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Home My WebLink AboutC81-007 Basalt and Rural Fire Protection Districtf AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND BASALT AND RURAL FIRE PROTECTION DISTRICT DISPATCHING SERVICES , LAW ENFORCEMENT THIS AGREEMENT, made and entered into this 12thday of January, 1981, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County" andBasalt & Rural Firg Protection Dist ' ct, hereinafter referred to as the "District". WITNESSETH: WHEREAS, the County by and through its Sheriff's Department and its Animal Control Department has the statutory duty to provide within the unincorporated territory of the County, law enforcement services and animal control services, respectively; and WHEREAS, in order to more efficiently and effectively discharge such law enforcement and animal control services and duties within that certain unincorporated portion of the County lqftwp� lying near, adjacent to and/or in the proximity of the Town of Basalt, the County desires to contract with the District to provide dispatching services; and WHEREAS, the District is agreeable to render such dispatching services on the terms and conditions hereinafter set forth; and WHEREAS, such intergovernmental contracts are authorized and provided for by the provisions of Section 29-1-202 et seq., C.R.S. 1973, as amended. �f N.r' N../ NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree hereby as follows: I. Scope of Services. A. The District shall provide to the County dispatching services to include, inter alia, the answering of calls relating to the Sheriff's Department and/or the Animal Control Department and the relay of same to the appropriate Department's representative on duty. B. The District shall perform such dispatching services during the following hours, to wit: Mondays through Fridays 5:00 P.M. - 12:00 Midnight 12:00 Midnight - 8:00 A.M. During the weekends, dispatching services will commence 5:00 P.M. Friday and continue through 8:00 A,M. Monday Those weekdays that the Town of Basalt offices are closed, dispatching services will commence 5:00 P.M. on the working day prior to the Town Offices being closed and continue through 8:00 A.M. on the day the Town Offices will reopen. C. The rendition of such dispatching services, the standards of performance, personnel policies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the District. In event of dispute between the parties hereto as to the per- formance of the services to be provided herein, a designated representative of the County shall meet with a designated representative of the District to review the manner of performance of such services. II. Compensation. A. In consideration of the services to be rendered pursuant to this agreement, the County hereby agrees to reimburse the District in the amount of seventy-five dollars ($ 75.00) per week. B. The District shall bill the County monthly for the performance of dispatching services referred to herein. Such billing shall be made by invoice, in a form acceptable to the County. Payment on approved invoices shall be made within fifteen (15) days of receipt of the respective invoice by the County. C. Reimbursement as provided for hereinabove shall be made by allocating one-half of such reimbursement to the Sheriff's Department budget and one-half of such reimbursement to the Animal Control Department's budget. III. Insurance and Liability. A. All persons employed in the performance of such dispatching services and functions pursuant to this agree- 11*.d ment shall be District employees, and no person employed here- under shall have any County pension, civil service or any stature or right. B. The County shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any District personnel performing services hereunder for the County, or any liability other than that provided for in this agreement. The County shall not be liable for compensation or indemnity to any District employee for injury or sickness arising out of his/her employment. 11"M� C. The County agrees to indemnify, defend and hold harmless the District, it's respective agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of it's agents, officers, servants and employees, whether contractual or otherwise. Likewise, the District agrees to `M indemnify, defend and hold harmless the County, it's respective llft� agents, officers, servants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to the District's intentional or negligent acts, errors or omissions or that of it's agents, officers, servants and employees, whether contractual or otherwise. D. Each party to this agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this agreement. IV. Terms of Agreement. A. Unless sooner terminated as provided for herein, this agreement shall be effective immediately and shall terminate December 31, 1981. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this agreement upon the giving of thirty (30) days prior written notice of such termination to the other respective party. Notice shall be deemed to have been given upon the mailing of said notice by United States certified, first-class mail, postage prepaid, and addressed to the parties at their respective addresses as shall appear herein or upon a change of address '� pursuant to this notice provision. Upon the expiration of the primary term referred to herein, this agreement may be renewed upon the same terms and conditions of the primary term or upon renegotiated terms and conditions if requested by either of the parties hereto, for additional terms of one (1) year not to exceed two (2) such renewals; provided, however, that the respective parties hereto mutually agree in writing to such renewal. o 14M� .B. Financial obligations of the County and the District, respectively, payable after the current fiscal year are contingent upon funds for the purposes set forth in this agreement being appropriated, budgeted and otherwise made available. C. For dispatching services which have been rendered by the District to the County prior to the execution of this agreement, the County hereby agrees to reimburse the District the amount of $ 1,650.00 to cover the period August, 1980, through December, 1980, and the District hereby accepts such reimbursement as the full amount due and owing for services rendered during the aforesaid period of time. V. Additional provisions. A. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this agreement. B. No modification or waiver of this agreement or of any covenant, condition or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. C. The parties hereto agree to consult with each other in all aspects in the performance of this agreement, and .11"� agree to negotiate in good faith to solve any problems which may arise. D. This written agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the District other than that contained herein. E. This agreement shall be binding upon the respective `/ %4./ `/ parties hereto, their successors or assigns, and may not be assigned by anyone withoutNthe prior written consent of the respective parties hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this agreement shall be interpreted as if such invalid agreement or covenant were not contained herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. ATTEST: i:. . We/. APPROVED AS TO FORM: � 4� Beth A. Whittier County Attorney ATTEST; Secretary to the Board of Directors, Basalt & Rural Fire Protection District COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: Dale F. Grant"- Chairman P.O. Box 850 Eagle, Colorado 81631 328-7311 APPROVED: ( 24nJXz,.1 Jacc aynes, County Sheriff Mick Kasher, Administrative Assistant BASALT AND RURAL FIRE PROTECTION DISTRICT By and Through its BOARD OF DIRECTORS By: =Qk��,z Address; j2n y ioa g-, Telephone; 7