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HomeMy WebLinkAbout2022-050-04/19/2022-AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF FORT COLLINS, THE CI1 INTERGOVERNMENTAL AGREEMENT CONCERNING SERVICES OF A GIS ANALYST TO BE PROVIDED BY LARIMER EMERGENCY TELEPHONE AUTHORITY TO CITY OF FORT COLLINS, CITY OF LOVELAND, AND LARIMER COUNTY THIS INTERGOVERNMENTAL AGREEMENT (“the Agreement”) is made and entered into effective this 22nd day of April, 2022, by and between the LARIMER EMERGENCY TELEPHONE AUTHORITY (“LETA”) on the one hand, and the CITY OF FORT COLLINS (“FORT COLLINS”), the CITY OF LOVELAND (“LOVELAND”), and LARIMER COUNTY on the other hand. FORT COLLINS, LOVELAND, and LARIMER COUNTY are referred to herein collectively as “the Signatories” or individually as a “Signatory.” WITNESSETH: WHEREAS, effective July 17, 2018, the Signatories entered into an intergovernmental agreement entitled CRISP Master Intergovernmental Agreement related to the Combined Regional Information Systems Project, a joint effort by FORT COLLINS on behalf of Fort Collins Police Services, LOVELAND on behalf of the Loveland Police Department, and LARIMER COUNTY on behalf of the Larimer County Sheriff’s Office, and each of their respective member public safety agencies designated therein (“the CRISP Master IGA”); WHEREAS, the CRISP Master IGA set forth the Signatories’ desire to share in the use and cost of purchasing, operating, and owning a computer aided dispatch system (“CAD”), a records management system (“RMS”), a jail management system (“JMS”), and other ancillary systems as they may choose, as well as their respective rights and obligations concerning the purchase, maintenance, operation and use of the System as defined therein, including their agreement that each was responsible for one-third (1/3) of any Shared Ancillary Costs arising from the management, operation, maintenance, and upgrade of the System; WHEREAS, LETA is an emergency telephone authority and a political subdivision located in Larimer County, Colorado, created in 1990 pursuant to Colorado law by an intergovernmental agreement between LARIMER COUNTY and certain municipalities (including FORT COLLINS and LOVELAND), fire protection districts, and hospital/health services districts located within Larimer County; WHEREAS, the current version of the intergovernmental agreement - the Fourth Amended Intergovernmental Agreement dated November 1, 2021 (“LETA’s IGA”) - charges LETA with the responsibility in Larimer County for the installation, administration, management, operation, maintenance, upgrade, and enhancement of emergency telephone service and emergency notification service within LETA’s jurisdiction that LETA believes are necessary and appropriate and consistent with applicable law; WHEREAS, the Signatories are also signatories to LETA’s IGA, and each has a permanent seat on LETA’s Board of Directors; EXHIBIT A 2 WHEREAS, as contemplated by the CRISP Master IGA, all five (5) of LETA’s Public Safety Answering Points (“PSAPs”) and its backup PSAP migrated to the shared CAD system to customize workflows, respond, and share information with the agencies that are dispatched, such as law, fire, and emergency medical service; WHEREAS, the shared CAD system requires the continual aggregation, loading, manipulation, coordination, maintenance, editing, verification, and management of layers of geographical information system (“GIS”) data; WHEREAS, LETA and the Signatories have determined that it is in their interest to hire one full-time employee – a shared GIS Analyst – to perform the duties; WHEREAS, LETA and the Signatories have determined that the GIS Analyst should be an employee of LETA, that three-fourths of the GIS Analyst’s time and duties should be dedicated to GIS data for the shared CAD system and GIS data for RMS, and the cost of having that person on LETA’s payroll should be shared among LETA and the Signatories equally; WHEREAS, Colo. Const. art. XIV, §18(2) and C.R.S. § 29-1-201 et seq. authorize LETA and the Signatories to enter into intergovernmental agreements, including agreements addressing the subject matter of this Agreement; WHEREAS, C.R.S. § 29-1-203 authorizes government, as defined in C.R.S. § 29-1-202, to cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units if: 1. such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and 2. any such contract shall set forth fully the purposes, powers, rights, obligations, and the responsibilities, financial and otherwise, of the contracting parties and may provide for the joint exercise of the function, service, or facility, including the establishment of a separate legal entity to do so. WHEREAS, subject to certain limitations, FORT COLLINS and LOVELAND are also authorized by Home Rule Charter and municipal code to enter into intergovernmental agreements; and NOW, THEREFORE, in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Preamble. LETA and the Signatories agree that the recitals set forth above are true and correct and those recitals are hereby incorporated into the body of this Agreement as if fully set forth herein. EXHIBIT A 3 2.Authority. The Signatories represent and warrant that this Agreement has been approved by the CRISP Steering Committee (“CSC”) in accordance with the CRISP Master IGA. 3.Effective Date. This Agreement shall be effective as of April 22, 2022. 4.Description of Services Rendered. LETA agrees that it shall use best efforts to hire a qualified, full-time employee as the GIS Analyst to start in May 2022, and three-fourths of the GIS Analyst’s time shall be devoted to fulfilling the duties set forth in the job description attached hereto as Exhibit A. LETA may solely direct the remaining one-fourth of the GIS Analyst’s time to GIS-related duties for LETA. LETA shall have sole authority to negotiate the terms of employment and hire, train, oversee, direct, review, discipline, and fire the GIS Analyst in accordance with LETA’s policies and employee handbook, and to modify the job description, as LETA deems reasonably necessary. LETA shall be solely responsible for determining the costs associated with the GIS Analyst position, including any relocation fees, signing bonus, wages, overtime, paid time off, benefits, workers’ compensation, and payroll taxes (“Payroll Costs”), as well as the tools needed to perform the duties, such as an office and a computer. The Signatories shall provide the GIS Analyst with access to the CAD System. LETA shall ensure that the GIS Analyst’s access to and use of the CAD system complies with the requirements of the CRISP Master IGA, including (a) complying with all bylaws, policies and procedures of the CSC; (b) not engaging in any activity that might result in the degradation of the CAD System or data contained within the CAD System; and (c) protecting the confidentiality of all data and records stored on the CAD system belonging to other CRISP partner and member agencies. 5. Cost sharing by reimbursement. As a result of the PSAPs benefitting from LETA’s services and the GIS Analyst’s performance of the duties in Exhibit A, upon receipt of an invoice from LETA, the Signatories shall each pay LETA one fourth of the annual cost LETA will incur as Payroll Costs and General Administrative Costs up to a cap of $35,000 per Signatory, but the cap shall increase each calendar year starting in 2023 by the percentage increase actually incurred by LETA, but by no more than 5% each year. LETA will prorate the invoice for 2022 and will send the invoice to the Signatories after the date LETA hires the GIS Analyst. Each signatory hereto shall pay LETA all undisputed amounts within thirty days (30) days of the receipt of LETA’s invoice. Each Signatory shall fund its obligation set forth in this Agreement in its respective annual budget, subject to approval of such Signatory’s governing body. At the end of each calendar year, LETA shall reconcile the invoiced Payroll Costs and General Administrative Costs with the actual costs. 6. Term. This Agreement shall remain in full force and effect for a term of five years from the Effective Date, as permitted by C.R.S. § 29-1-203(1). Upon expiration the Term, this Agreement will be deemed automatically renew for successive one-year terms, unless written notice of intent not to renew has been given at least one hundred eighty (180) days prior to expiration. Upon termination, LETA shall be due and owing all amounts due for services rendered in accordance with this Agreement through the effective date of termination. 7. Liability. The GIS Analyst is LETA’s employee, and, therefore, LETA is responsible for his or her negligence in accordance with applicable law. Nothing in this EXHIBIT A 4 Agreement shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations any signatory may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 through 120, as amended, or of any other defenses, immunities, or limitations of liability available to LETA or the Signatories. 8. Appropriation. To the extent this Agreement constitutes a multiple fiscal year debt or financial obligation of LETA or the Signatories, it shall be subject to annual appropriation pursuant to the Article X, Section 20 of the Colorado Constitution and applicable ordinances or charters of the Signatories. If any Party does not appropriate funds sufficient to meet its obligations under this Agreement, then such non-appropriation will constitute the Party’s termination of its cost-sharing obligation in paragraph 5 effective on January 1 of the non- appropriating Party’s fiscal year for which the funds are not appropriated, regardless of any notice period required in this Agreement. The non-appropriating Party shall give written notice of such non-appropriation of funds to the other Parties not later than thirty (30) days after it is certain that its governing body will fail to appropriate the funds necessary to meet its financial obligations for the ensuing fiscal year. If a Party does not appropriate funds sufficient to meet its obligations under this Agreement, then all Parties who have made their annual appropriation may agree to (i) terminate this Agreement, or (ii) amend this Agreement and remove the non- appropriating Signatory as a party to it. 9. Relationship of the Parties. LETA and the Signatories enter into this Agreement as separate and independent entities and shall maintain such status throughout the term of this Agreement. Nothing contained herein shall be construed as a waiver or modification of the rights afforded LETA or the Signatories under Colorado law. Nothing in this Agreement shall be deemed to create a partnership, agency relationships or any joint venture between LETA and any of the Signatories, or to create an employer/employee relationship between the GIS Analyst and any of the Signatories. 10. Amendment. No amendment or other modification of this Agreement shall be valid unless pursuant to a written instrument signed by LETA and the Signatories. 11. Assignment. The benefits and burdens under this Agreement may not be assigned by LETA or a Signatory without the written consent of the other. 12. Parties to Exercise Good Faith. LETA and the Signatories agree to devote their best efforts and to exercise good faith in implementing and adhering to the provisions of this Agreement. 13. Third Parties. This Agreement is intended to describe rights and responsibilities only as between the named parties hereto. It is not intended to, and shall not be deemed to confer rights to any persons or entities not named as parties herein. 14. Notices. All notices provided for under this Agreement shall be effective when mailed, postage prepaid, and sent to the following addresses: EXHIBIT A 5 If to LETA: Kimberly Culp Chief Executive Officer 4872 Endeavor Drive, Suite 200 Johnstown, CO 80534 If to FORT COLLINS: City of Fort Collins Attn: City Attorney 300 Laporte Ave. Fort Collins, CO 80521 City Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to LOVELAND: City of Loveland Attn: City Attorney 500 E. Third Street Loveland, CO 80537 City Manager City of Loveland 500 E. Third Street Loveland, CO 80537 If to LARIMER COUNTY: Board of County Commissioners of Larimer County, Colorado 200 W. Oak Street Fort Collins, CO 80521 County Manager Larimer County, Colorado P.O. Box 1190 Fort Collins, CO 80522 14. Entire Agreement of the Parties. This Agreement contains the entire agreement between LETA and the Signatories and shall be binding upon them and their successors. 15. Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of Colorado and venue shall be in the Larimer County District Court. 16. Execution. This Agreement may be executed by original, scanned, or facsimile counterpart signatures and shall have the same force and effect as if all signatures appeared on the same original. The persons executing this Agreement each represent that they are duly authorized to execute this Agreement on behalf of their respective entities. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed and made effective as of the day and year first written above. EXHIBIT A EXHIBIT A 7 Exhibit A Job Description - GIS Analyst This position provides technical GIS administration, support, and maintenance for the computer aided dispatch (CAD) application in Larimer County. An ideal candidate will ∗ Build and maintain geographic data sets and associated data sets that support the data requirements of the CRISP CAD, RMS, Mobile, and associated applications. ∗ Build and maintain a positive and effective relationship with our dispatch personnel and emergency response authorities. ∗ Proactively seek to improve data integrity and processes as they relate to the GIS data that is presented to dispatchers. ∗ Aggregate GIS datasets from multiple sources and load into the CAD mapping desktop and mobile applications on a regular basis. ∗ Develop operational efficiencies by reviewing workflows, procedures, and processes as it relates to managing all GIS data within the system. ∗ Assist in troubleshooting issues reported in the CAD map and provide solutions in a clearly communicated and timely manner. ∗ Demonstrate precise QA/QC processes to ensure data integrity in the system. ∗ Assist LETA GIS with GIS centered projects. Requirements ∗ Bachelor’s degree in GIS, geography, or closely related field. ∗ 3 to 5 years professional GIS experience. ∗ Knowledge of 911, CAD, and emergency service practices. ∗ Able to function effectively in a fast-paced, demanding environment that regularly requires the ability to multi-task and problem solve. ∗ Excellent written and verbal communication skills. ∗ Experience with similar CAD (and mobile) applications and mapping solutions. ∗ Experience with extract/transform/load (ETL) solutions in GIS. ∗ Extensive experience with ESRI Desktop ArcGIS Software (Desktop and Pro), scripting and extensions (ModelBuilder, Python, Spatial Analyst, 3D Analyst, Linear Referencing, etc.) ∗ Knowledge of databases and application design principals. ∗ Experience with Microsoft Office products. ∗ Familiarity with Microsoft SQL server and management studio. ∗ Communicate and collaborate with individuals from a wide variety of backgrounds, both technical and non-technical. 4870-0286-2612, v. 1 EXHIBIT A