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HomeMy WebLinkAbout2003-012-02/04/2003-AUTHORIZING THE MAYOR AND THE CITY MANAGER TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS REGARDING JOIN RESOLUTION 2003-012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS REGARDING JOINT IMPLEMENTATION, OPERATION AND USE OF A COMPUTER AIDED DISPATCH, RECORDS MANAGEMENT AND JAIL MANAGEMENT SYSTEM, TO BE PURCHASED BY THE CITY AND LARIMER COUNTY WHEREAS, Fort Collins Police Services plans to replace its existing computer aided dispatch ("CAD") and records management ("RMS") system; and WHEREAS, the City currently has an agreement with Poudre Fire Authority and Poudre Valley Health Care,Inc.to provide emergency dispatch services to those agencies through the City's CAD system; and WHEREAS, the Larimer County Sheriffs Office is seeking to update its RMS and jail management system (UMS"), and eventually replace its CAD system; and WHEREAS,Larimer County(the"County")currently allows the Colorado State University Police Department,Estes Park Police Department and Berthoud Police Department to use its system for emergency dispatch services; and WHEREAS, the City and County propose to combine their resources to purchase a jointly owned and operated CAD/RMS/JMS system (the "System") that would provide improved communication and information sharing between a number of emergency services agencies in Larimer County; and WHEREAS,the City would provide two-thirds and the County one-third of the funding for the System, which is expected to cost approximately$3 million to $3.5 million, and which would be purchased through the City's Purchasing Process; and WHEREAS,funds for the City's portion of the system are budgeted and currently available in Police reserves designated for Equipment Replacement and the current Police Services Budget; and WHEREAS, the City and County desire to enter into an intergovernmental agreement in substantially the form attached as Exhibit "A" ("City/County IGA"), governing the purchase, operation, maintenance and use of the system; and WHEREAS, the City and County also desire at a later date to enter into separate intergovernmental agreements with other emergency services agencies in Larimer County, which would govern, among other things, access to and use of the System by other agencies,protection of confidential information and software licenses, and liability ("Outside Agency IGAs"); and WHEREAS,the City and the County have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-102 et.seq.of the Colorado Revised Statutes,to enter into intergovernmental agreements for the purpose of providing any service or performing any function which each can perform individually; and WHEREAS,the Council has determined that it is in the best interests of the City to enter into the City/County IGA and Outside Agency IGAs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Mayor is hereby authorized to execute that certain intergovernmental agreement between the City and Larimer County regarding the joint purchase and operation of a CAD/RMS/JMS system, in substantially the form shown on Exhibit "A", attached hereto and incorporated herein by this reference, with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Section 2. That the future execution by the City Manager of the Outside Agency IGAs as described herein is hereby determined to further a project specifically approved by the Council under City Code Section 1-19(b)(2). Passed and adopted at a regular meeting of the City Council held this 4th day of February, A.D. 2003. �a SPY Mayor `- ArTTEST: Aa City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this day of 2002, by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as the"City"), and LARIMER COUNTY, COLORADO, a political subdivision of the State of Colorado (hereinafter referred to as the "County"). WHEREAS, the City and the County desire to share in the use and cost of operating a computer aided dispatch ("CAD") system, a records management system ("RMS"), a jail management system ("JMS") and an automatic vehicle locator("AVL") system (collectively, the "System"); and WHEREAS, the City and the County desire to enter into this Agreement in order to state their respective rights and obligations concerning the purchase, maintenance, operation and use of the System; and WHEREAS, the parties are authorized to enter into intergovernmental agreements to provide any function, service or facility as provided in Article II, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S. 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 City and the County agree as follows: 1. Term. This Agreement shall be effective as of the date written above, and shall continue in effect indefinitely. Either party may terminate this Agreement at any time upon one year written notice to the other, as provided in paragraph 12, below. 2. System. The System shall consist of the equipment, software, maintenance & services purchased to fulfill City of Fort Collins Request for Proposal P-847, August 16, 2002, as well as additional equipment or upgrades jointly purchased to supplement the System. 3. Purchase of System, Cost Allocation and Ownership. 3.1 The City and County shall cooperate in the purchase of the System. The System will be purchased through the City's competitive purchasing process, and the City shall be responsible for coordinating that process, in accordance with the City's purchasing procedures and guidelines. The approximate cost of the System is anticipated to be $3,500,000. The City will provide 2/3 of the funding required to purchase the System, and the County shall provide 1/3 of the funding. Any grants, stipends or other outside funding or reimbursements shall be applied or credited to the City and County's shares in the same 2/3-1/3 ratio. 1 3.2 The County shall own and take title to that portion of the System purchased with its funds, and the City shall own and take title to that portion of the System purchased with its funds. In the event that any of the City's portion of the System is lease-purchased, the City shall be the sole Lessee in any lease-purchase agreement, and shall be the sole party authorized to exercise any purchase option under such agreement and take title to any lease-purchased equipment. Nothing in this agreement shall prevent or constrain the City or the leasing company from terminating any lease-purchase agreement under the terms of such agreement. In the event that any of the County's portion of the System is lease-purchased, the County shall be the sole Lessee in any lease-purchase agreement, and shall be the sole party authorized to exercise any purchase option under such agreement and take title to any lease-purchased equipment. Nothing in this agreement shall prevent or constrain the County or the leasing company from terminating any lease-purchase agreement under the terms of such agreement. 4. Maintenance. Both parties shall have full access to the entire System. Each party will provide technicians properly trained in the operation and maintenance of the entire System, who shall share responsibility for System administration. 5. Joint Use and Operation. Except as otherwise specifically provided in this Agreement, each party shall provide all utilities, personnel and other necessary supplies and support to properly operate that portion of the System which is located in its facilities. Additional costs for maintenance, upgrades, or other enhancements or improvements to the System shall be shared, with the City paying 2/3 and the County 1/3 of such costs. The parties intend to set aside funds on an annual basis to be used for eventual upgrades to the System, subject to the appropriation of funds by the governing bodies of the City and County, which appropriation is entirely discretionary. The City and County will jointly designate an operational committee that will generate operational policy and oversee all operational issues. If funding is necessary, such committee shall seek funding from the appropriate governing bodies. 6. Interconnection. 6.1 Neither party shall allow access or interconnection between the System and any other network or system without the prior consent of the other. If both the City and County agree, additional agencies may be allowed access to and use of the System through separate intergovernmental agreements ("IGA"s) to which both the City and County shall be parties. Those outside agencies shall be allowed to connect to the System through either the City or County portions of the System. The financial obligation, if any, of such an additional agency shall be set forth in the corresponding separate IGA. 2 6.2 The City and County agree that the following agencies are pre-existing partners and that such agencies are authorized to interconnect to the system. The pre-existing partners are as follows: • Colorado State University Police Department — currently partnered with the County • Berthoud Police Department—currently partnered with the County • Estes Park Police Department—currently partnered with the County • Rocky Mountain National Park—currently partnered with the County • Poudre Fire Authority—currently partnered with the City • Poudre Valley Hospital Ambulance Services — currently partnered with the City 6.3 Such pre-existing partners are authorized under this agreement to have interconnectivity with the system upon execution of an IGA with both the City and County. The City and County agree that any financial obligation of integrating these agencies into the System has already been addressed in their respective 2/3 and 1/3 costs and no additional funding shall be required of such partners, except as outlined in their respective agreements. 6.4 Nothing in this agreement shall imply or convey upon a pre-existing partner or partner added in the future, the right to maintain access to the system. The City and County retain the right to revoke such connectivity and access to the system at any time if both the City and County agree. 7. System Degradation. Neither party shall engage in any activity that might result in the degradation of the System. 8. Notice. Whenever a notice is either required or permitted to be given, it shall be given in writing and delivered personally, or delivered by the postal service, postage prepaid, to the other party at the address indicated below, or at such other address as may be designated in writing by either Ply: 3 If to the City: City Manager City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 With Copy to: Chief of Police City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 If to the County: County Manager Larimer County P.O. Box 1190 Fort Collins, Colorado 80522 With Copy to: Sheriff Larimer County 2501 Midpoint Dr. Fort Collins, Colorado 80525 9. Relationship of the Parties. The parties enter into this Agreement as separate and independent entities and each shall maintain such status throughout the term of this Agreement. 10. Liabili . 10.1 The County shall be responsible for any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any action or omission of the County or its officers, employees and agents in connection with the performance of this Agreement. 10.2 The City shall be responsible for any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees incurred as a result of any act or omission by the City, or its officers, employees and agents in connection with the performance of this Agreement. 10.3 Nothing in this Agreement shall be construed as a waiver of the notice requirements, defenses, immunities, and limitations the City or County may have under the Colorado Governmental Immunity Act (Sec. 24-10-101, C.R.S., et. seq.) or to any other defenses, immunities, or limitations of liability available to the City or County by law. 4 11. Default/Remedies. 11.1 Except as otherwise provided herein, in the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 11.2 In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of twenty(20) days, from receipt of notice of said default from the non- defaulting party, within which to cure said default. In the event the default remains uncorrected, the non-defaulting party may elect to: (a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. 12. Termination. Either party may terminate this agreement at any time, without cause, upon 1 year written notice to the other party, at the address given above for receipt of notices. Upon termination, each party shall retain possession of the portion of the System housed in its facilities, and each party shall assume responsibility for maintenance, repair and all other expenses or liabilities associated with ownership of that party's portion of the System. In the event that the County retains possession of more than 1/3 of the System, by value, after termination, the County shall reimburse the City the difference in value between 1/3 of the System and the portion actually retained, based on the market value of the equipment at the time of termination. In the event that the City retains possession of more than 2/3 of the System, by value, after termination, the City shall reimburse the County the difference in value between 2/3 of the System and the portion actually retained, based on the market value of the equipment at the time of termination. 13. Non-waiver. No waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 14. Non-appropriation. All obligations of each party hereunder are expressly contingent upon the annual appropriation of funds sufficient to carry out the same by the governing body of such party. 5 15. Assignment. Neither City nor County may assign any rights or delegate any duties under this Agreement without the written consent of the other party. 16. Entire Agreement. This Agreement, along with all exhibits and other documents incorporated herein, shall constitute the entire agreement of the parties and supersedes any prior agreement between the parties. This Agreement shall inure to the benefit of their respective survivors, heirs, successors and assigns. Covenants or representations not contained in this Agreement shall not be binding on the parties. No amendment to this Agreement shall be enforceable unless in writing and signed by both parties. 17. Law/Severability. This Agreement shall be governed in all respects by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Attorneys Fees. In the event that either party shall default under any of the provisions of this Agreement and the non-defaulting party shall commence litigation to enforce this Agreement, the defaulting party shall be liable for all costs, expenses and reasonable attorneys fees incurred by the non- defaulting party concerning such litigation. 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. For the County: LARIMER COUNTY, COLORADO A political subdivision of the State of Colorado By: Glen Gibson, Chair Board of County Commissioners ATTEST: Approved as to legal form: Deputy Clerk of the Board Assistant County Attorney For the City: THE CITY OF FORT COLLINS A Municipal Corporation By: Randolph R. Martinez, Mayor ATTEST: Approved as to legal form: City Clerk Assistant City Attorney 7