to year basis, indermitely 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. Eagle County Animal Control may terminate this Agreement at any time, with
or without cause, upon thirty (30) days prior written notice to the Town of Vail. Upon such
termination, each party shall be relieved of any obligations under this Agreement Eagle
County Animal Control shall be reimbursed for the proportion of funds that have not yet
been utilized through dispatch services. Termination of this Agreement by a contracting
entity shall be effected by riling with the Town of Vail a notice acknowledging that this
Agreement, as it then exists, has been duly terminated by the due resolution of the
legislative 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
legislative body or the chief executive officer of such contracting entity.
3. If any conflict exists between the provisions of this Addendum and the existing
Dispatch Services Intergovernmental Agreement, the provisions of this Addendum shall control.
4. This Addendum shall be binding on the Parties hereto, their heirs, executors,
successors and assigns.
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IN WITNESS WHEREOF. the Parties hereto have signed this document the day and year
first above written.
TOWN OF VAlL, a Colorado
municipal corporation
By: &~~
Ludwig Kutz, ayor
Address for giving notice:
Town of Vail
Commwllcations Center
75 S. Frontage Road West
Vail. CO 81657
COUNTY OF EAGLE, STATE OF
COLORADO, by and through Its
BOARD OF COUNTY COMMISSIONERS
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By:JL~ L
Michael L. GallagheT, Ch .
Address for giving Dotiee:
P.O. Box 850
Eagle, CO 81631
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AGR~I;MENT
rms AGREEMENT. made and entered into this .;J.-,J~y of J ,. "M.....
1998. by and between the Town of Van. colomdo lUte! Eagle CoUllty, the Western Eagle CoUJUy .
AmbulaPcc Disttiet. the Town ofEag1e. the Gypsum Fite Protcotion District" the Greater Eagle
File Proteetion ~ the Town ofMintum, ~ Mi11tum Fire District, the Town of Avon, the
Eagle County Health Service Dist.riet ami the u.s. Forest Service, eadl being a political -.
subdivision within the CountY ofEag1e of~ Statl: ofColozado. and hmeiDafter SlWc:rall)'
refelred to by name or conecntvely as the "contnuning entities" for services to be provided by the
'Town ofV8il Communications CeI1ter. heIeinafier referred to as "the cDlDDl1J1lications center."
WlTNESSETII:
WHERBAS. the conttaC1iIIg entities in the performmce of their governmemal functiODS,
do furnish fire andJor lIOllCC protm:tion and omer public safety services to the citizens and
residents within the boundaries and anlIIS ofthen' l'~ve setVice areas. ancl
WHERBAS.. the ~ entities are sevedlly ~ to and. do JHeSIlntly.
severally. ~ and operate radi~ communicatioDS syBtem$ b tI:Je traDSlDif;sion and
dispatchiDg of aJ.eSSBgcs ICla1iag to in and/ot police proteCtion and other pUblic safety services,
and, as an incident 1bereto do engage in the dispaU:.biDg of public safety and emergcncy vebicles
IUlIl services to citizens and JeSidmds in need fiutn their own o~ons, as weU as from other
public or private endties.pmviding public safety savices. and
WHEREAS. Town of Vail operates a CtlmnmnicatiOns center performing that dispatddDg
for itself and others, among other tbings, and
WHEREAS. pm:suant to tho provisions of Section 29-1-201.~, Colorado Revised
SfatUtes. as amended, and.A1ticle XIV of the Constitution of the State of Colorado. each of the
contracting entities is legally authorized to cooperate and conttaCt with the otbml for the p\lrPOSC
of intel'govemmentally l'ro~ any functiOJl. service or facility autl101i7.Prl tn it. ;nl'h,t1;"'e .,...
sharing of costs and inc1uriDgof debt, and further illCludinS .authority to provide for the joint
exercise of such function, service or facility. Blld
EXHIBIT
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WHEREAS. the eontrading entities do ameby sc. --_ly determine and declafe that this
Agreement is necessa:tY. proper and convenient tOJ the continued fostering aDd ~on of
the public peace. health and safety.
NOW. 'l"HEREFORE. in consideration (lftne premises and oftbe respective: covenants
and \1DderIakiugs of the panics hereto. each covmanting to &Ad wid! au;b other jointly and.
sevemUy. as herein set forth, IT IS AGRBBD If., follows. t/J-wi't;
ARTICLE T - C.OMMtlJ'lIC~ nONS CENTER
The Town of van wiD at aU times operate its communic;dion tenter faciIities ill an
efficient manner and will supply its I8dio commwrioa1iolls services in the tr:VJ~l.J1!13dOn ami
dispatching of~ to and from the particiJ)aling ds:.pa..bh~ oftbe COIIIIaCting entities as
hereafter n=ied to Mly discbarge the responsibilities of suc.h goverJDIdaltS in the pnlviding and
NmishiDg of pollee.. fire, ad ~~ ~ protection and incidenml public safety services
to the citi2ens and rcsicleats within the bolmdarics and ateaS oftbeir rc:specti.ve servic:e anm.
Iu:I'flinaftct somt'!time9 refened 10 as "S1JCh services". 11le coDtnlCling entities covea:mt and agree
to pUlCbase from the Town of Vail r;erlic:es as needed by their l'CtI~.aiVl:l participating
. .
dcpaJtmeDts. The ToWll of Vail agrees to cba1'gc fot such seni~. and the con1mdiug
go~ agree to ~ for such services. all m accordance wi1h the stmJdaJ:ds as h~ set
forth for computing Dpeta1ing costs of the 'l'own of Vail COmammicadODS ccntet;
ARTICU~ n . pF.RMfT'S AND T ICEN~
'I'hc Town of Vail shall obtain at its expense, any and all penni13. certificates and licenses
required by any rules. regulations and laws fur the constn1Ction and operation of its
communication c:eI1f&r facil1ty. The c:mnraotins entities will c:oopa:atc wi1:h the Town of Vall. to
the cm=t necessary. in obtaining such pc:rmits. certificates and licenses.
ARTIC.LE ill - MAINTATNING EOUlPMBNT
It is agreed. and acknowledged 1bat it is of the ase:nce to this Agreement tbat the
communications center facility shall at aU times be rrJsiqtRin..d in pr:OpCr oneradn~ condition&.
and the Town of Vail shall sufficiently and adequately protect and maintain its communications
center :facility aDd the equipment thereof in such 11l8IIDeI' that its services shall at all times be
efficiently rendered to the participating departlnems of the contracting entities as and when
needed.
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ARTICLE fY ~ PRRSO
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The Town of Vail agrees to finnish sufficient and qualified petSOlUlel to properly opeme
the comnllaemons center facWty and to aupply the needed services tD tba participatins \
clepaIImeDtB of the ~g govamnet1ts on a 24 hD1Ir basis everyday hereafteJ'. commencing
on or before July I, 1998.
ARTICLS V - OWNERSHIP ANn MANAS:if.:tIENT OJ:' COMMUNICA nONS ~
The ~~B entities, by virtue oftbis Agreement, shall not be the owur or part-owner
of any Df the assets of the conummieatiODS ceuter. and, except as otberwise provided bcrciD, the
~ emitill5 other than the Town of Vail sbaJl have lID control whatsoeVer ill the
mauagmnetlt, operation BDd owner&bip of the communiMttOJ1S eeJIter. At the time of entering
into 1his Agreement Ragle Co\1DtY ancl tbe Eagle County Einergeocy TcllCphone Services
Authority have equipmcnl which is pracmtly being utilized iD the Town of Vail communications
(lemtlr, such use shall contiDue and additional equipment may be placc4 in the comm.mdca1ions
center in the fUture. 'I'b8 Town of Vail. by virtue of this Agreement, sball not be the owner or
part owner oftbose assets.owned by other entities aml being.utilized in tile commuoicatioDS
ct:i1tet .
&UTICLE VI - ADV1$PRY BOARD .
Wbile the JIUIII8ICllJlon.t. operation, and .,WQerSbip of the comm.urdeation c~ sufficient
to meet the obligadons oftbis Agreement remaia8 wi1h the TOWD of Vail, thue shall be 0Matcd
an advisoIy bocud for the pmposc of reviewing protocOl aDd znaking suggestions as approptiate.
The advisory boaId is intended 10 CMatc an oppommity for the lJ8Ct agencies to address issues
that arise concerniDg tile colllDlUllication center services lCDdered by the Town orVail. The
advisory boad will meet on a regqlar basis as ~ adequate by that boafd to address
issues and/or co1UZl1lS thal &na.y a:ffect the service being provided. Each user agency has the
DppDrtunity to appoint one representative to setve lIS a member of the advismy board. Such
mmnber shall be clesigJ:Jllted on an rmnuaJ basis prior to Julv 1st of each year in which tlu'!
appointing eDI:ity is utili2ing the services provided plA'SWlDt to this Agreemeni If a USCl" agonq'
cbangc:s its desigaatedrepleSCD1ativc other tban 00 July 1st, such chauge must be made in writblg
to the a4visoty board and the Town of Vail.
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ARTICLE VII. ANNUAL CHARGE.. R lmRVlCSS
The COa1:ractillg governments hereby agree to the payment of a proporrioaate share of the
o~ costs afthe commUJdca;tions center, which shall include but not be limited to the costs
of salaries aDd fringe benefits for employees, telephones. supplies. utilities, mainteaaDce.
iDsurance. and my otber ~ RIJated to the eflieimrt opaalion of the eomIIIUQicatiODS center.
Such opemiDg costs cbtqeablc to each co11l1'8diD.S govemment will be a:meaatd on a
yearly basis. Sw:b aunllal charges sbalI be based 00 police and CDlC'IPCY medical dispatch
&e1'Yiee.s by the number oflolal calls and for fire di:;patc:h ~ it will be ba&ed upon ~
responses. A.ctua118dio e,x".b1UlgJ'!9 may be usecl as pan oftba cri1eria for charge$. A radio
exchange is 0l1e OJ mon: tramtmissions between tht! dispatcher IlIId a unit of a pi\ltieipating
department. involving a _Ie topic. a single paI1idpuiDg dapatuneat and a relatively short
period of1ia1c, lIS may be iUrl:hm'dl:fincd tom ~ to time. A tBnsD1i~oMn is om: contDmO\1S
and unintmuptecl message fa or from the dispatcher.
Amlua1ly. thefB will be an individual. cost aoalyiD.s _ agreement with each con1l'aCtiDg
eI1tity as to the IQII01D1t of the amwal charges.
ARTICLE VIII. DEFAULT INPElU'ORMANCE
In the ovent an.)' CODUaI:tiDg entity fails to pay its abate of the operating GOStS when due.
the Town of Vail sball cause written DOtice to be given to the defaulting conU'aCtiDg entity's
legislative body or otbCr aulhority tbat approved this A~ Ofds iDtImtiOJl to 1mIJiDab: said
Agmamcmt as to SllOh CDJ11ZIIeting entity bl default mdess such default is cured within thirty (30)
days from the dstc of sud1 DOUce. UpOD failure to cure said dId'at1lt within the said thiny (30)
day period, tbjs Agseement sball be temIiaated as to the defaultmg ~g entity cmly wbich
sbalI thereafter be deaied conunUDicaUon Q;lQter $U'Vicz by the Town of VaiL Upon the Town of
Vail's default of any of its obligatiollS to operate aud _inwn the comJW1I!iC".Jd:ion ctm1:a lIS
required by this Agn!e:QHmt. any contl'8Cting enlity may give written notice of such default to the
To~ of V aU. which sbaIl CUR: such defaull within tbiJtv (30) days. Tbjs article is not intrmdM
to limit the risbt of any parIy UDd~ this Agm:mc;nt to pmsue any or all o1ht:r rmnalies it may
have for 1m:ach oftbis Agreement.
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AItnCLE IX - FJITl1lre CONTRAC;TS B rE TO~ OF VAIL FOa
COMMUNlCA TrONS ~BR.VICES
It is agreed by and between the parties that the Town oeVall may be in a position to
fumish radio cofl'munications services to other political SllbdiYisioDs and. in this regard. me
contracI:b:sg eJUities and the ToWll of Vail hereby expressly aern and consent tbat such other
conUaCts between the Tovm of Vail and other political subdivisiom sbaJ1 be on the same tenDS
and coaditioDS as this Agreement. including the JOImuIa used for anmial cost calcuIation, as wen
as any other tams and Cfty\ditlOllli thal the Town of Vail may deem. appropriate which are not
inconsistent with this Agreemem, do DOt lessen the setVice to, or im:nlase the d1arges dUB from.
the other contrae'ting entities.
ARTICLE X -DURATION OF AOR~
A. The duration of this Agreement shall be for a minimum period oftbree yeatS nom
its effeclive date. N~ the foregoiag. the conuaetual obligation oflho parties to this
Agreement sball be subject to the 8DIlDal apptI)priations as required by Artiele X. Section 20 of
the Constitution of the State of CoImado. {f a contracting entity shall desiIe to terminate this
Agteemcni, it shall give: 'W1i.ttcA notice to 1I'1e Town of Vail of its ~tion Oto le11Dinatc the same
as of the date of eqUation of the aru:mal term taer~f;. and 'UpOD fiillure so to give such notice to
the Town of Van. tbm as to such c:ont:taetin8 entity not exercising its right to temrioate. this
Agreement shall eontiJme fOJ' its initial t1uee year reno md thQ.~ on a year to year basis,
indefinitely nmiI such contracting entity sbaU rotercise its right to terminate this Agreement by
written nOtice to the ToWII of Vail of its intention so to teIminate. The written notice shall be
given a minimum ofDinety (90) days prior to the Ilext succced~ 8IJ:Dive.n;ary date bereofwben
such ccmtraeti11g entity might duly tmminate tbe same as afonsaicl TemlilllUioll oftbis
A.gteement by a contracting entity shall be effected by filing with the Town of van a notice
acknowledging that this Agreemmt. as it then clCilits, bas been duly teIminatcd by the due
. ICSOlution of the legisladve body or other appruoriate autboritv of such contrac1in! emtity !Illl
desiring to termiJJate the same _d such notice sball be dl11y signed by the presiding officer of
said legislative body or the chief executive officer of S'I1Ch contracting eatity.
B. The: Town of V ail agrees to provide the services that are the subject of this
Agreement for as long as the contraetiDg entitia; desire the same to be provided. unless the
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of coll1l'aeting anti1ies desirous of such services
ueed so as to make it ecollomica1ly
DOt feasible 10 continue tIm operation oflbt comnIDllications center in the judgment and sole
diSC1elion oftbe Tow.n of Veil. Tfllmiaa1ion by the Town of Vail sha1J be subject to the
pmvisiom; ofSec:tiOD A ofdUs Artie1e.
ARl1CJ.R XI - UF$C11VE DATH
This Agreemcm shall become etrective upon the execution bmmfby all of the duly
~orizecl sigaatories ofthG pu1icls. aut io.tht ~CIlt that an of1he parties id(l!nt:ifl~ intbis
A.greeInmIt shall not have signed tbis Agreemens on or bet.- July 1. 1998. tbmumd in that event:
this Agreement shan be effecti'Ve and bIndhI8 upon those parties who are sigpatories On or before
saiel date. .As to anyeptity which sba1l not have beoome a signatOIy to this A.greement on or
bcfbR said date. !mY p1Rbase by said mttity of dae communications center services shall be
SI.lbject to the provisions of Article IX oftbis Agreemeat.
ARl1CT~E XII . SI!VlmABn.ITY CLAUS6
[f any pro'Visicm of the Agreement or the appIica1ion thereof to any party or cin:umstaoce
is held invalid, such ia.va1idity sbaU not affect othet pJOvbions 01 applic&l:iDns of the Agn:mnent .
which c:m be rjven e1'l"=t witbout the mvaUd provision OJ" application, mtd to tlUs enel the
provisions of the Agreement an: decIaml to be sevQ8ble.
ARTICLR 'XIlI . EXECImON
This .Apeement may be exewtal in COU4tetpart8. Bxceuticm oftbis Agreement by fewer
than all pardes mall be gGVCl'md by Ardcle XI.
IN WI'INESS HBREOP. Cho parties hereto, acdI1g under autbmity of their ICSpedive
govcmiDg bodi=s, .have caused this AgJammt tal ~ executed tho day aud year fiI8t above
w.riucll.
TOWN OF VAIL
By: t;r/{ J~.
RoJBt W. McLaurin
Its; Town Manager
AttA~~' A)~
-(ore~ Donaldson, Town Clerk
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WESTERN EAGLE COUNTY AMBULANCE DISTRICT
By: Auest ".
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TOWN OF EAGLE
By: AlIe:5t:
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GYPSUM FIRE PR0TEC110N DISTIUCT
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GREATER EAGLE FIRE PROTECTION DISTRICT
By:
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TOWN OF MINTURN
By;
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MINTURN FIRE DISTRICT
By;
Attest;.
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EAGLE COUNTY
By:
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TOWN OF EAGLE
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GYPSUM FIRE pR.OmC110N DISTRICT
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TOWN OF MlNTURN
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MINTURN FIRE DISnuCT
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WESTERN EAOLE COUNTY AMBULANCE DISTRICT
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By:
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WEBT'SDN EAGLE COUNTY AMBULANCE DISTRICT
By:
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TOWN OF -eAGLE
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..GYPSUM FIRE PROTEcnON DISTRIcr
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GRJiATER.BAGLE FIRE PR0TEC110N DISTRICT
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TOWN Of MlNTIJRN
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TOWN OF iAGLS
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GYPSTJM FIRE PROTECTION DISTRlCT
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TOWN OF MIN1tJRN
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MINTURN FIRE DISTRIct
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